Print Archive
Article
The Unconstitutional Conditions Vacuum in Criminal Procedure
Article
Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power
Feature
Evidence-Based Transitional Justice: Incorporating Public Opinion into the Field, with New Data from Iraq and Ukraine
Note
“Trying to Save the White Man’s Soul”: Perpetually Convergent Interests and Racial Subjugation
Article
Beyond Trade Secrecy: Confidentiality Agreements that Act Like Noncompetes
Article
Judicial Legitimacy and Federal Judicial Design: Managing Integrity and Autochthony
Article
The Weaponization of Attorney’s Fees in an Age of Constitutional Warfare
Feature
After the Law of Apolitical Economy: Reclaiming the Normative Stakes of Labor Unions
Note
Familial-Status Discrimination: A New Frontier in Fair Housing Act Litigation
Article
Barbarians Inside the Gates: Raiders, Activists, and the Risk of Mistargeting
Article
The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State
Article
Open Access, Interoperability, and DTCC’s Unexpected Path to Monopoly
Introduction
Introduction to the Special Issue on the Law of the Territories
Article
The Insular Cases Run Amok: Against Constitutional Exceptionalism in the Territories
Note
“We Hold the Government to Its Word”: How McGirt v. Oklahoma Revives Aboriginal Title
Article
Whose Child Is This? Improving Child-Claiming Rules in Safety-Net Programs
Review
Writing About the Past That Made Us: Scholars, Civic Culture, and the American Present and Future
Article
Disparate Limbo: How Administrative Law Erased Antidiscrimination
Note
Not Hers Alone: Victim Standing Before the CEDAW Committee After M.W. v. Denmark
Note
Divide and Conquer? Lessons on Cooperative Federalism from a Decade of Mental Health Parity Enforcement
Article
Constructing Countervailing Power: Law and Organizing in an Era of Political Inequality
Feature
Technocratic Pragmatism, Bureaucratic Expertise, and the Federal Reserve
Note
When Marriage Is Too Much: Reviving the Registered Partnership in a Diverse Society
Feature
Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis
Note
Sincerity, Religious Questions, and the Accommodation Claims of Muslim Prisoners
Essay
The Voluntariness of Voluntary Consent: Consent Searches and the Psychology of Compliance
Comment
The Reverse-Entanglement Principle: Why Religious Arbitration of Federal Rights Is Unconstitutional
Note
Monuments to the Confederacy and the Right to Destroy in Cultural-Property Law
Article
An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act
Note
Beyond the Critique of Rights: The Puerto Rico Legal Project and Civil Rights Litigation in America’s Colony
Comment
The Treaty Problem: Understanding the Framers’ Approach to International Legal Commitments
Note
A Legal Sanctuary: How the Religious Freedom Restoration Act Could Protect Sanctuary Churches
Review
Who Locked Us Up? Examining the Social Meaning of Black Punitiveness
Note
Reviving the Power of the Purse: Appropriations Clause Litigation and National Security Law
Note
Attorney for the Day: Measuring the Efficacy of In-Court Limited-Scope Representation
Comment
Exceptional Judgments: Revising the Terrorism Exception to the Foreign Sovereign Immunities Act
Collection
Unlocking Antitrust Enforcement
There is no antitrust law without antitrust law enforcement. Unlocking Antitrust Enforcement contends that existing tools to advance antitrust enforcement are well-suited to confront today’s U.S. antitrust challenges. Primarily focused on efforts by the federal antitrust agencies, these Features lay the foundation for an overarching enforcement agenda.
