120 Yale L.J. 1784 (2011). Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute ...
abstract. This Note aims to develop and describe a new type of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial ...
113 Yale L.J. 493 (2003) Judges have been called liars, but lying is not necessarily a bad thing. Judges must be given the ability to overrule; otherwise, we ...
111 Yale L.J. 761 (2001) ...
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 Cases, these cases appeared again before the ...
abstract. America has an access-to-justice crisis. At a time when law is more prominent in every facet of American life and commerce than ever before, most of our people and small businesses have no ...
abstract. Over the past generation, conflicting trends have reshaped the ownership of corporate equity on the one hand and corporate debt on the other. In equity, the two great trends have been the ...
abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under ...
abstract. This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; ...
abstract. In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act). The Act voids predispute arbitration clauses ...
122 Yale L.J. 1372 (2013). “Rape-by-deception” is almost universally rejected in American criminal law. But if rape is sex without the ...
abstract. The United States has criminalized the manufacture, distribution, use, and possession of cannabis and its psychoactive components at the federal level since 1970. The states began to push ...
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