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Administrative Law and International Commitments
How do bureaucratic incentives shape how an agency implements international law? This Collection provides a window into the agency decisionmaking process that occurs after international commitments have already been made. Agencies’ choices in the foreign distilled spirits and detainee interrogation context reveal the many considerations at play.
26 Oct 2020
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Yale Law Journal Public-Interest Fellowship Essays
In this Collection, the 2019-20 Yale Law Journal Public-Interest Fellows draw on their work experiences. They present a novel approach to tackling inaccurate population data in malapportionment litigation; argue that criminal-defense attorneys and judges must convey the denaturalization consequences of plea deals; and explore New York City’s undercollection of fines.
20 Oct 2020
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A Tribute to Charles Reich
Charles Reich—a beloved law professor, writer, and visionary—passed away on June 15, 2019. This Collection explores his rich life and legacy in the law and shares some of his unfinished, previously unpublished work.
16 Mar 2020
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Challenges to Self-Determination in the Twenty-First Century
What does self-determination mean in the twenty-first century? This Collection explores the connection between the new international economic world order and self-determination, expounds upon the difficulties that climate change poses for peoples who seek self-determination, and proposes a multinational conception of self-determination to replace the traditional understanding of the concept.
24 Feb 2020
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National Emergencies
On February 15, 2019, President Trump declared a national emergency at the southern border, sparking a renewed debate on the powers granted to the President in the National Emergencies Act. This Collection considers the use of emergency powers in the United States and delves into potential checks on their invocation.
15 Feb 2020
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2019 Yale Law Journal Student-Essay Competition
The Essays that won the third annual Yale Law Journal Student-Essay Competition each raise concerns with recent developments in immigration law. They are Zachary New’s Ending Citizenship for Service in Forever Wars and Elizabeth Montano’s The Rise and Fall of Administrative Closure in Immigration Courts.
12 Feb 2020
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The Nineteenth Amendment at 100
The Nineteenth Amendment’s ratification in 1920 granted women the right to vote, but fell short of broader gender-equity goals. This Collection explores the suffrage movement’s goals, intersectional voices, and differences from other movements in the United States and abroad. This rich history provides important lessons on the Amendment’s Centennial.
20 Jan 2020
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Excessive Fines and Punishments
This Collection considers the implications of the Supreme Court’s decision in Timbs v. Indiana. It discusses the emergence of an anti-ruination principle for punishment, the suitability of the Excessive Fines Clause’s “gross proportionality” standard, and the development of a forfeiture jurisprudence that would inquire into individual and familial hardship.
03 Jan 2020
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Yale Law Journal Public-Interest Fellowship Essays
In this Collection, the 2018-19 Yale Law Journal Public-Interest Fellows draw from their on-the-job experiences. They show how New York locks up poor, disabled sex-offender registrants beyond their sentences; long detention is used to deter immigrants in historically anomalous ways; and students face obstacles when seeking to vote.
25 Nov 2019
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Election Reform
As the first bill introduced in the current Congress, H.R. 1 seeks to revamp our democracy through sweeping electoral reforms. This Collection critiques small-donor-based public financing, argues for legislation mandating Election Day registration, and defends H.R. 1’s constitutionality based on Congress’s broad authority to regulate federal elections.
18 Nov 2019
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2018 YLJ Essay Competition
In 2018, the Yale Law Journal held an essay competition focused on emerging legal problems and challenges in health law, broadly conceived. This year’s winners are Anthony Albanese (The Past, Present, and Future of Section 1115: Learning from History to Improve the Medicaid-Waiver Regime Today), Kyle Edwards (Good and Bad...
08 Apr 2019
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The Future of Privacy Law
Rapid technological change has led some to question whether modern Fourth Amendment doctrine appropriately protects individual privacy. This Collection considers that question across four domains: warrantless electronic surveillance, border searches, law enforcement cross-border data access, and civil litigation in the absence of a comprehensive data-protection regime.
01 Apr 2019
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Critical Voices on Criminal Justice: Essays from Directly Affected Authors
People who have experienced incarceration have unique insights into the criminal system—insights that are often missing from legal scholarship and criminal justice policy. This Collection begins to bridge that gap.
25 Feb 2019
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Korematsu in the Court of History: Seventy-Five Years Later
2019 marks seventy-five years since the Supreme Court handed down its opinion in Korematsu v. United States. This Collection examines Korematsu's legacy for national security law, race, and equal protection, and explores what Korematsu means today in light of its formal overruling in Trump v. Hawaii.
30 Jan 2019
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Reflections on the 2017 Tax Act
The 2017 Tax Act, sometimes called the Tax Cuts & Jobs Act, has been heralded by some as historic reform and by others as Armageddon. This Collection analyzes the Act, exploring the process by which it was passed, the values that undergird its policies, and how specific provisions will affect...
25 Oct 2018
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An Exchange on the Draft Restatement (Third) of Conflict of Laws
The American Law Institute is currently engaged in drafting a new restatement on the subject of Conflict of Laws. In this exchange, Lea Brilmayer & Daniel B. Listwa debate the merits of the new restatement with Kermit Roosevelt III & Bethan R. Jones.
22 Oct 2018
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#MeToo and the Future of Sexual Harassment Law
The #MeToo movement has prompted a national dialogue about sexual harassment. This Companion Collection, launched in collaboration with the Stanford Law Review, aims to draw lessons from the #MeToo movement for activists, scholars, policymakers, lawyers, and judges. Across the two journals, the Collection offers twelve scholars’ insights on the ways...
18 Jun 2018
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Responses to Unlocking Antitrust Enforcement
Lina Khan, Sandeep Vaheesan, and Aaron Edlin respond to Unlocking Antitrust Enforcement.
04 Jun 2018
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Unlocking Antitrust Enforcement
There is no antitrust law without antitrust law enforcement. Unlocking Antitrust Enforcement contends that existing tools to advance antitrust enforcement are well-suited to confront today’s U.S. antitrust challenges. Primarily focused on efforts by the federal antitrust agencies, these Features lay the foundation for an overarching enforcement agenda.
24 May 2018
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Responses to Anne C. Dailey and Laura A. Rosenbury’s The New Law of the Child
Cheryl Bratt and Martin Guggenheim respond to The New Law of the Child.
30 Apr 2018