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Restricted Charitable Gifts to the Government The Yale Law Journal (IF 5.2) Pub Date : 2025-07-07 Christiana Markella de Borja, Reid Kress Weisbord
This Essay examines the overlooked long-term costs generated by restricted charitable gifts to the government. It reveals that gift compliance disputes are surprisingly frequent and costly to litigate. The authors propose that governments adopt gift acceptance policies that subject donor-imposed restrictions to rigorous review, public comment, and formal approval.
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The Dangerous Rise of “Dual-Use” Objects in War The Yale Law Journal (IF 5.2) Pub Date : 2025-06-30 Oona A. Hathaway, Azmat Khan, Mara R. Revkin
Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground reporting in Iraq and Syria, this Article illustrates how targeting such "dual-use objects" has undermined critical legal protections for civilians.
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The Prison Discovery Crisis The Yale Law Journal (IF 5.2) Pub Date : 2025-06-30 James Stone
For incarcerated plaintiffs, meaningful discovery is essential to proving and exposing wrongdoing in prison. Yet prison discovery is broken. This Article explores the extensive written and unwritten barriers to evidence gathering in prison, and, through a 200-case study, reveals courts’ central role in both perpetuating—and potentially resolving—this crisis.
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The Proper Role of Equality in Constitutional Adjudication: The Cathedral’s Missing Buttress The Yale Law Journal (IF 5.2) Pub Date : 2025-06-30 Guido Calabresi
This Feature argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but only from unequal infringements. Because these infringements often result from nondiscriminatory motives, particularly the desire for benefits without cost, current law doesn’t provide protection. This Feature explores a novel proposal for judicial protection for these rights.
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Railroad Regulation Reinterpreted The Yale Law Journal (IF 5.2) Pub Date : 2025-06-30 Matthew Buck
Freight railroading today is profitable but fails workers, consumers, and communities in serious ways. This Note argues that both the railroad industry’s financial success and its operational shortcomings are legacies of deregulation in the 1970s and 1980s and considers alternatives, some old and some new.
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Piety Police The Yale Law Journal (IF 5.2) Pub Date : 2025-06-30 Grace Watkins
This Note uncovers the history of how the Brigham Young University Police Department blurred the boundaries between criminal law and church doctrine. These practices included sting operations that used students as undercover agents to target morals offenses. Such tactics illustrate the risks of religiously affiliated policing as it spreads nationwide.
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Resurrecting the Trinity of Legislative Constitutionalism The Yale Law Journal (IF 5.2) Pub Date : 2025-05-30 Beau J. Baumann
From 1919 to 1969, the Offices of the Legislative Counsel in the Senate and House drafted precedential opinions to advise lawmakers on constitutional and subconstitutional questions. This Article lifts the curtain on this institution, revealing a hidden system that worked to reify congressional power and stymie a rising juristocracy.
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Antiracist Expert Evidence The Yale Law Journal (IF 5.2) Pub Date : 2025-05-30 Jasmine B. Gonzales Rose, Asees Bhasin, Spencer Piston
This Article introduces “antiracist expert evidence,” an underutilized tool to prove racism in court. Based on a nationwide survey of defense attorneys, it explores the evidence’s utility, identifies barriers to use, and offers strategies to overcome them, aiming to begin to level the evidentiary playing field for criminal defendants.
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Congressional Intervention in Agency Adjudication: The Case of Veterans’ Appeals The Yale Law Journal (IF 5.2) Pub Date : 2025-05-30 Lindsey Gailmard, Daniel E. Ho, Mark S. Krass
Prevailing constitutional interpretation sees Congress’s role as legislative, but members of Congress frequently exert nonlegislative influence on agencies by intervening directly on individual claimants’ behalf. This Feature provides an empirical portrait of congressional intervention in veterans’ appeals through internal administrative data and discusses its implications for constitutional and administrative
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To Be Given to God: Contemporary Civil Forfeiture as a Taking The Yale Law Journal (IF 5.2) Pub Date : 2025-05-30 Richard J.S. Peay
Civil asset forfeiture was once a law-enforcement tool. Today, however, police and prosecutors use forfeiture to fundraise, not to fight crime. This Note challenges the constitutionality of these profit-motivated government confiscations. It argues that these “contemporary civil forfeitures” are not forfeitures at all—they are compensable takings.