Feature
Introduction: Unlocking Antitrust Enforcement
Feature
Beyond Brooke Group: Bringing Reality to the Law of Predatory Pricing
Feature
How Antitrust Law Can Make FRAND Commitments More Effective
Comment
The Tarnished Golden Rule: The Corrosive Effect of Federal Prevailing-Party Standards on State Reciprocal-Fee Statutes
Feature
Title VII’s Statutory History and the Sex Discrimination Argument for LGBT Workplace Protections
Note
Ban the Address: Combating Employment Discrimination Against the Homeless
Feature
Who Bleeds When the Wolves Bite? A Flesh-and-Blood Perspective on Hedge Fund Activism and Our Strange Corporate Governance System
Collection
In Memoriam: Justice Antonin Scalia
Note
What’s Wrong with Intentionalism? Transformative Use, Copyright Law, and Authorship
Note
Duties Owed: Low-Intensity Cyber Attacks and Liability for Transboundary Torts in International Law
Feature
Is History Repeating Itself? Sentencing Young American Muslims in the War on Terror
Note
Private Enforcement of the Affordable Care Act: Toward an "Implied Warranty of Legality" in Health Insurance
Comment
The “M” in MLP: A Proposal for Expanding the Roles of Clinicians in Medical-Legal Partnerships
Comment
In Wakefield’s Wake: Rescuing New York's Enterprise Corruption Jurisprudence
Comment
From False Evidence Ploy to False Guilty Plea: An Unjustified Path To Securing Convictions
Collection
A Conversation on Title IX
Features and Essays inspired by the Journal's Conversation on Title IX, hosted at the Yale Law School in September 2015.
Feature
In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education
Feature
A Better Balance: Providing Survivors of Sexual Violence with “Effective Protection” Against Sex Discrimination Through Title IX Complaints
Feature
Transformation Requires Transparency: Critical Policy Reforms To Advance Campus Sexual Violence Response
Note
How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes
Note
Border Checkpoints and Substantive Due Process: Abortion Rights in the Border Zone
Article
Governance Reform and the Judicial Role in Municipal Bankruptcy
Feature
Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice
Feature
Returning to Common-Law Principles of Insider Trading After United States v. Newman
Comment
Toward an Efficient Licensing and Rate-Setting Regime: Reconstructing § 114(i) of the Copyright Act
Article
The Lost “Effects” of the Fourth Amendment: Giving Personal Property Due Protection
Note
Present at Antitrust’s Creation: Consumer Welfare in the Sherman Act’s State Statutory Forerunners
Collection
In Memoriam: Robert A. Burt
Robert A. Burt was a member of the Yale Law School Class of 1964, a Note & Comment Editor for Volume 73 of the Yale Law Journal, and a member of the Yale faculty for thirty-nine years. To honor Professor Burt, the Journal is proud to publish this collection of Tributes to his life, career, and legacy. Unless otherwise noted, each Tribute is adapted from remarks delivered at Professor Burt’s memorial service, at the Yale Law School, on November 1, 2015.
Article
The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement
Collection
Arbitration, Transparency, and Privatization
Contextualizing and analyzing recent developments in U.S. arbitration regimes
Feature
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
Feature
Arbitration and Americanization: The Paternalism of Progressive Procedural Reform
Note
Expanding Conscience, Shrinking Care: The Crisis in Access to Reproductive Care and the Affordable Care Act’s Nondiscrimination Mandate
Feature
Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics
Article
Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment
Feature
Fifty States, Fifty Attorneys General, and Fifty Approaches to the Duty To Defend
Comment
Stare Decisis and Secret Law: On Precedent and Publication in the Foreign Intelligence Surveillance Court
Article
Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction
Article
Beyond Diversification: The Pervasive Problem of Excessive Fees and "Dominated Funds" in 401(k) Plans
Article
Deviance, Aspiration, and the Stories We Tell: Reconciling Mass Atrocity and the Criminal Law
Note
Mitigating Jurors' Racial Biases: The Effects of Content and Timing of Jury Instructions
Note
How To Eat an Elephant: Corporate Group Structure of Systemically Important Financial Institutions, Orderly Liquidation Authority, and Single Point of Entry Resolution
Article
Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications
Note
Against the Tide: Connecticut Oystering, Hybrid Property, and the Survival of the Commons
Article
Agency Enforcement of Spending Clause Statutes: A Defense of the Funding Cut-Off
Note
Price’s Progress: Sex Stereotyping and Its Potential for Antidiscrimination Law
Note
Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem
Note
The Rise of Institutional Mortgage Lending in Early Nineteenth-Century New Haven
Symposium
The Meaning of the Civil Rights Revolution
A symposium of essays on the origins and status of the civil rights project fifty years after the Civil Rights Act of 1964, using Bruce Ackerman’s We the People: The Civil Rights Revolution (2014) as a focal point and a foil.
