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The Lost English Roots of Notice-and-Comment Rulemaking
Yale Law Journal - The Lost English Roots of Notice-and-Comment Rulemaking The Lost English Roots of Notice-and-Comment Rulemaking abstract. Notice-and-comment rulemaking is arguab
Turning Square Corners: Regents and Arbitrary-and-Capricious Review’s Distributional Stakes
Yale Law Journal - Turning Square Corners: Regents and Arbitrary-and-Capricious Review’s Distributional Stakes Turning Square Corners: Regents and Arbitrary-and-Capricious Review’s
Does Pharma Need Patents?
Yale Law Journal - Does Pharma Need Patents? Does Pharma Need Patents? abstract. Pharmaceuticals is the sector most widely thought to be in need of strong patent protection in orde
A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983
Yale Law Journal - A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983 A Textualist Response to Two Texts: Positive-Law Codification and Int
Disestablishment at Work
Yale Law Journal - Disestablishment at Work Disestablishment at Work abstract. Across the country, courts are inundated with employee claims for religious accommodation. These clai
Establishment Clause
The Yale Law Journal - Establishment Clause Establishment Clause Article After several decades, the Supreme Court has revised its interpretation of employment-discrimination law re
James D. Nelson
The Yale Law Journal - James D. Nelson James D. Nelson Article After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring re
Rephael G. Stern
The Yale Law Journal - Rephael G. Stern Rephael G. Stern Article Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of Americ
Grace Sullivan
The Yale Law Journal - Grace Sullivan Grace Sullivan Note Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted
William Vester
The Yale Law Journal - William Vester William Vester Note After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the e