The Yale Law Journal

Results for 'law'

Forum: Postmortem Rights of Publicity: The Federal Estate Tax Consequences of New State-Law Property Rights

Legislators, proponents of these laws, and legal commentators have overlooked two significant federal estate tax consequences of these new state law

Stare Decisis and Secret Law: On Precedent and Publication in the Foreign Intelligence Surveillance Court

in myriad ways from the lawmaking function of the executive branch, where stare decisis norms do not play the same role in generating law. Most

Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond

Yale Law Journal - Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond

The Law of Nations and the Offenses Clause of the Constitution: A Defense of Federalism

Yale Law Journal - The Law of Nations and the Offenses Clause of the Constitution: A Defense of Federalism

State Courts, Citizen Suits, and the Enforcement of Federal Environmental Law by Non-Article III Plaintiffs

Yale Law Journal - State Courts, Citizen Suits, and the Enforcement of Federal Environmental Law by Non-Article III Plaintiffs State Courts, Citizen

The Law of Describing Accidents: A New Proposal for Determining the Number of Occurrences in Insurance

Yale Law Journal - The Law of Describing Accidents: A New Proposal for Determining the Number of Occurrences in Insurance The Law of Describing Accidents: A New Proposal for ...

Aurelius’s Article III Revisionism: Reimagining Judicial Engagement with the Insular Cases and “The Law of the Territories”

Yale Law Journal - Aurelius’s Article III Revisionism: Reimagining Judicial Engagement with the Insular Cases and “The Law of the Territories

Forum: “There Is No Such Thing as an Illegal Strike”: Reconceptualizing the Strike in Law and Political Economy

practice,” its violation of labor law (but not other laws). A host of reasons that workers might want to protest are unprotected—Minneapolis bus

Forum: “Safety, in a Republican Sense”:Trump v. United States, Democracy, and an Antisubordination Theory of the Criminal Law

even blind to any contrary relationship between the criminal law and the President’s status. It was dedicated to “applying the criminal laws equally to

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

more that the law should take into account. But because our laws treat children “as lesser versions of adult,” those interests are eclipsed. In