The Yale Law Journal



Who Gets the Ventilator? Disability Discrimination in COVID-19 Medical-Rationing Protocols

The coronavirus pandemic has forced us to take the threat of rationing life-saving treatments seriously. Many health systems employ protocols that explicitly deprioritize people for these treatments based on pre-existing disabilities. This argues that such protocols violate the Americans with Disabilities Act, the Rehabilitation Act, and the Affordable Care Act.

27 May 2020
Antidiscrimination LawBioethicsHealth LawLegal Ethics


Respect, Individualism, and Colorblindness

The “colorblind” approach to equal protection purports to treat people as individuals. This Article excavates the philosophical foundations of that idea and argues that the Supreme Court has misconceived it. If the Court pursues colorblindness, it should do so not with indignation but with ambivalence and regret.


30 Apr 2020
Constitutional LawAntidiscrimination LawLegal Philosophy


The Wandering Officer

This Article conducts a systematic investigation of “wandering officers”—law-enforcement officers fired by one department who find work at another agency. It reports on the prevalence, labor mobility, and behavior of these officers. The Article also considers explanations for their continued employment and suggests potential policy reforms.

30 Apr 2020


Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis

Current crises of economic inequality and eroding democracy require us to move beyond legal orientations that prioritize efficiency, neutrality, and apolitical governance. This Feature suggests new orientations and questions for scholarship on “law and political economy” that instead foreground realities of power, aspire toward equality, and are committed to democracy.

30 Apr 2020
Law and EconomicsLegal History


Sincerity, Religious Questions, and the Accommodation Claims of Muslim Prisoners

Current First Amendment doctrine permits courts to judge a claimant’s religious sincerity in a free-exercise suit but prohibits them from adjudicating religious questions. This Note challenges that understanding by explaining and evaluating how courts treat Muslim prisoner accommodation claims in practice.

30 Apr 2020
Constitutional LawFirst AmendmentPrisons and Jails


Island Judges

Tracing the evolution of territorial courts over the last half century, this Note argues that prevailing justifications for withholding life tenure from federal judges in U.S. territories are now obsolete. It foregrounds the central role that the Judicial Conference has played in preserving two separate castes among federal district-court judges.

30 Apr 2020
Federal CourtsLegal History


21 Jan 2020

Announcing Volume 130

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