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Disestablishment at Work The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 James D. Nelson
After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring religious accommodations, creating waves of new litigation. Latent in the doctrine, principles of nondisparagement, reciprocity, and proportionality can guide courts in resolving these claims while also anchoring nonjudicial strategies to protect employees’ basic rights.
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The Lost English Roots of Notice-and-Comment Rulemaking The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 Rephael G. Stern
Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes, during the 1930s and 1940s Americans only partially adopted the English framework. The rejection of laying procedures implicates the legitimacy of our rulemaking system.
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Does Pharma Need Patents? The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 Talha Syed
This Feature revisits the widely held assumption that pharma needs patents to sustain innovation. By analyzing the information goods underlying drugs, this Feature demonstrates that innovation in this sector can proceed without patents. Replacing patents with a tailored form of regulatory exclusivity would reap large gains in social welfare.
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A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983 The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 Grace Sullivan
Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed solution is the “two texts canon.” When applied to Section 1983, the two texts canon demands that qualified immunity be abolished.
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Turning Square Corners: Regents and Arbitrary-and-Capricious Review’s Distributional Stakes The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 William Vester
After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the expectations of regulatory beneficiaries. This Note defends that development and situates it within an underexplored history of courts calibrating the stringency of their review of agency action to distributional concerns.
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Democracy’s Distrust: The Supreme Court’s Anti-Voter Decisions as a Threat to Democracy The Yale Law Journal (IF 5.2) Pub Date : 2025-04-14 Gilda R. Daniels
“Democracy’s Distrust” explores how the Supreme Court has eroded voting rights and weakened democracy. It argues that the Court prioritizes candidates and legislatures over voters, fostering public distrust. The Essay examines historical and contemporary cases, highlighting the need for legislative reforms and civic action to protect democracy.
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Decriminalizing Cannabis The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Jennifer D. Oliva
The United States has criminalized cannabis since 1970. In response to pleas for reform and widespread state cannabis legalization, the federal government recently initiated rulemaking to reschedule cannabis. This Essay argues that the federal government should abandon its legally problematic rescheduling proposal and, instead, decriminalize and deregulate cannabis.
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Fragile Gains, Persistent Setbacks: The Muddled Arc of American Drug-Law Reform The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Ifetayo Harvey
Ifetayo Harvey explores the foremost drug reform issues by giving a broad overview of the Essays in this Collection. Harvey uses Oregon’s Measure 110 as an example of drug reform’s challenges when implemented on a state level. The piece concludes with guidance on how advocates can improve future drug reforms.
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Separation of Drug Scheduling Powers The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Mason Marks
Congress split drug scheduling authority between the Department of Health and Human Services and the Drug Enforcement Administration. However, this statutory separation of powers has collapsed, producing unscientific outcomes that undermine the CSA text, purpose, and history. Congress, courts, agencies, and the President can shift drug scheduling back on track.
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Deinstitutionalizing Family Separation in Cases of Parental Drug Use The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Taleed El-Sabawi, Sarah Katz
Through an institutional theory lens, this Essay examines how the family policing system’s historical emphasis on punishment and surveillance resists even well-intentioned legislative changes. Despite the inclusion of family-centered services in recent legislation, implementation barriers and institutional inertia within family policing agencies perpetuate default practices of policing and removal
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Interoperable Legal AI for Access to Justice The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Drew Simshaw
This Essay argues that technological and procedural legal interoperability—that is, widespread consistency in legal technology design and related processes—can help stakeholders effectively leverage artificial intelligence to maximize access to legal services and fairness of outcomes through self-help options, with traditional legal services, and in the courts.
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The Duty to Respond to Rulemaking Comments The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Ronald M. Levin
This Essay examines the legal basis for the requirement that agencies must respond to significant comments they receive during a rulemaking proceeding, the pros and cons of that requirement, and how the requirement fits together with other principles of administrative law, including procedural fairness and standing to sue.
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Legal Deserts and Spatial Injustice: A Study of Criminal Legal Systems in Rural Washington The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Lisa R. Pruitt, Jennifer Sherman, Jennifer Schwartz
This Essay uses a mixed-methods study to sketch operation of criminal legal systems in several rural counties in central and eastern Washington. The study reveals how an attorney shortage, along with reliance on local funding of justice system functions, is leaving defendants vulnerable to delays and ineffective assistance of counsel.
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Lawyers’ Monopoly and the Promises of AI The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Stephanos Bibas
Access to justice in American civil courts won’t come through free or pro bono lawyers. To drive down costs, we need to loosen bar regulation and streamline procedures. And we should embrace technology and AI responsibly to give more people the legal help they need but can’t afford.
