The Yale Law Journal

Results for 'AW'

Forum: Law, Prison, and Double-Double Consciousness: A Phenomenological View of the Black Prisoner’s Experience

develop a special consciousness: they become aware of how whites see them from the other side of the glass. This consciousness acts as a mechanism

Dignity as a Value in Agency Cost-Benefit Analysis

derive monetary values for dignity from jury damage awards or settlements. Agencies would then implement the regulation only if monetized benefits

Forum: Concerted Arbitration

appealing to workers. Lower worker win rates and smaller awards mean that many employment claims are not worth pursuing in arbitration. And unlike the

Forum: Making History

integration, then Judge Lemley was acutely aware of public opposition to Brown and its integration mandate. As he recounted in his opinion, in the

“We Hold the Government to Its Word”: How McGirt v. Oklahoma Revives Aboriginal Title

confusion about the preclusive power of Indian Claims Commission (ICC) claims awards. Finally, this Note’s conclusion explores the possible Land Back

Disparate Limbo: How Administrative Law Erased Antidiscrimination

channel antidiscrimination claims away from the APA. Worse, courts have reflexively applied § 704 to oust civil rights claims, even after the Supreme

Introducing Independence to the Foreign Intelligence Surveillance Court

previous version of this Note was awarded Yale Law School’s Edgar M. Cullen Prize for the best paper by a first-year student and the Burton H. Brody

News: Courts Cite Volume 125 Forum Essay on Solitary Confinement

3rd Cir. 2017) considers whether the continued housing of inmates in death row solitary confinement while awaiting resentencing is a violation of the

Forum: Privacy and Security Across Borders

Commission (EC) finalized a two-year-long process addressing similar issues. On April 17, 2018, the EC unveiled its long-awaited legislative proposals

Civil Procedure

one-sided fee awards to evade judicial review in controversial areas like abortion and gun control. Litigants challenging such laws—and their