The Yale Law Journal

Media Coverage of Recent YLJ Scholarship

Brad Tennis
29 Mar 2011
A number of recent pieces of Yale Law Journal scholarship have received attention from legal commentators and the news media in the past several months. Below we have collected a sample of the coverage of three particularly interesting or timely pieces from recent issues of the Journal.

Benjamin A. Lindy, The Impact of Teacher Collective Bargaining Laws on Student Achievement: Evidence from a New Mexico Natural Experiment, 120 Yale L.J. 1130 (2011).

Benjamin Lindy's note has proven particularly timely given the ongoing debate about collective bargaining rights for public unions. The note uses the 1999 sunset and 2003 reauthorization of New Mexico’s public employee collective bargaining law to estimate the causal effect of teacher collective bargaining on student achievement. The note finds that mandatory teacher bargaining laws increase the performance of high-achieving students while simultaneously lowering the performance of poorly achieving students. After establishing this core empirical result, the note explores its implications for current trends in American education policy and for normative arguments about the role of teachers’ unions in public schools.

Ryan C. Williams, The One and Only Substantive Due Process Clause, 120 Yale L.J. 408 (2010).

Ryan Williams's article explores the nature and scope of the rights protected by the Due Process Clauses of the Fifth and Fourteenth Amendments. At the core of this debate is the question of whether these clauses should be understood to protect only “procedural” rights, such as notice and the opportunity for a hearing, or whether the due process guarantee should be understood to encompass certain “substantive” protections as well. An important though little explored assumption shared by participants on both sides of this debate is that the answer to the substantive due process question must be the same for both provisions. The article questions that assumption by separately examining the historical evidence regarding the original public meaning of the Due Process Clauses of both the Fifth and Fourteenth Amendments with a single question in mind: did the original meaning of each clause, at the time of its enactment, encompass a recognizable form of substantive due process?

Richard A. Posner, The Bluebook Blues, 120 Yale L.J. 850 (2011).

The Honorable Richard A. Posner, United States Court of Appeals for the Seventh Circuit, reviews The Bluebook: A Uniform System of Citation.