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Race, the Academy, and The Constitution of the War on Drugs The Yale Law Journal (IF 5.2) Pub Date : 2025-03-01 Bennett Capers, Jeffrey Bellin
David Pozen’s new book chronicles the constitutional arguments that American litigants once deployed to protect a “right” to use drugs. This Review supplements and critiques Pozen’s important contribution, situating his findings within a broad backdrop of race, crime, and the judiciary’s eagerness to just say “yes” to the drug war.
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Self-Protection in World Society: Reformulating the Protective Principle in International Law The Yale Law Journal (IF 5.2) Pub Date : 2025-03-01 Alyssa Resar
Aggressive applications of extraterritoriality under the protective principle in international law pose serious threats to states and individuals. This Note tracks the rise of protective-principle jurisdiction around the world. It then provides a reformulation of the principle to better cabin it within foundational doctrines of international law.
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Guaranteeing Honesty: Rewiring Honest Services Fraud Under the Guarantee Clause The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Brian Liu
Honest services fraud is a vital anticorruption statute used by federal prosecutors to police state and local corruption. However, the statute’s undefined terms and perceived intrusions on federalism have invited scrutiny from the Supreme Court. To redress these concerns, courts should interpret the statute to require a predicate state-law violation.
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Equal Standards for Equal Protection: Revisiting Race Discrimination in Jury Selection After SFFA The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Avital Fried
In its decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard, the Supreme Court appeared to take a new approach to what constitutes a Fourteenth Amendment violation. This Essay argues that the new standard should be applied to reduce race discrimination in jury selection.
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Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Adam Horn
This Essay argues for reconceiving habeas corpus as a meaningful avenue for judicial power to push back against arbitrary executive power, and proposes a surprising source for this revival: Justice Scalia’s attack on the Sentencing Guidelines. Texas’s capital murder statute is proposed as ripe for such reinvigorated habeas review.
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From Gods to Google The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Rebecca Aviel, Margot E. Kaminski, Toni M. Massaro, Andrew Keane Woods
The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious speakers. Religious-speech cases have given firms a powerful suite of deregulatory tools. This Feature draws the through line from gods to Google.
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Should Tort Law Care About Police Officers? The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Ellen M. Bublick, Jane R. Bambauer
Professors Ellen Bublick and Jane Bambauer argue that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including police. There is value in using civil enforcement to hold both civilians and officers accountable for the unjustified harms that they cause.
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Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Reva B. Siegel, Mary Ziegler
This Article offers the first legal history of the Comstock Act from its enactment to its post-Dobbs reinvention. From conflicts over Comstock’s enforcement emerged popular claims on democracy, liberty, and equality in which we can recognize roots of modern free-speech law and the law of sexual and reproductive liberty.
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The Plaintiff Police The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Sarah L. Swan
In civil litigation, police most commonly appear as defendants. But police also act as plaintiffs, suing the individuals they police. This Article argues that these plaintiff police claims cause significant democratic harms and should be limited. Compensation and deterrence can be achieved through other, less politically corrosive mechanisms.
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Disenrollment as Citizenship Revocation: Promoting Tribal Sovereignty by Embracing International Norms The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 John K. Crawford
This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. In choosing to embrace these norms, tribes can restrict disenrollment in a manner that does not simply invoke tribal sovereignty but instead promotes it.
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The Church’s Treaties: How the Holy See Makes and Shapes International Law The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Gabriel Klapholz
The Catholic Church has concluded close to two hundred treaties in the last sixty years with nations across the globe. Many of these agreements integrate Church doctrine into state legal systems at the expense of LGBTQ rights. This Note unearths this vast treaty regime—and suggests ways to challenge it.
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On the Perpetuation of Our Constitution and Civic Charity The Yale Law Journal (IF 5.2) Pub Date : 2025-02-25 Thomas B. Griffith
We live in perilous times, where acrimony and contempt poison our republic. But as others have long recognized—from Washington to Lincoln to current observers—there is an antidote: civic charity. It has helped heal our nation in some of our most difficult times; it can do so again.
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A New “Plan for Transformation”: Improving Living Conditions in Chicago’s Public Housing The Yale Law Journal (IF 5.2) Pub Date : 2025-02-21 Psalm Brown
Public housing suffers from disinvestment, and, today, many residents live in substandard conditions. By combining the literature on public-housing history and tenant-rights law with the lived experiences of public-housing residents, this Essay uses Chicago as a case study to explore litigation and other advocacy strategies for systematically improving public-housing quality.
