The Yale Law Journal

Results for 'The'

Forum: The Stakes of the Supreme Court’s Pro-Corruption Rulings in the Age of Trump: Why the Supreme Court Should Have Taken Judicial Notice of the Post-January 6 Reality in Percoco

in the Supreme Court’s 2023 decision in Percoco, there is a similar unspeakable thing unspoken: namely, the corrupt actions of then-President Trump

Forum: The Trump Administration and the Breakdown of Intra-Executive Legal Process

enjoinment of their enforcement. The process-based criticisms at the core of these adverse court decisions are essentially self-inflicted wounds. They

Forum: AEP v. Connecticut and the Future of the Political Question Doctrine

prudentially left to them. The Supreme Court then agreed to consider whether the doctrine precludes judicial review altogether. the Supreme Court

Forum: The Paradox of Retrogression in the New VRA: Comment on Persily

they do not diminish the number of minority opportunity districts. The minority population of these districts could go below fifty percent as long as

Forum: Repack the Household: A Response to Robert Ellickson’s Unpacking the Household

production. Ellickson’s theme is that households can be “unpacked” in the sense that they can be restricted to a real estate dimension: he defines the

Forum: The Promise and Pitfalls of the New Voting Rights Act (VRA)

altering the geographic scope of section 5 of the VRA (which requires covered jurisdictions to obtain federal preclearance before amending their voting

Forum: The Separation of National Security Powers: Lessons from the Second Congress

checks provide strong evidence that these checks were not viewed at the Founding as raising serious constitutional concerns. If anything, they were seen

Forum: What About #UsToo?: The Invisibility of Race in the #MeToo Movement

only communicating to women that they have no place holding the job or jobs in question, but also denigrating their very ability to perform the job’s

Forum: The History of History and Tradition: The Roots of Dobbss Method (and Originalism) in the Defense of Segregation

that “f rights were defined by who exercised them in the past, then received practices could serve as their own continued justification and new groups

Forum: Top-Down or from the Ground?: A Practical Perspective on Reforming the Field of Children and the Law

this current framework in their article, The New Law of the Child. They advance a “new paradigm for describing, understanding, and shaping children’s