The Yale Law Journal

Legal Philosophy

Article

The Claims of Official Reason: Administrative Guidance on Social Inclusion

Blake Emerson

Under the Trump Administration, the legal validity of Obama-era administrative guidance on social inclusion has been the subject of ongoing contest. This Article draws on the philosophy of law to argue that these policies were issued in a procedurally lawful manner and that they have induced legally…

Essay

Why Is It Wrong To Punish Thought?

Gabriel S. Mendlow

It is an age-old maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, and unexecuted intentions. Yet its justification is something of a mystery. This Essay argues that each of the prevailing justifications is deficient and propo…

Review

Brief Lives

Laura Kalman

In this Review of Owen Fiss’s book, Pillars of Justice: Lawyers and the Liberal Tradition, Laura Kalman explores Fiss's views on the legal figures appearing in the book. In addition, Kalman discusses the criticisms of Brown v. Board of Education and legal liberalism that are missing in Fiss’s accoun…

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…

Review

The Best Laid Plans

Frederick Schauer

120 Yale L.J. 586 (2010).