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New Technologies, Old Rights: Litigating Public-Benefits Modernization The Yale Law Journal (IF 5.2) Pub Date : 2025-02-21 Susannah Howe
This Essay explores public-benefits agencies’ increasing reliance on technology and remote services and its impact on welfare-rights litigation. The Essay argues that the lack of direct regulation of these practices threatens benefits access. However, creative impact litigation is still a powerful tool for enforcing benefits recipients’ rights.
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The Law of the Territories: Should It Exist? The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 James T. Campbell
“The Law of the Territories” is an emerging academic heading for legal scholarship on the status of U.S. territories. This Essay argues that the current momentum of this narrow “emerging field” presents an obstacle rather than a pathway to meaningful scholarly engagement, sidelining broader perspectives and more consequential inquiry.
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A Legacy of Discrimination: A Brief History of U.S. Territories in the American Bar Association The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 Anthony M. Ciolli
The American Bar Association (ABA) has done much to remedy its history of racial discrimination. However, to this day, the ABA systematically discriminates against lawyers in four overwhelmingly nonwhite U.S. territories. This Essay examines the history of this discrimination and proposes a potential way forward to remedy it.
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Intersectional Imperial Legacies in the U.S. Territories The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 Susan K. Serrano
Women in the U.S. territories experience particularized harms often rooted in U.S. colonization and the territories’ political relationship with the United States. This Essay describes how traditional legal frameworks can sharply constrict available remedies and sketches the contours of a rational-basis-with-bite framework for assessing intersectional harms and legacies.
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The Origins of U.S. Territorial Taxation and the Insular Cases The Yale Law Journal (IF 5.2) Pub Date : 2025-02-10 Alex Zhang
This Essay examines Congress’s design of territorial revenue systems during 1898-1900. Eager to protect the federal fisc, lawmakers instituted tariffs between Puerto Rico and the mainland. Their choices segregated the territories from the federal fiscal apparatus, prompted the Insular Cases, and created the territories’ distinct tax status as foreign countries.
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Gig-Economy Myths and Missteps The Yale Law Journal (IF 5.2) Pub Date : 2025-01-31 Sarah M. Levine
This Essay disputes the myth that employment, unlike independent contracting, is inherently inflexible. It traces the roots of this widely shared belief to corporate propaganda and rejects “third-category” legislation based on this fiction. Finally, the Essay cautions labor enforcers to avoid the third-category sham in negotiated misclassification settlements.
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AI and Captured Capital The Yale Law Journal (IF 5.2) Pub Date : 2025-01-31 Ifeoma Ajunwa
An AI arms race and a laissez-faire approach to globalization enable a borderless labor market without labor protections and the capture of workers’ capital. Proposed redress includes: (1) workers’ data as stake capital, (2) a data-licensing regime, and (3) a guaranteed income fund organized by the International Labor Organization.
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Data Laws at Work The Yale Law Journal (IF 5.2) Pub Date : 2025-01-31 Veena Dubal
Recognizing harms arising from the growing use of automated systems for labor control, the European Union (EU) has passed an array of digital-rights protections for workers. This Essay argues that the EU framework fails to account for the formal subordination of workers and proscribe the harms of algorithmic labor control.
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The Three Lives of Mamengwaa: Toward an Indigenous Canon of Construction The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Matthew L.M. Fletcher
Many of the intractable political disputes that plague tribal nations can be traced to the reliance on legal principles that are poor fits in Indigenous contexts. I suggest the acknowledgment of an Indigenous canon of construction of tribal laws by tribal judiciaries that will benefit legal development in tribal nations.
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Refining Constitutional Torts The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 E. Garrett West
Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray because it vacillates between two conceptions of constitutional rights: rights that “nullify” changes to subconstitutional law and rights that impose “duties” on officers. The Feature defends a regime that embraces constitutional duties.
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The Credit Markets Go Dark The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Jared A. Ellias, Elisabeth de Fontenay
Mirroring the recent paradigm shift in corporate equity, corporate debt is now increasingly private and concentrated in the hands of investment funds. This Article chronicles the rise of private credit—loans originated by investment funds, rather than banks—and discusses its implications, including the potential loss of information and liquidity.
