The Yale Law Journal

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134

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

Fragile Gains, Persistent Setbacks: The Muddled Arc of American Drug-Law Reform

Ifetayo Harvey

Ifetayo Harvey explores the foremost drug reform issues by giving a broad overview of the Essays in this Collection. Harvey uses Oregons Measure 110 as an example of drug reforms challenges when implemented on a state level. The piece concludes with guidance on how advocates can improve future drug reforms.

28 Mar 2025

Decriminalizing Cannabis

Jennifer D. Oliva

The United States has criminalized cannabis since 1970. In response to pleas for reform and widespread state cannabis legalization, the federal government recently initiated rulemaking to reschedule cannabis. This Essay argues that the federal government should abandon its legally problematic rescheduling proposal and, instead, decriminalize and deregulate cannabis.

28 Mar 2025

Separation of Drug Scheduling Powers

Mason Marks

Congress split drug scheduling authority between the Department of Health and Human Services and the Drug Enforcement Administration. However, this statutory separation of powers has collapsed, producing unscientific outcomes that undermine the CSA text, purpose, and history. Congress, courts, agencies, and the President can shift drug scheduling back on track.

28 Mar 2025

Deinstitutionalizing Family Separation in Cases of Parental Drug Use

Taleed El-Sabawi & Sarah Katz

Through an institutional theory lens, this Essay examines how the family policing system’s historical emphasis on punishment and surveillance resists even well-intentioned legislative changes. Despite the inclusion of family-centered services in recent legislation, implementation barriers and institutional inertia within family policing agencies perpetuate default practices of policing and removal. 

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

Interoperable Legal AI for Access to Justice

Drew Simshaw

This Essay argues that technological and procedural legal interoperability—that is, widespread consistency in legal technology design and related processes—can help stakeholders effectively leverage artificial intelligence to maximize access to legal services and fairness of outcomes through self-help options, with traditional legal services, and in the courts.

14 Mar 2025

The Duty to Respond to Rulemaking Comments

Ronald M. Levin

This Essay examines the legal basis for the requirement that agencies must respond to significant comments they receive during a rulemaking proceeding, the pros and cons of that requirement, and how the requirement fits together with other principles of administrative law, including procedural fairness and standing to sue.

14 Mar 2025

Legal Deserts and Spatial Injustice: A Study of Criminal Legal Systems in Rural Washington

Lisa R. Pruitt, Jennifer Sherman & Jennifer Schwartz

This Essay uses a mixed-methods study to sketch operation of criminal legal systems in several rural counties in central and eastern Washington.  The study reveals how an attorney shortage, along with reliance on local funding of justice system functions, is leaving defendants vulnerable to delays and ineffective assistance of counsel. 

14 Mar 2025

Lawyers’ Monopoly and the Promises of AI

Stephanos Bibas

Access to justice in American civil courts won’t come through free or pro bono lawyers. To drive down costs, we need to loosen bar regulation and streamline procedures. And we should embrace technology and AI responsibly to give more people the legal help they need but can’t afford.

28 Feb 2025

Should Tort Law Care About Police Officers?

Ellen M. Bublick & Jane R. Bambauer

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.

Collection

Eighth Annual Student Essay Competition

This Collection features the winners of the annual Yale Law Journal Student Essay Competition. This year’s topic was “Emerging Issues in Criminal Law.” The three winning Essays explore a range of timely criminal-law matters, including honest services fraud, racial discrimination in jury selection, and habeas corpus.

27 Feb 2025

Guaranteeing Honesty: Rewiring Honest Services Fraud Under the Guarantee Clause

Brian Liu

Honest services fraud is a vital anticorruption statute used by federal prosecutors to police state and local corruption. However, the statute’s undefined terms and perceived intrusions on federalism have invited scrutiny from the Supreme Court. To redress these concerns, courts should interpret the statute to require a predicate state-law violation.

27 Feb 2025

Equal Standards for Equal Protection: Revisiting Race Discrimination in Jury Selection After SFFA

Avital Fried

In its decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard, the Supreme Court appeared to take a new approach to what constitutes a Fourteenth Amendment violation. This Essay argues that the new standard should be applied to reduce race discrimination in jury selection. 

