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Keeping the Promise of Public Fiduciary Theory: A Reply to Leib and Galoob | Yale Law Journal

but with the outcome of the fiduciary’s actions. And this is as it should be, he argues, because loyalty can arise only after a period of time (there is

A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983 | Yale Law Journal

with the most promising legal hook for abolishing qualified immunity. Despite a slew of academic refutations of the atextual and ahistorical common-law

Gender-Identity Protection, Trade, and the Trump Administration: A Tale of Reluctant Progressivism | Yale Law Journal

placed a lower priority on avoiding protections for sexual orientation and gender identity than did other actors within the Trump Administration. As we

How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes | Yale Law Journal

federal court has before it a case on alleged violations of the Clean Air Act, it would be advisory for the court to decide that the ACA is

A Legal Sanctuary: How the Religious Freedom Restoration Act Could Protect Sanctuary Churches | Yale Law Journal

motivate a return to an earlier consensus around accommodation as a means to protect systemically vulnerable groups and individuals in our society. author

Running the Government Like a Business”: Wisconsin and the Assault on Workplace Democracy | Yale Law Journal

as many as one in five U.S. workers who supports a union campaign as an “activist” is unlawfully fired for her efforts, and another puts the odds at

Democracy’s Distrust: The Supreme Court’s Anti-Voter Decisions as a Threat to Democracy | Yale Law Journal

explicitly and affirmatively guarantee this right. As Richard Hasen suggests in his comprehensive article advocating for a pro-voter approach

When Do Irreparable Benefits Matter? A Response to Douglas Lichtman on Irreparable Benefits | Yale Law Journal

polluter’s activity constitutes a nuisance, with the only unsettled issue whether an injunction or damages are the adequate remedy in the

When Marriage Is Too Much: Reviving the Registered Partnership in a Diverse Society | Yale Law Journal

assets between them, Burnalette was already almost seventy, and the money would not stretch far—a room in a nursing home runs about $90,000-$100,000

Making the No Fly List Fly: A Due Process Model for Terrorist Watchlists | Yale Law Journal

Making the No Fly List Fly: A Due Process Model for Terrorist Watchlists | Yale Law Journal Making the No Fly List Fly: A Due Process Model for Terrorist Watchlists