The Yale Law Journal

VOLUME
131
2021-2022
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2021 Yale Law Journal Student-Essay Competition

The Essays in this Collection won the fifth annual Yale Law Journal Student Essay Competition on emerging issues in employment and labor law. In Solidarity, Legitimacy, and the Janus Double Bind, J. Colin Bradley analyzes labor organizing and civic trust. In Unemployment Insurance for the Gig Economy, Benjamin Della Rocca proposes extending unemployment benefits to gig-economy workers.

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Solidarity, Legitimacy, and the Janus Double Bind

J. Colin Bradley

Janus’s failure to recognize a state interest in labor organizing contained a twofold mistake. Organizing develops a culture of civic trust. In turn, civic trust is necessary for citizens to accept the sorts of accommodations raised by conscience-based exemptions claims—like Janus’s—that the state m…

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Unemployment Insurance for the Gig Economy

Benjamin Della Rocca

Historically, U.S. unemployment insurance has excluded workers lying outside the conventional employer/employee binary. That should change. This Essay argues for extending benefits to gig-economy workers, via structures fashioned after states’ existing unemployment programs. It grounds its argument …