27 Feb 2025

Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law

Adam Horn

This Essay argues for reconceiving habeas corpus as a meaningful avenue for judicial power to push back against arbitrary executive power, and proposes a surprising source for this revival: Justice Scalia’s attack on the Sentencing Guidelines. Texas’s capital murder statute is proposed as ripe for such reinvigorated habeas review.

25 Feb 2025

On the Perpetuation of Our Constitution and Civic Charity

Thomas B. Griffith

We live in perilous times, where acrimony and contempt poison our republic. But as others have long recognized—from Washington to Lincoln to current observers—there is an antidote: civic charity. It has helped heal our nation in some of our most difficult times; it can do so again.

Collection

Yale Law Journal Public Interest Fellowship Essays

This Collection features Essays from the 2023-2024 Yale Law Journal Public Interest Fellows. The Fellows share reflections on their experiences working in public service at Legal Action Chicago and the National Center for Law and Economic Justice.

21 Feb 2025

A New “Plan for Transformation”: Improving Living Conditions in Chicago’s Public Housing

Psalm Brown

Public housing suffers from disinvestment, and, today, many residents live in substandard conditions. By combining the literature on public-housing history and tenant-rights law with the lived experiences of public-housing residents, this Essay uses Chicago as a case study to explore litigation and other advocacy strategies for systematically improving public-housing quality.

21 Feb 2025

New Technologies, Old Rights: Litigating Public-Benefits Modernization

Susannah Howe

This Essay explores public-benefits agencies’ increasing reliance on technology and remote services and its impact on welfare-rights litigation. The Essay argues that the lack of direct regulation of these practices threatens benefits access. However, creative impact litigation is still a powerful tool for enforcing benefits recipients’ rights. 

Collection

Colonial Legacies and Contemporary Legal Challenges in the U.S. Territories

This Collection critically examines legal issues in the U.S. territories and explores pathways for reform. These four Essays challenge the emerging “Law of the Territories” framework, document the ABA’s discrimination against territorial lawyers, address reproductive and economic injustices rooted in colonialism, and analyze Congress’s historical role in territorial taxation.

10 Feb 2025

The Law of the Territories: Should It Exist?

James T. Campbell

“The Law of the Territories” is an emerging academic heading for legal scholarship on the status of U.S. territories. This Essay argues that the current momentum of this narrow “emerging field” presents an obstacle rather than a pathway to meaningful scholarly engagement, sidelining broader perspectives and more consequential inquiry.

10 Feb 2025

A Legacy of Discrimination: A Brief History of U.S. Territories in the American Bar Association

Anthony M. Ciolli

The American Bar Association (ABA) has done much to remedy its history of racial discrimination.  However, to this day, the ABA systematically discriminates against lawyers in four overwhelmingly nonwhite U.S. territories. This Essay examines the history of this discrimination and proposes a potential way forward to remedy it.

10 Feb 2025

Intersectional Imperial Legacies in the U.S. Territories

Susan K. Serrano

Women in the U.S. territories experience particularized harms often rooted in U.S. colonization and the territories’ political relationship with the United States. This Essay describes how traditional legal frameworks can sharply constrict available remedies and sketches the contours of a rational-basis-with-bite framework for assessing intersectional harms and legacies.

10 Feb 2025

The Origins of U.S. Territorial Taxation and the Insular Cases

Alex Zhang

This Essay examines Congress’s design of territorial revenue systems during 1898-1900. Eager to protect the federal fisc, lawmakers instituted tariffs between Puerto Rico and the mainland.  Their choices segregated the territories from the federal fiscal apparatus, prompted the Insular Cases, and created the territories’ distinct tax status as foreign countries.

Collection

Reimagining and Empowering the Contemporary Workforce

This Collection explores how to better protect workers against the harms of an expanding gig economy and an increasingly automated workplace. It offers three distinct and interconnected perspectives on the legal, regulatory, and policy interventions that could empower workers to navigate the shifting landscape with flexibility, security, and dignity.

31 Jan 2025

Gig-Economy Myths and Missteps

Sarah M. Levine

This Essay disputes the myth that employment, unlike independent contracting, is inherently inflexible. It traces the roots of this widely shared belief to corporate propaganda and rejects “third-category” legislation based on this fiction. Finally, the Essay cautions labor enforcers to avoid the third-category sham in negotiated misclassification settlements.