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Against the Work-Study Boundary: Synthesizing Title VII and Title IX Protections for Student-Employees The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Alexandra R. Johnson
Courts routinely deny student-employees facing sex discrimination the expansive Title VII protections they deserve, and student-employees often fail to bring Title IX claims that more fulsomely capture this discrimination. Looking forward, courts should synthesize Title VII’s protections with Title IX’s coverage by considering education-based evidence when evaluating Title VII claims.
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The New Standing Doctrine, Judicial Federalism, and the Problem of Forumless Claims The Yale Law Journal (IF 5.2) Pub Date : 2025-01-30 Adam Flaherty, Isaiah W. Ogren
The Supreme Court’s new standing cases have further narrowed the class of claims justiciable in federal court. Some state courts have followed suit, leaving valid federal claims without any viable forum. We argue that the Supremacy Clause requires state courts to vindicate federal rights by hearing some of these claims.
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Copyright, Meet Antitrust: The Supreme Court’s Warhol Decision and the Rise of Competition Analysis in Fair Use The Yale Law Journal (IF 5.2) Pub Date : 2025-01-17 Christopher Jon Sprigman
In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court noted that whether defendant’s work competes with plaintiff’s is a key element of the fair-use analysis. This Essay argues that antitrust law offers valuable guidance for assessing competition in copyright law.
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A Legislative Response to 303 Creative The Yale Law Journal (IF 5.2) Pub Date : 2025-01-14 Ian Ayres, Jennifer Gerarda Brown
States should respond to the U.S. Supreme Court’s 303 Creative decision by enacting implied warranties of nondiscrimination. Making nondiscrimination a publicly disclaimable default would facilitate informed consumer choice and mitigate the dignitary harms of point-of-sale discrimination.
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The Politics and Perverse Effects of the Fight Against Online Medical Misinformation The Yale Law Journal (IF 5.2) Pub Date : 2025-01-13 Evelyn Douek
Platforms’ content moderation of medical misinformation has become one of this era’s biggest political controversies. This Essay traces how platforms’ choices during the COVID-19 pandemic became so politicized, and how the category “medical misinformation” cannot be used to skirt important questions about the legitimacy of platform power over public discourse.
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The Invention of Immigration Exceptionalism The Yale Law Journal (IF 5.2) Pub Date : 2024-11-30 Adam B. Cox
Everyone believes that immigration law has been exceptional since its late nineteenth-century birth—insulated from judicial review by the Court’s creation of the “plenary power doctrine.” But early immigration law was actually ordinary public law. Recovering this reality has profound implications for scholars of immigration and public law alike.
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Time and Punishment The Yale Law Journal (IF 5.2) Pub Date : 2024-11-30 S. Lisa Washington
The legal system’s ability to control people’s time is a form of dominion that exacerbates the structural disadvantages that marginalized families already face. Constriction, stretching, and indeterminacy are important aspects of temporal marginalization in the family regulation system. Considering the experience of time is one step towards understanding its impacts.
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Supply-Chain Wage Theft as Unfair Method of Competition The Yale Law Journal (IF 5.2) Pub Date : 2024-11-30 Eamon Coburn
This Note argues that wage theft in the fissured economy is a competition problem, not just a labor problem. It first recovers a historical understanding of substandard wages as an unfair method of competition. It then proposes FTC action against supply-chain wage theft using Section 5 of the FTC Act.
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AI and the Sound of Music The Yale Law Journal (IF 5.2) Pub Date : 2024-11-22 Edward Lee
Today, AI enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress should respond to AI’s seismic disruptions to the music industry based on the principles of technology neutrality, expansive authorship, and rebalancing of copyright.
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Bind Us Together: Coalitional Public Policy Advocacy in Medical-Legal Partnerships The Yale Law Journal (IF 5.2) Pub Date : 2024-11-14 James Bhandary-Alexander, Dina Shek
The Medical-Legal Partnership (MLP) model promotes direct services and public policy advocacy by lawyers incorporated into medical teams. Drawing on personal experiences, this Essay proposes that to accomplish policy change, MLP practitioners organize and be organized into community coalitions built and maintained around a robust vision of health justice.
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The Second Amendment’s Second Sex The Yale Law Journal (IF 5.2) Pub Date : 2024-11-12 Michael R. Ulrich
This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.
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The Water District and the State The Yale Law Journal (IF 5.2) Pub Date : 2024-10-31 Dave Owen
In much of the American West, local special districts with undemocratic governance structures and archaic boundaries dominate water governance. In some places, they are expanding their reach into new policy realms. This Article explains how these governance systems evolved, why they are problematic, and how state governments can respond.