The Yale Law Journal

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Forum: Black Progressivism and the Progressive Court

Americans across both race and class. This Essay traces some of these themes in four important texts of the Black Progressive Era: Thomas Fortune’s Black

Forum: Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine

authority to Congress, arguing that they instead arrogate these choices to the least accountable branch: the judiciary. This is not to say that Justice

Forum: Policing Work Boundaries on the Cloud

underscore the importance of defining the scope of “work.” The rules require that employees receive no less than one and half times their regular rate

Forum: The Denaturalization Consequences of Guilty Pleas

disclose their criminal conduct. This Essay presents a novel legal theory to protect the Sixth Amendment and due-process rights of those facing

Forum: How Conflict Entrenched the Right to Privacy

There can be little doubt that thThe Tenth Circuit also looks to Griswold to rebut the argument that the purpose of marriage is pro… Burwell v

Forum: The Individual Sector: A Book Proposal

plants, animals and the atmosphere cannot think and speak for themselves and therefore are unable to make the same mistakes of blaming each other that we

Forum: The Insidious War Powers Status Quo

which this piece is in dialogue, falls somewhere between these poles, but it ultimately views the modern status quo as less dangerous than

Forum: The Justice as Commissioner: Benching the Judge-Umpire Analogy

This Essay is divided into three parts. The first Part traces the judicial history of the judge-umpire analogy from the late 1880s, finding that the

Forum: Unpacking the Household: Informal Property Rights Around the Hearth

conversely, all in one huge household? How do household members obtain the rules that govern their relationships and what sorts of rules are they

Congressional Intervention in Agency Adjudication: The Case of Veterans’ Appeals

of dollars and thousands of hours into lobbying agencies on their constituents’ behalf. We ask whether all that effort matters—and, given the