The Yale Law Journal

Results for 'bd cato system'

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

systematically maintained, but one of the better indices is the Cato Institute’s “Battle Map” of public-school civil-liberties controversies

Forum: Getting Beyond Ad Hoc Fiscal Federalism: A Proposal for a Default Federal Liquidity Facility for the States

aid the states during crises. The current system, which makes it hard for the states to borrow during an economic emergency, protects too much against

Forum: State Implementation of the Electoral Count Reform Act and the Mitigation of Election-Subversion Risk in 2024 and Beyond

subversion must depend on state law. Despite their primacy in our electoral system, there is, as Miriam Seifter has pointed out, “not much scholarship

Open Access, Interoperability, and DTCC’s Unexpected Path to Monopoly

Unnatural Monopoly: Critical Moments in the Development of the Bell System Monopoly, 14 Cato J. 267, 267 (1994) (“Most legislators, academics, and many

Forum: The “Bounds” of Moore: Pluralism and State Judicial Review

whatever its merits in the federal system, that narrow version of textualism is not required based on the structural features of state systems. There

Forum: Courts in the Age of Dysfunction

The nation’s political system seems completely incapable of solving, or even grappling with, its most pressing problems. Washington policymakers seem

Agency Enforcement of Spending Clause Statutes: A Defense of the Funding Cut-Off

of taking a hard line on enforcement, or value acting in collusion with state or local grantees against other recalcitrant players in the system

Forum: Business Licensing and Constitutional Liberty

more stringent review is being pushed to expand more broadly into economic affairs. These shifts raise deep questions about our constitutional system

Forum: Individualized Exemptions, Vaccine Mandates, and the New Free Exercise Clause

’ reasons for turning down available work and evaluates secular reasons, but not some religious reasons, as “good cause,” that scheme constitutes a “system

Title VII’s Statutory History and the Sex Discrimination Argument for LGBT Workplace Protections

a genuine merit-based system would undermine the operation of prejudices and stereotypes that hold back women and minorities from equal opportunities