The Yale Law Journal

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128
10 Jul 2018

Brett Kavanaugh’s Note

Brett M. Kavanaugh

Supreme Court nominee Brett Kavanaugh’s student Note in Volume 99 of the Yale Law Journal

09 Jul 2018

A Cooperative Federalism Approach to Shareholder Arbitration

Zachary D. Clopton & Verity Winship

Arbitration has begun to take a new form: mandatory arbitration provisions built into corporate charters and bylaws. The debate about the merits of arbitration is well worn, but its application to shareholder claims opens the door to a different set of responses. This Essay provides one, explaining why the overlapping authority of federal and state actors in this field makes cooperative federalism is a natural fit for addressing these issues. 

Collection

#MeToo and the Future of Sexual Harassment Law

The #MeToo movement has prompted a national dialogue about sexual harassment. This Companion Collection, launched in collaboration with the Stanford Law Review, aims to draw lessons from the #MeToo movement for activists, scholars, policymakers, lawyers, and judges. Across the two journals, the Collection offers twelve scholars’ insights on the ways sexual harassment produces and is produced by broader forms of inequality. Companion Essays can be found at the Stanford Law Review Online.

18 Jun 2018

Reconceptualizing Sexual Harassment, Again

Vicki Schultz

The #MeToo movement has spurred a renewed focus on sexual harassment. But often, the narratives that emerge overemphasize sexualized forms of harassment at the expense of broader structural causes. This Essay builds on Schultz’s previous work to explore those institutional drivers of harassment.

18 Jun 2018

Queering Sexual Harassment Law

Brian Soucek

Franchina v. City of Providence may be the first judicial opinion of the #MeToo movement. But it also points beyond the #MeToo movement, exemplifying harassment that is motivated by desires to enforce gender roles and why sexual orientation discrimination is sex discrimination under Title VII.

18 Jun 2018

Of Power and Process: Handling Harassers in an At-Will World

Rachel Arnow-Richman

Pressure is mounting on companies to take swift disciplinary action regarding alleged sexual harassment. But our employment law incentivizes employers to tolerate high-ranking harassers while cracking down on inappropriate behavior by the rank-and-file. This Essay suggests a better path forward.

18 Jun 2018

What About #UsToo?: The Invisibility of Race in the #MeToo Movement

Angela Onwuachi-Willig

The #MeToo movement has rightly been praised for breaking long-held silences about harassment. It has also rightly been critiqued for ignoring unique forms of harassment that women of color face. This Essay calls for a sexual harassment law that embraces intersectional, multidimensional identity.

18 Jun 2018

Sexual Harassment Law After #MeToo: Looking to California as a Model

Ramit Mizrahi

The #MeToo movement has motivated people to speak out about sexual harassment, but many of those speaking remain vulnerable to retaliation. This Essay provides the perspective of an employment lawyer on the shortcomings of sexual harassment law and how state law can afford greater protection.

18 Jun 2018

Was Sexual Harassment Law a Mistake? The Stories We Tell

Tristin K. Green

Does our sexual harassment law hinder the larger project of reducing harassment? This Essay demonstrates that the law constrains stories of harassment and hamstrings our calls for reform. Ultimately, the law, not just public perception, must change if this movement is to have a lasting effect.

23 Mar 2018

Nonmajority Opinions and Biconditional Rules

Adam Steinman

In Hughes v. United States, the Supreme Court will revisit a thorny question: how to determine the precedential effect of decisions with no majority opinion. For four decades, the clearest instruction from the Court has been the rule from Marks v. United States: the Court’s holding is “the position taken by those Members who concurred in the judgments on the narrowest grounds.” The Marks rule raises particular concerns, however, when it is applied to bicondition…

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