The Yale Law Journal



Equity’s Constitutional Source

Owen W. Gallogly

This Article uncovers the federal equity power’s constitutional source. It argues that, as originally understood, Article III vests the federal courts with inherent power to grant equitable remedies and to adapt the federal system of equity in ways beyond what the Supreme Court’s current cramped, st…


The Constitution as a Source of Remedial Law

Carlos M. Vázquez

This Essay responds to Owen Gallogly’s Equity’s Constitutional Source.  It argues that it is implausible to locate the federal courts’ authority to afford equitable relief in Article III, but it defends a constitutional default rule applicable to legal as well as equitable remedies having its source…


Partisanship, Remedies, and the Rule of Law

Aziz Z. Huq

This Essay responds to Don R. Willett and Aaron Gordon’s Review of The Collapse of Constitutional Remedies.  I show that Willett and Gordon inaccurately describe Collapse’s main argument; offer an internally inconsistent critique; and fail to understand key terms such as judicial independence and th…


Rights, Structure, and Remediation

Don R. Willett & Aaron Gordon

In The Collapse of Constitutional Remedies, Aziz Huq contends federal courts exacerbate societal inequities by overzealously enforcing constitutional limits on government regulation while neglecting individual-rights violations. Though some of Huq’s criticisms are spot-on, others are overstated, and…


Reflective Remedies

Mitchell Chervu Johnston

When the law’s requirements are uncertain, potential remedies for a violation of the law influence how actors behave within that zone of uncertainty. This Note proposes a new class of remedies to handle such problems. It argues that “reflective remedies” encourage socially optimal behavior when cert…


Making Black Lives Matter: Properly Valuing the Rights of the Marginalized in Constitutional Torts

Helen E. White

Black lives are systematically undervalued by constitutional enforcement remedies. Courts and scholars have unquestioningly adopted tort law’s corrective-justice scheme for § 1983 suits. But corrective justice is unsatisfactory in a context where the government and private parties frequently interac…