The Yale Law Journal

Ethan J. Leib


Fiduciary Political Theory: A Critique

Ethan J. Leib & Stephen R. Galoob

“Fiduciary political theory” is a burgeoning intellectual project that uses fiduciary principles to analyze public law. This Essay provides a framework for assessing the usefulness and limitations of fiduciary political theory. Our thesis is that fiduciary principles can be…


The Costs of Consensus in Statutory Construction

Ethan J. Leib & Michael Serota

Finding methodological consensus for statutory interpretation cases is all the rage these days. Some in the academy sing the praises of a singular judicial approach to questions of statutory interpretation and bemoan the frustrations associated with judges implementing a mélange of interpretive tec…


Rethinking Criminal Law and Family Status

Dan Markel, Ethan J. Leib & Jennifer M. Collins

119 Yale L.J. 1864 (2010). 

In our recent book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties, we examined and critiqued a number of ways in which the criminal justice system uses family status to distribute benefits or burdens to defendants. In their essays, Professors Ala…