The Yale Law Journal

Review

Review

Pregnancy, Poverty, and the State

Michele Goodwin & Erwin Chemerinsky

In this Review of Khiara Bridges’s book, The Poverty of Privacy Rights, Michele Goodwin and Erwin Chemerinsky argue that state legislatures, as well as the federal government and courts, express moral disregard and even outright contempt for poor women in multitudinous ways that include, but extend …

Review

How Long Is History's Shadow?

Anita S. Krishnakumar

Josh Chafetz, in Congress’s Constitution, urges Congress to rehabilitate its underused but important nonlegislative powers. In this Book Review, Anita Krishnakumar argues that while reinvigorating these powers is a good idea in theory, Congress may not have the ability or inclination to do so. 

Review

The Original Theory of Constitutionalism

David Singh Grewal & Jedediah Purdy

The conflict between various versions of “originalism” and “living constitutionalism” has long defined the landscape of constitutional theory and practice. In this Review of Richard Tuck’s The Sleeping Sovereign, David Grewal and Jedediah Purdy adapt the sovereignty-government distinction at the hea…

Review

Privacy’s Trust Gap: A Review

Neil Richards & Woodrow Hartzog

Obfuscation: A User’s Guide for Privacy and Protest By Finn Brunton and Helen Nissenbaum Cambridge and London: The MIT Press 2015 author. Neil Richards is Thomas and Karole Green Professor of Law, Washington University School of Law; Affiliate Scholar, The Center for Internet…

Review

Systemic Triage: Implicit Racial Bias in the Criminal Courtroom

L. Song Richardson

Crook County: Racism and Injustice in America’s Largest Criminal Court By Nicole van cleve Stanford university press, april 2016 author. Professor of Law, U.C. Irvine School of Law. A.B. Harvard College, J.D. Yale Law School. I wish to thank Rick Banks, Erwin Chemerins…

Review

A Review

Eric A. Posner

The Court and the World: American Law and the New Global Realities BY STEPHEN BREYER, ALFRED A. KNOPF, 2015 author. Kirkland & Ellis Distinguished Service Professor, University of Chicago Law School. Thanks to Will Baude and Curt Bradley for helpful comments, Kathrine Gutierrez f…

Review

Eighteen Years On: A Re-Review

Richard A. Posner

The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment BY WILLIAM N. ESKRIDGE, JR. NEW YORK: THE FREE PRESS, 1996. author. Judge, U.S. Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School. In 1992 I published a book called…

Review

The Banality of Racial Inequality

Richard R.W. Brooks

Reproducing Racism: How Everyday Choices Lock in White Advantage BY DARIA ROITHMAYR NEW YORK: NYU PRESS, 2014, PP. 205. $25.00. author. Charles Keller Beekman Professor of Law at Columbia Law School and Professor (Adjunct) of Law at Yale Law School. I…

Review

Constitutions of Hope and Fear

Frederick Schauer

Citizens Divided: Campaign Finance Reform and the Constitution BY ROBERT C. POST CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2014, PP. 264. $29.95. author. David and Mary Harrison Distinguished Professor of Law, University of Virginia. I am gra…

Review

Judging Justice on Appeal

Marin K. Levy

A review of Injustice on Appeal: The United States Courts of Appeals in Crisis

Review

Why Protect Religious Freedom?

Michael W. McConnell

Why Tolerate Religion? BY BRIAN LEITER PRINCETON, NJ: PRINCETON UNIVERSITY PRESS, 2012, PP. 208. $24.95. author. Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institution. The auth…

Review

Next-Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance

Anthony V. Alfieri & Angela Onwuachi-Willig


122 Yale L.J. 1484 (2013).

This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati’s Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to bo…

Review

Lightning in the Hand: Indians and Voting Rights

Pamela S. Karlan

120 Yale L.J. 1420 (2011). 

American Indians and the Fight for Equal Voting Rights

By Laughlin McDonald

Norman, OK: University of Oklahoma Press, 2010, pp. 347. $55.00.

Review

The Common School Before and After Brown: Democracy, Equality, and the Productivity Agenda

Rosemary C. Salomone

120 Yale L.J. 1455 (2011). 

In Brown's Wake: Legacies of America's Educational Landmark

By Martha Minow

New York, NY: Oxford University Press, 2010, pp. 320. $24.95.

Review

Multiplicity in Federalism and the Separation of Powers

Josh Chafetz

120 Yale L.J. 1084 (2011). 

The Ideological Origins of American Federalism

By Allison L. Lacroix

Cambridge, MA: Harvard University Press, 19th ed., 2010, PP. 312. $35.00.

