The Yale Law Journal

Results for 'The'

In the Shadow of Marriage: Single Women and the Legal Construction of the Family and the State

Yale Law Journal - In the Shadow of Marriage: Single Women and the Legal Construction of the Family and the State

The Modification of Decrees in the Original Jurisdiction of the Supreme Court

are sovereigns and their representatives: states; the United States; and in theory—though no longer in practice—ambassadors, public ministers, and

The Arc of the Pendulum: Judges, Prosecutors, and the Exercise of Discretion

Yale Law Journal - The Arc of the Pendulum: Judges, Prosecutors, and the Exercise of Discretion

The Internet and the Dormant Commerce Clause

Yale Law Journal - The Internet and the Dormant Commerce Clause

Forum: Why Rely on the Fourth Amendment To Do the Work of the First?

effect” in physics. Unobserved, a citizen’s thoughts—like particles—follow their own path. But the more closely watched they become, the more their

Forum: Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court

They argue that if the mandate is not a tax, it therefore becomes an exercise of the commerce power, and so it is unconstitutional. But then they go

Forum: The Taxing Power, The Affordable Care Act, and the Limits of Constitutional Compromise

incomes pay different tax. Are these deviations from the constitutional definition of “income,” thereby requiring apportionment, or are they instead

Forum: Memorandums to Messages: The Evolution of FOIA in the Age of the Internet

the Internet age there has been an explosion of electronic records, particularly email messages, which by their very volume have sometimes challenged

Forum: The Law of the Territories: Should It Exist?

” even if they do little to ameliorate it. Accordingly, the Law of the Territories appears headed for a coherence trap: traditional theoretical

Forum: IP Essentialism and the Authority of the Firm

it is striking that the fundamental theme of the debate—inducing economic growth—is not central to the movement’s internal self-legitimation. In this