The Yale Law Journal


RECENT


Forum

Democracy’s Distrust: The Supreme Court’s Anti-Voter Decisions as a Threat to Democracy

“Democracy’s Distrust” explores how the Supreme Court has eroded voting rights and weakened democracy. It argues that the Court prioritizes candidates and legislatures over voters, fostering public distrust. The Essay examines historical and contemporary cases, highlighting the need for legislative reforms and civic action to protect democracy.

 

14 Apr 2025
Democratic LegitimacyElection LawVoting Rights

Collection

Decriminalizing Drugs

This Collection analyzes legal, social, and political dimensions of drug decriminalization in the context of current debates. The Essays explore issues related to state drug-policy reform, federal cannabis rescheduling, the separation of drug scheduling powers, and family separation in cases of parental drug use.

28 Mar 2025
Drug DecriminalizationDrug-Law Reform

Collection

Procedure, Fairness, and Access to Justice: Perspectives on Reform

This Collection examines the relationship between procedure and fairness. The Essays analyze rural criminal defense challenges, administrative rulemaking responsibilities, and the role of technology in improving access to justice. Together, they illuminate how procedural reform and technological integration might enhance fairness and responsiveness across diverse legal contexts.

14 Mar 2025
Access to JusticeAdministrative LawArtificial IntelligenceCivil ProcedureCriminal LawLaw and Technology

Forum

Should Tort Law Care About Police Officers?

Professors Ellen Bublick and Jane Bambauer argue that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including police. There is value in using civil enforcement to hold both civilians and officers accountable for the unjustified harms that they cause.

 

28 Feb 2025
Torts

Article

Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It

This Article offers the first legal history of the Comstock Act from its enactment to its post-Dobbs reinvention. From conflicts over Comstock’s enforcement emerged popular claims on democracy, liberty, and equality in which we can recognize roots of modern free-speech law and the law of sexual and reproductive liberty.

28 Feb 2025
Reproductive RightsLegal HistoryConstitutional Law

Article

The Plaintiff Police

In civil litigation, police most commonly appear as defendants. But police also act as plaintiffs, suing the individuals they police. This Article argues that these plaintiff police claims cause significant democratic harms and should be limited. Compensation and deterrence can be achieved through other, less politically corrosive mechanisms.

28 Feb 2025
TortsCivil ProcedureCivil-Rights Law


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