The Yale Law Journal


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What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice

This Essay defends statutes creating public nuisance and consumer protection causes of action against firearms industry actors for their failure to take reasonable measures to control the flow of their products to criminal users. Such laws are predicate statutes under PLCAA and do not infringe the Second Amendment.

 

27 Feb 2024
Second AmendmentTorts

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An Expansive View of “Federal Financial Assistance”

Thanks to an ambiguity in civil-rights statutes passed under Congresss spending power, many programs enjoy ample financial benefits while avoiding the requirements of federal antidiscrimination laws. This Essay argues that the remedy lies in a statutory reading that aligns with the expansive nature of the civil-rights statutes themselves.

26 Feb 2024
Antidiscrimination Law

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Against Bankruptcy: Public Litigation Values Versus the Endless Quest for Global Peace in Mass Litigation

For the first time in years, in the Purdue Pharma opioids litigation, the Court is reviewing an unorthodox bankruptcy maneuver aimed at securing global settlement. This Essay critiques corporate defendants’ increasingly common turn to bankruptcy to shut down, or avoid altogether, complex civil litigation and the public goods it generates.

09 Feb 2024
Bankruptcy


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