Yale Law Journal Public-Interest Fellowship Essays
In this Collection, the 2020-21 Yale Law Journal Public-Interest Fellows draw on their work experiences. The first Essay in this Collection argues that Congress can and should replace the existing state-law defamation regime with a federal defamation law.
The Case for a Federal Defamation Regime
This Essay argues that Congress can and should replace the existing state-law defamation regime with a federal defamation law. Doctrinally, a federal regime would better fit the modern, boundaryless digital-communications paradigm. Practically, it would benefit press organizations by ensuring their access to the federal courts in defamation cases.
Arbitration Asymmetries in Class Actions
Courts frequently deny class certification when confronted with “arbitration asymmetries”: cases where the class representative is not bound to arbitrate claims, but class members may be. The result? Courts enforce illegal or nonexistent arbitration agreements. To avoid such patent injustice, this Essay advances an alternate approach to arbitration asymmetries.