The Yale Law Journal


RECENT


Forum

Victims Versus the State’s Monopoly on Punishment?

Gabriel Mendlow rightly argues that victims deserve larger roles in criminal justice, but mistakenly hints that they deserve exclusive control. Communities are also harmed by crimes and have standing to punish them. This Essay argues that criminal procedure should return to its roots as a communal morality play.

 

01 Apr 2021
Criminal Law

Forum

Models, Race, and the Law

The Race-Blind Future of Voting Rights is a provocative proof of concept with an unstable empirical foundation. The Article delivers a baseline for minority electoral opportunity using the ensemble method of random district generation; this Response flags technical issues and questions the conceptual alignment of the methods with their application.

 

08 Mar 2021
Election Law

Forum

By Any Means: A Philosophical Frame for Rulemaking Reform in Criminal Law

Equitable crime policy and equity in the process of crime policymaking stand as the two goals most important to criminal-justice reform advocates. It would be a strategic mistake, however, to consider the two of equal importance. 

08 Mar 2021
Criminal Law

Forum

Supreme Court Reform and American Democracy

The current crisis of the Supreme Court is inextricable from the question of the Court’s role in our democracy. We identify three strategies for ensuring the Court maintains its proper role—internal restraint, external constraints, and structural reform—and argue that internal restraint and external constraints suffer from serious drawbacks.

08 Mar 2021
Constitutional LawFederal Courts

Article

Police Reform Through a Power Lens

This Article examines recent social movements efforts to shift power over policing to those most harmed by mass criminalization. This focus on power-shifting—the power lens—opens up reform discussions to first-order questions about how the state should provide safety and security, with or without policing as we know it.

08 Mar 2021
PolicingCriminal Law

Article

The Race-Blind Future of Voting Rights

The world of voting rights could soon be turned upside down. A conservative Supreme Court might insist that minority voters' existing representation be compared to the representation they would receive if the redistricting process were race blind. This Article is the first to explore the potential consequences of this dramatic shift.

08 Mar 2021
Constitutional LawElection Law


NEWS


01 Feb 2021

Announcing Volume 131

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