The Yale Law Journal



Law, Prison, and Double-Double Consciousness: A Phenomenological View of the Black Prisoner’s Experience

This Essay introduces double-double consciousness as a new way of conceptualizing the psychological ramifications of being a black prisoner. Based on my own experience as a black prisoner, I conclude that double-double consciousness is a mechanism through which the prisoner can maintain dignity despite living in captivity.

30 Apr 2019
Critical Race TheoryCriminal Law


Pleading Poverty in Federal Court

Approximately forty million Americans live in poverty. Yet we know little about how they encounter the federal civil justice system. This Article provides the first survey of the in forma pauperis pleading standards of all ninety-four federal district courts. It reveals an inefficient and arbitrary system, and proposes some solutions.

25 Apr 2019
Civil ProcedureAdministrative Law


Disparate Impact, Unified Law

Lower federal courts have recently converged on a two-part test for vote denial claims under section 2 of the Voting Rights Act. Yet this status quo is doctrinally incoherent and constitutionally vulnerable. Courts, this Article contends, should look to disparate impact law to address these problems and preserve section 2.

25 Apr 2019
Election LawVoting RightsAntidiscrimination LawCivil Rights Law


The High Stakes of Low-Level Criminal Justice

Alexandra Natapoff reviews Misdemeanorland, summarizing the book’s key contributions and extending its insights about New York City’s system of misdemeanor managerial social control to illuminate the broader dynamics and democratic significance of the U.S. misdemeanor process.

25 Apr 2019
Criminal LawCriminal ProcedureConstitutional Law


Special Meetings and Consent Solicitations: How the Written-Consent Right Uniquely Empowers Shareholders

Despite a decline in takeover defenses, provisions barring shareholders from acting by written consent remain intact. Companies frequently argue that the written-consent right is unnecessary because it is equivalent to the right to call a special meeting. This Note shows why that equivalence is false. 

25 Apr 2019
Corporate Law


Making Black Lives Matter: Properly Valuing the Rights of the Marginalized in Constitutional Torts

Black lives are systematically undervalued by constitutional enforcement remedies. Courts and scholars have unquestioningly adopted tort law’s corrective-justice scheme for § 1983 suits. But corrective justice is unsatisfactory in a context where the government and private parties frequently interact. This Note argues that distributive justice should be considered as a viable alternative. 


25 Apr 2019
RemediesConstitutional LawTorts


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