The Yale Law Journal

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Repairing the Irreparable: Revisiting the Federalism Decisions of the Burger Court

… See Letter from Betty C. Barbe, Emp., City of Perrysburg, Ohio, to Justice Harry A. Blackmun (July… See S. Rep. No. 99-159 (1985) (on file with

The Constitutionality of Civil Forfeiture

fact that people often must file timely claims in order to trigger judicial proceedings, and the fact that claimants are not afforded the procedural

The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement

In other words, partitions are considered to be the result of a binary, all-or-nothing decision. I argue that this dichotomy is unrealistic and has

Forum: Service Delivery, Resource Allocation, and Access to Justice: Greiner and Pattanayak and the Research Imperative

empirical research agenda. I. Reading Greiner and Pattanayak Legal services lawyers, clinicians, and policymakers should read Greiner and Pattanayak’s

Agencies as Litigation Gatekeepers

interdependent enforcement mechanisms. This Article thus joins the ranks of legal scholarship that has moved away from a binary conception of the choice

Forum: Constructing AI Speech

people. These are examples of “low-value speech,” some of which are unprotected by the Constitution and thus readily regulated, at least in theory. It

The New Public

to preserving individual liberty in the regulatory state. By reading Reich’s seemingly unrelated writings on his life and the law together, this

Forum: The Predominance Test: A Judicially Manageable Compactness Standard for Redistricting

other binary criteria at the same tier. For example, many state constitutions require districts to be of “compact and contiguous territory

Forum: Excessive Sentencing Reviews: Eighth Amendment Substance and Procedure

Court has read the Eighth Amendment. For example, although the U.S. Supreme Court famously rejected an Eighth Amendment challenge to the

Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker

important sources of disparity—especially the decision to file mandatory minimum charges, which are prosecutors’ most powerful tools for constraining