31 Jan 2025

AI and Captured Capital

Ifeoma Ajunwa

An AI arms race and a laissez-faire approach to globalization enable a borderless labor market without labor protections and the capture of workers’ capital. Proposed redress includes: (1) workers’ data as stake capital, (2) a data-licensing regime, and (3) a guaranteed income fund organized by the International Labor Organization.

31 Jan 2025

Data Laws at Work

Veena Dubal

Recognizing harms arising from the growing use of automated systems for labor control, the European Union (EU) has passed an array of digital-rights protections for workers. This Essay argues that the EU framework fails to account for the formal subordination of workers and proscribe the harms of algorithmic labor control.

17 Jan 2025

Copyright, Meet Antitrust: The Supreme Court’s Warhol Decision and the Rise of Competition Analysis in Fair Use

Christopher Jon Sprigman

In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court noted that whether defendant’s work competes with plaintiff’s is a key element of the fair-use analysis. This Essay argues that antitrust law offers valuable guidance for assessing competition in copyright law. 

14 Jan 2025

A Legislative Response to 303 Creative

Ian Ayres & Jennifer Gerarda Brown

States should respond to the U.S. Supreme Court’s 303 Creative decision by enacting implied warranties of nondiscrimination. Making nondiscrimination a publicly disclaimable default would facilitate informed consumer choice and mitigate the dignitary harms of point-of-sale discrimination.

13 Jan 2025

The Politics and Perverse Effects of the Fight Against Online Medical Misinformation

Evelyn Douek

Platforms’ content moderation of medical misinformation has become one of this era’s biggest political controversies. This Essay traces how platforms’ choices during the COVID-19 pandemic became so politicized, and how the category “medical misinformation” cannot be used to skirt important questions about the legitimacy of platform power over public discourse.

22 Nov 2024

AI and the Sound of Music

Edward Lee

Today, AI enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress should respond to AI’s seismic disruptions to the music industry based on the principles of technology neutrality, expansive authorship, and rebalancing of copyright.

14 Nov 2024

Bind Us Together: Coalitional Public Policy Advocacy in Medical-Legal Partnerships

James Bhandary-Alexander & Dina Shek

The Medical-Legal Partnership (MLP) model promotes direct services and public policy advocacy by lawyers incorporated into medical teams. Drawing on personal experiences, this Essay proposes that to accomplish policy change, MLP practitioners organize and be organized into community coalitions built and maintained around a robust vision of health justice. 

Forum Exchange

United States v. Rahimi: Race, Gender, and an Evolving Second Amendment

In this Exchange, Daniel S. Harawa and Michael R. Ulrich examine the implications of United States v. Rahimi for the future of Second Amendment rights. Together, these pieces reveal how Rahimi exposes deep tensions and inconsistencies within the Roberts Court’s Second Amendment jurisprudence.

12 Nov 2024

Between a Rock and a Gun

Daniel S. Harawa

The Roberts Court has methodically expanded the scope of Second Amendment rights. But in its first Second Amendment case involving a criminal defendant, United States v. Rahimi, the Court blinked. This Essay explores the implications of that decision.

12 Nov 2024

The Second Amendment’s Second Sex

Michael R. Ulrich

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.

28 Oct 2024

Against Ventriloquizing Children: How Students’ Rights Disguise Adult Culture Wars

Rita Koganzon

This Essay argues against the pursuit of students’ rights, which function mainly as a smokescreen behind which adults have advanced their own partisan agendas in our culture wars. Independent rights for students are both theoretically untenable and politically damaging to our liberal democracy.

25 Oct 2024

“Safety, in a Republican Sense”:
Trump v. United States, Democracy, and an Antisubordination Theory of the Criminal Law

Jacob Abolafia

Democratic governance requires holding the powerful to account. This Essay therefore proposes a broad antisubordination theory of the criminal law which grapples directly with disparities in power, rather than obscuring them under the guise of formal equality. Neither formal equality nor its alternative, prison abolitionism, can adequately protect democracy.

27 Sep 2024

The Effects of 401(k) Vesting Schedules—in Numbers

Samantha J. Prince, Timothy G. Azizkhan, Cassidy R. Prince & Luke Gorman

In 2022, over 1.87 million Americans ceased employment before satisfying their employer’s 401(k) plan vesting schedule, causing them to forfeit nonvested employer contributions. This Essay uses data to demonstrate the effects of using vesting schedules and highlights companies who had the most affected workers or amassed significant forfeitures in 2022.

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