The Yale Law Journal

Bernadette Meyler

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The Majoritarian Difficulty

Bernadette Meyler

Many recent Supreme Court attacks on the administrative state have been rooted in an asserted effort to increase democratic accountability, or accountability to elected officials, whether the President or Congress. This approach neglects how the Constitution makes available a broader account of demo…

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Religious Expression in the Balance: A Response to Murad Hussain's Defending the Faithful

Bernadette Meyler

In the aftermath of September 11, 2001, the government has adopted a number of counterterrorism measures that burden Muslim-Americans’ religious practices. Murad Hussain’s Note attempts to overcome the doctrinal obstacles facing individuals’ pursuit of legal claims against these measures. Bec…