The Yale Law Journal



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


Equity as Meta-Law

This Article interprets equity as law about law, or meta-law. Equity specializes in solving complex and uncertain problems, especially those involving multiple parties, conflicting rights, and opportunism. The Article reconstructs this function, diagnoses the ills of current equity, and charts a path forward for equity in our legal system.

30 Mar 2021
Legal Philosophy


The Moral Ambiguity of Public Prosecution

In a legal system where criminal prosecution is the institutional analog of moral blame, a state that acts as exclusive prosecutor exceeds its moral standing and incurs a debt to the victim. The nature of this debt and how we might discharge it are the primary subjects of this Essay. 

30 Mar 2021
Criminal LawLegal Philosophy


Truer U.S. History: Race, Borders, and Status Manipulation

Daniel Immerwahr’s How to Hide an Empire rewrites U.S. history with empire at the core. Building on that accomplishment, this Review sketches a U.S. legal history of indigeneity, race, slavery, immigration, and empire in which legal “status manipulation” accomplished and hid the myriad wrongs done.

30 Mar 2021
Legal History


Prison Malapportionment: Forging a New Path for State Courts

This Comment proposes the first comprehensive path forward for challenging prison malapportionment in state courts, a remedy largely unappreciated in the literature. These state-law claims make use of statutory provisions defining residency, state constitutional equal-population provisions, and distinct state court procedural advantages.  

30 Mar 2021
Election Law


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


01 Feb 2021

Announcing Volume 131

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