The Yale Law Journal


RECENT


Forum

Felon Re-Enfranchisement and the Problem of “Lost” Rights

Courts have upheld laws conditioning felon re-enfranchisement on financial repayment by reasoning that disenfranchised citizens lack the rights and protections of political equality. Drawing on legal and democratic theory, this Essay challenges that view. Because disenfranchised citizens retain cognizable interests in political participation, financial-repayment conditions are unconstitutional poll taxes.

14 Jan 2022

Forum

The Overreach of Limits on “Legal Advice”

Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due-process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than undercuts, access to justice.

03 Jan 2022
Legal Ethics

Forum

The Ostensible (and, at Times, Actual) Virtue of Deference

Rethinking Police Expertise reveals how litigators can use police officers’ assertions of expertise against them. This Response questions the value, however, of urging judges to treat police expertise as a “professional technology” as opposed to a “professional virtue.” Insisting on this conceptual distinction may weaken the article’s considerable normative potential.  

30 Nov 2021
Criminal ProcedurePolicing

Collection

The Tax Revolution of the American Rescue Plan Act

This Collection surveys the novel tax implications of the American Rescue Plan Act (ARPA). These Essays analyze ARPA through the lens of fiscal impoverishment, race, unemployment insurance, and state and local responses to economic crises. Each Essay proposes changes to our tax system based on the lessons learned from ARPA.

28 Nov 2021
Tax

Forum

Ordering Conduct Yet Evading Review: A Simple Step Toward Preserving Federal Supremacy

Texas’s patently unconstitutional Senate Bill 8, which effectively bans abortions and assigns enforcement to private individuals, has forced the question whether states can insulate their laws from pre-enforcement review. This piece offers a roadmap for the Court to hold that states may not engage in such procedural trickery.

 

19 Nov 2021
Federal Courts

Collection

Envisioning Equitable Online Governance

This Collection examines how inequality manifests on social media platforms and in the digital public sphere. Essays analyze how race, gender, and other facets of identity shape people’s experience of and access to the digital public sphere and explore the harms minority groups suffer in these spaces. Several Essays chart

16 Nov 2021
Internet LawPrivacy


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