The Yale Law Journal



Empire States: The Coming of Dual Federalism

In the standard account of federalism’s eighteenth-century origins, the Framers divided government power among two sovereigns to protect individual liberties. This Article offers an alternative history. It emphasizes that federalism was a form of centralization—a shift of authority from diffuse quasi-sovereigns into the hands of only two legitimate sovereigns.

09 May 2019
FederalismLegal HistoryConstitutional LawFederal Indian Law


Sexual Privacy

New technology threatens the security of information about our intimate lives—our sexual privacy. This Article conceives of sexual privacy as a unique privacy interest that warrants more protection than traditional privacy laws offer. Instead, it suggests a new approach to protecting sexual privacy that relies on laws and markets.

09 May 2019
PrivacyGender and Sexual OrientationInternet Law


The Voluntariness of Voluntary Consent: Consent Searches and the Psychology of Compliance

The Fourth Amendment allows police to perform warrantless searches of individuals if they give consent to be searched and that consent is voluntary. Based on original laboratory research, this Essay posits that fact-finders assessing voluntariness underappreciate the extent to which suspects feel pressure to comply with requests to be searched.

09 May 2019
Criminal ProcedureConstitutional Law


Beyond Nudging: Debiasing Consumers Through Mixed Framing

Mixed framing juxtaposes the positive and negative attributes of a product. For example, a label using mixed framing might characterize food as “90% fat-free / 10% fat.” This Note advocates that regulators embrace mixed framing as a middle ground in the battle between paternalistic and libertarian approaches to consumer-protection law.

09 May 2019
Law and EconomicsConsumer LawFirst Amendment


The Reverse-Entanglement Principle: Why Religious Arbitration of Federal Rights Is Unconstitutional

Several courts have compelled religious arbitration of employment disputes even when the arbitration agreement explicitly states that holy text would trump federal law. This Comment articulates a “reverse-entanglement” principle that explains why courts violate the Establishment Clause when they enforce arbitral decisions that apply religious principles to secular-law disputes.

09 May 2019
First AmendmentAntidiscrimination LawConstitutional Law


Law, Prison, and Double-Double Consciousness: A Phenomenological View of the Black Prisoner’s Experience

This Essay introduces double-double consciousness as a new way of conceptualizing the psychological ramifications of being a black prisoner. Based on my own experience as a black prisoner, I conclude that double-double consciousness is a mechanism through which the prisoner can maintain dignity despite living in captivity.

30 Apr 2019
Critical Race TheoryCriminal Law


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