The Yale Law Journal

Legal History

Article

Petitioning and the Making of the Administrative State

Maggie McKinley

This Article traces the roots of the modern administrative state to the petition process, drawing on an original database of over 500,000 petitions submitted to Congress from the Founding until 1950. This institutional history provides a deeper functional and textual understanding of the administrat…

Review

The Original Theory of Constitutionalism

David Singh Grewal & Jedediah Purdy

The conflict between various versions of “originalism” and “living constitutionalism” has long defined the landscape of constitutional theory and practice. In this Review of Richard Tuck’s The Sleeping Sovereign, David Grewal and Jedediah Purdy adapt the sovereignty-government distinction at the hea…

Note

Publius and the Petition: Doe v. Reed and the History of Anonymous Speech

Chesa Boudin

120 Yale L.J. 2140 (2011). 

This Note argues that signatures on petitions intended for use in direct democracy processes such as ballot initiatives should be subject to public scrutiny and disclosure. They should not benefit from free speech protections allowing for anonymity. Signatures used in th…

Feature

Before (and After) Roe v. Wade: New Questions About Backlash

Linda Greenhouse & Reva B. Siegel

120 Yale L.J. 2028 (2011). 

Today, many Americans blame polarizing conflict over abortion on the Supreme Court. If only the Court had stayed its hand or decided Roe v. Wade on narrower grounds, they argue, the nation would have reached a political settlement and avoided backlash. We question this c…

Article

Federal Administration and Administrative Law in the Gilded Age

Jerry L. Mashaw

119 Yale L.J. 1362 (2010). 

The dominant story of America’s so-called “Gilded Age” describes an era of private excess and public corruption. In a rapidly industrializing society, private capital, in league with venal politicians, ran roughshod over a national state apparatus incapable of responding…

Article

The Politics of Nature: Climate Change, Environmental Law, and Democracy

Jedediah Purdy

119 Yale L.J. 1122 (2010). 

Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwi…

Comment

The Significance of Domicile in Lyman Trumbull's Conception of Citizenship

Mark Shawhan

119 Yale L.J. 1351 (2010).
 

Note

The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So

Michael Coenen

119 Yale L.J. 966 (2010). 

The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed i…

Essay

How Much Redistribution Should There Be?

Daniel Markovits

112 Yale L.J. 2291 (2003)

Egalitarianism ties people's fortunes together. It takes the good and bad things in people's lives--their blessings and their afflictions--and shares them out, or redistributes them, among their fellows. Where egalitarianism operates, each person's fortunes and misfortunes c…

Essay

The Secret History of Race in the United States

Daniel J. Sharfstein

112 Yale L.J. 1473 (2003)

In the beginning, there was a man named Looney. George Looney's world was Buchanan County, Virginia, a pocket of Appalachian hills and hollows that juts into Kentucky and West Virginia. In 1911, his place in this world was secure. Where lumber was the only industry in town, …

Review

Friedman's Law

Michael E. Parrish

112 Yale L.J. 925 (2003)

In this appraisal of Lawrence M. Friedman's American Law in the Twentieth Century, I begin in Part I with a survey of the several "schools" of American legal history that have risen to prominence in the years since World War II, utilizing a suggestive framework first offered …