Essay
Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program
Essay
Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements
Article
Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation
Note
The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations
Essay
From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism
Essay
Negotiating Conflict Through Federalism: Institutional and Popular Perspectives
Comment
Innocent Abroad? Morrison, Vilar, and the Extraterritorial Application of the Exchange Act
Article
The Separation of Funds and Managers: A Theory of Investment Fund Structure and Regulation
Note
Regulating Sexual Orientation Change Efforts: The California Approach, Its Limitations, and Potential Alternatives
Article
Ice Cube Bonds: Allocating the Price of Process in Chapter 11 Bankruptcy
Article
The Evolution of Shareholder Voting Rights: Separation of Ownership and Consumption
Article
The Interpretation-Construction Distinction in Patent Law
Essay
Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse
Article
Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker
Essay
Fifty Years of Defiance and Resistance After Gideon v. Wainwright
Essay
Celebrating the “Null” Finding: Evidence-Based Strategies for Improving Access to Legal Services
Essay
Participation, Equality, and the Civil Right to Counsel: Lessons from Domestic and International Law
Essay
Searching for Solutions to the Indigent Defense Crisis in the Broader Criminal Justice Reform Agenda
Essay
Valuing Gideon’s Gold: How Much Justice Can We Afford?
Essay
Fear of Adversariness: Using Gideon To Restrict Defendants’ Invocation of Adversary Procedures
Essay
Effective Trial Counsel After Martinez v. Ryan: Focusing on the Adequacy of State Procedures
Review
Next-Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance
Article
Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second
Essay
Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote?
Note
Lawsuits as Information: Prisons, Courts, and a Troika Model of Petition Harms
Essay
Asymmetries and Incentives in Plea Bargaining and Evidence Production
Comment
Copyright Protection in an Opt-Out World: Implied License Doctrine and News Aggregators
Article
A Decision Theory of Statutory Interpretation: Legislative History by the Rules
Essay
How Much Difference Does the Lawyer Make? The Effect of Defense Counsel on Murder Case Outcomes
Article
Randomized Evaluation in Legal Assistance: What Difference Does Representation (Offer and Actual Use) Make?
Essay
The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other
Note
Locking the Doors to Discovery? Assessing the Effects of Twombly and Iqbal on Access to Discovery
Comment
Corporate Purposes in a Free Enterprise System: A Comment on eBay v. Newmark
Article
Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments
Comment
One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement
Feature
WikiLeaks and the Institutional Framework for National Security Disclosures
Essay
Income Tax Discrimination: Still Stuck in the Labyrinth of Impossibility
Note
Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability To Bring Successful Padilla Claims
Comment
The Future of the Voting Rights Act: Lessons from the History of School (Re-)Segregation
Article
Prods and Pleas: Limited Government in an Era of Unlimited Harm
Essay
The Principle of Misalignment: Duty, Damages, and the Nature of Tort Liability
Note
The “Other” Side of Richardson v. Ramirez: A Textual Challenge to Felon Disenfranchisement
Article
Intersystemic Statutory Interpretation: Methodology as “Law” and the Erie Doctrine
Feature
Before (and After) Roe v. Wade: New Questions About Backlash
Comment
State Pension Deficits, the Recession, and a Modern View of the Contracts Clause
Article
From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases
Feature
Failure Is an Option: An Ersatz-Antitrust Approach to Financial Regulation
Review
The Common School Before and After Brown: Democracy, Equality, and the Productivity Agenda
Note
The Impact of Teacher Collective Bargaining Laws on Student Achievement: Evidence from a New Mexico Natural Experiment
Note
How To Review State Court Determinations of State Law Antecedent to Federal Rights
Note
Citizens Informed: Broader Disclosure and Disclaimer for Corporate Electoral Advocacy in the Wake of Citizens United
Comment
Indefinite Detention of Immigrant Information: Federal and State Overreaching in the Interpretation of 8 C.F.R. § 236.6
Collection
Tribute to Judge Stephen Reinhardt
In 1980, Stephen Reinhardt, a graduate of Yale Law School, joined the Ninth Circuit Court of Appeals. Thirty years later, The Yale Law Journal asked five distinguished contributors to reflect on the unique legacy that Judge Reinhardt crafted in his first thirty years on the bench.