The Yale Law Journal


RECENT


Collection

Yale Law Journal Public-Interest Fellowship Essays

In this Collection, the 2020-21 Yale Law Journal Public-Interest Fellows draw on their work experiences. The first Essay in this Collection argues that Congress can and should replace the existing state-law defamation regime with a federal defamation law.

15 Sep 2021

Collection

Reckoning and Reformation: Reflections and Legal Reponses to Racial Subordination and Structural Marginalization

Americans find themselves once again grappling with the reality and legacy of racial subordination and structural inequality. Law is central to both maintaining and dismantling structural subordination based upon race, class, and other marginalized identities. This collection, in conjunction with other law reviews, grapples with some of these realities.

01 Jun 2021
Antidiscrimination LawCorporate LawCritical Race Theory

Forum

Equal Supreme Court Access for Military Personnel: An Overdue Reform

Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court can veto access to the Supreme Court. This Essay argues for elimination of that veto.

31 May 2021
Federal CourtsMilitary Justice

Feature

Reasoned Explanation and Political Accountability in the Roberts Court

The Supreme Court invalidated two major executive-branch initiatives in the past two years, pointing in each case to concerns about an evasion of political accountability. This Feature surfaces the “accountability-forcing” brand of arbitrariness review at work in these cases, unpacks its significance, and mounts a qualified defense of its merits.

29 May 2021
Administrative Law

Note

Title 18 Insider Trading

Securities regulation is a poor host for insider trading doctrine. This Note advances an alternative: the law of federal criminal fraud. It argues that a standalone model of Title 18 insider trading can resolve stubborn doctrinal puzzles, stamp out judge-made securities crimes, and reanchor the offense to its conceptual foundations.

29 May 2021
Criminal LawCorporate Law

Note

Voters Need to Know: Assessing the Legality of Redboxing in Federal Elections

Redboxing is the term used by campaign operatives to describe when candidates and political parties post public, online messages to share campaign strategy with super PACs. This Note provides the first descriptive account of the practice, and assesses its legality under the Federal Election Commission’s test for coordination.

29 May 2021
Election Law


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