Review

The Bluebook Blues

Richard A. Posner

120 Yale L.J. 850 (2011). 

The Bluebook: A Uniform System of Citation

By the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and The Yale Law Journal

Cambridge, Mass.: The Harvard Law Review Association, 19th ed., 2010, pp. xvii, 511. $32.00 (paperbound).

Review

The Best Laid Plans

Frederick Schauer

120 Yale L.J. 586 (2010). 

Review

Unbundling Homeownership: Regional Reforms from the Inside Out

Nicole Stelle Garnett

119 Yale L.J. 1904 (2010). 

Review

Contract Interpretation Redux

Alan Schwartz & Robert E. Scott

119 Yale L.J. 926 (2010). 

Contract interpretation remains the largest single source of contract litigation between business firms. In part this is because contract interpretation issues are difficult, but it also reflects a deep divide between textualist and contextualist theories of interpretatio…

Review

Debunking Blackstonian Copyright

Shyamkrishna Balganesh

118 Yale L.J. 1126 (2009).

 

Copyright’s Paradox

BY NEIL WEINSTOCK NETANEL
NEW YORK, NY: OXFORD UNIVERSITY PRESS, 2008, PP.ix, 274. $34.95.

 

Review

Giving the Constitution to the Courts

Jamal Greene

117 Yale L.J. 886 (2008).

 

 

Review

Wealth Without Markets?

Lior Jacob Strahilevitz

116 Yale L.J. 1472 (2007) 

The Wealth of Networks: How Social Production Transforms Markets and Freedom

BY YOCHAI BENKLER

NEW HAVEN: YALE UNIVERSITY PRESS, 2006. PP. 528. $40.00

Review

Cosmopolitan Law?

Noah Feldman

116 Yale L.J. 1022 (2007)

Review

Restoring the Right Constitution?

Eduardo Penalver

116 Yale L.J. 732 (2007)

Review

Save the Cities, Stop the Suburbs?

Nicole Stelle Garnett

116 Yale L.J. 598 (2006)

Sprawl: A Compact History
BY ROBERT BRUEGMANN
CHICAGO: UNIVERSITY OF CHICAGO PRESS, 2005. PP. 306. $27.50

The City: A Global History
BY JOEL KOTKIN
NEW YORK: MODERN LIBRARY CHRONICLES, 2005. PP. 256. $21.95

Review

The Pragmatic Passion of Stephen Breyer

Paul Gewirtz

115 Yale L.J. 1675 (2006)

Now in his twelfth year as a Supreme Court Justice, Stephen Breyer has written an important book, Active Liberty, which crystallizes a fundamental set of beliefs about the American Constitution and his role as a Justice. Taking Active Liberty as the entry point, this piece p…

Review

Justice Breyer Throws Down the Gauntlet

Richard A. Posner

115 Yale L.J. 1699 (2006)

A Supreme Court Justice writing a book about constitutional law is like a dog walking on his hind legs: The wonder is not that it is done well but that it is done at all. The dog's walking is inhibited by anatomical limitations, the Justice's writing by political ones. Supre…

Review

Justice Breyer's Democratic Pragmatism

Cass R. Sunstein

115 Yale L.J. 1719 (2006)

As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic foundations. In an influential book, Breyer emphasized that regulatory problems were "mismatched" t…

Review

Viewing CSI and the Threshold of Guilt: Managing Truth and Justice in Reality and Fiction

Tom R. Tyler

The "CSI effect" is a term that legal authorities and the mass media have coined to describe a supposed influence that watching the television show CSI: Crime Scene Investigation has on juror behavior. Some have claimed that jurors who see the high-quality forensic evidence presented on CSI raise th…

Review

Who Will Find the Defendant if He Stays with His Sheep? Justice in Rural China

Frank K. Upham

114 Yale L.J. 1675 (2005)

In Song fa xiaxiang: Zhongguo jiceng sifazhidu yanjiu [Sending Law to the Countryside: Research on China's Basic-Level Judicial System], Dean Zhu Suli of Beijing University Law School claims that Chinese legal scholars uncritically accept foreign models and rule-of-law ideol…

Review

Property in All the Wrong Places?

