Yale Law Journal

Reversed on Appeal: The Uncertain Future of President Obama’s “Empathy Standard” | Yale Law Journal

President Obama’s “Empathy Standard” Words have a way of coming back to haunt you, especially those you bother to print. Just ask Elena Kagan. In a 1995

Beating Rubber-Stamps into Gavels: A Fresh Look at Occupational Freedom | Yale Law Journal

freedom again in Truax v. Raich, explaining that “the right to work for a living . . . is of the very essence of the personal freedom and opportunity

Under Political Pressure: How Courts and Congress Can Help Prosecutors Seek Justice | Yale Law Journal

incentive to appease elected officials, and politicians have sought to use the immense power of criminal prosecution for partisan political ends. This Essay

On Evidence: Proving i Frye /i as a Matter of Law, Science, and History | Yale Law Journal

attempt to establish Frye’s whereabouts on the night of the murder. Frye maintained that he had been at the home of a woman named Essie Watson in the

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

This essay is part of a collection Decriminalizing Drugs This Collection analyzes legal, social, and political dimensions of drug decriminalization

Who Chooses and Who Gets What: Efficient Breach and Efficient Performance Hypotheses | Yale Law Journal

conclude that those particular rights and remedies are required for efficiency. The purpose of my essay, , is to argue against this temptation

Statutory Ambiguity in i King v. Burwell /i : Time for a Categorical i Chevron /i Rule | Yale Law Journal

enrolled in through an exchange established by the State.” Does this language permit the issuance of subsidies for taxpayers enrolled through exchanges

Political Wine in a Judicial Bottle: Justice Sotomayor’s Surprising Concurrence in i Aurelius /i | Yale Law Journal

This essay is part of a collection The I Insular Cases /I in Light of I Aurelius /I Over 120 years after YLJ published its first piece on the Insular

The Principle of Misalignment: Duty, Damages, and the Nature of Tort Liability | Yale Law Journal

Group Harms in Antiterrorism Efforts: A Pervasive Problem with No Simple Solution | Yale Law Journal

antiterrorism context, uncertainty is inevitable, and the costs of that uncertainty will fall especially harshly on Muslim Americans. Muslims will be

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