Carol M. Rose

114 Yale L.J. 991 (2005)

In Who Owns Native Culture? and Public Lands and Political Meaning, an anthropologist and a historian document an ever-increasing deployment of property categories in two quite different domains: native people's recent cultural claims in the first book and the longer story o…

Review

Judicial Power and Civil Rights Reconsidered

David E. Bernstein & Ilya Somin

114 Yale L.J. 593 (2004)

Michael Klarman's From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality is an important contribution to the scholarly literature on both the history of the civil rights struggle and judicial power more generally. Klarman argues that for much of…

Review

The Law and Economics of Critical Race Theory

Devon W. Carbado & Mitu Gulati

112 Yale L.J. 1757 (2003)

Our story is about the production and consumption of racial prototypes. The regulatory thrust of homogeneity creates both a demand for, and a supply of, specific racial prototypes--outsiders who can fit within predominantly white workplace cultures without "disturb[ing] the …

Review

The Politics of Corporate Governance Regulation

Peter A. Gourevitch

112 Yale L.J. 1829 (2003)

Why do corporate governance systems differ quite substantially around the world? The American model supervises managers through a board representing a diffuse mass of external shareholders whose rights are defended by a variety of institutional rules (such as those governing…

Review

The Grounds of Welfare

Jules L. Coleman

112 Yale L.J. 1511 (2003)

Louis Kaplow and Steven Shavell are talented and distinguished legal academics who for the past several years have been working jointly on a massive project in normative law and economics. The project's goal is to answer the question: What are the criteria by which legal pol…

Review

What Ails Us?

Lillian R. BeVier

112 Yale L.J. 1135 (2003)

Is American democracy sick? If so, what ails it? More importantly, can the disease be cured? Can its symptoms be alleviated by imaginative and well-crafted laws? Or is it a genetic disorder embedded in the DNA of modern representative government and thus unlikely to yield to…

Review

Friedman's Law

Michael E. Parrish

112 Yale L.J. 925 (2003)

In this appraisal of Lawrence M. Friedman's American Law in the Twentieth Century, I begin in Part I with a survey of the several "schools" of American legal history that have risen to prominence in the years since World War II, utilizing a suggestive framework first offered …

Review

Homes Rule

Lee Anne Fennell

112 Yale L.J. 617 (2002)

In this important new book on local governance, economist William Fischel presents and defends a deceptively simple and intuitively resonant proposition: "that homeowners, who are the most numerous and politically influential group within most localities, are guided by their …

Review

Fall from Grace: Arming America and the Bellesiles Scandal

James Lindgren

111 Yale L.J. 2195 (2002)



Review

Method and Principle in Legal Theory

Stephen R. Perry

111 Yale L.J. 1757 (2002)

The Practice of Principle is an excellent book that practically overflows with interesting and original arguments. Coleman is a superb analytical philosopher, as every page of the book attests. This is one of the most important contributions to legal theory to come along in …

Review

Why Tax the Rich? Efficiency, Equity, and Progressive Taxation

Reuven S. Avi-Yonah

111 Yale L.J. 1391 (2002)

In Greek mythology, Atlas was a giant who carried the world on his shoulders. In Ayn Rand's 1957 novel Atlas Shrugged, Atlas represents the "prime movers"--the talented few who bear the weight of the world's economy. In the novel, the prime movers go on strike against the o…

Review

Tobacco Unregulated: Why the FDA Failed, and What To Do Now

Margaret Gilhooley

111 Yale L.J. 1179 (2002)

The book jacket promises drama. David Kessler, former Commissioner of the Food and Drug Administration (FDA), is said to tell "a gripping detective story," a story of "right and wrong" and "moral courage." The "unlikely heroes" are a small team of FDA employees who set out t…

Review

Dialectics and Domestic Abuse

Katharine K. Baker

110 Yale L.J. 1459 (2001)


 

Review

Erie and the History of the One True Federalism

Susan Bandes

110 Yale L.J. 829 (2001)



Review

Signaling Discount Rates: Law, Norms, and Economic Methodology

Richard H. McAdams

110 Yale L.J. 625 (2001)

For decades, sociologists and law-and-society scholars have studied law in a broader social context that includes norms. More recently, the subject of social norms has come to the sustained attention of rational choice scholars, including economists, philosophers, politica…

Review

Animal Rights

Richard A. Posner

110 Yale L.J. 527 (2000)

The "animal rights" movement is gathering steam, and Steven Wise is one of the pistons. A lawyer whose practice is the protection of animals, he has now written a book in which he urges courts in the exercise of their common-law powers of legal rulemaking to confer legally en…

Review

Corruption, Pollution, and Politics

John Copeland Nagle

110 Yale L.J. 293 (2000)