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The Yale Law Journal is thrilled to announce Volume 134’s Emerging Scholar of the Year: Kate Redburn. The Yale Law Journal’s Emerging Scholar of the Year Award celebrates the achievements of ...
“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 ...
This year, we invite submissions focusing on novel developments in the executive power, broadly understood. Essays should grapple with how the executive branch shapes and is shaped by the coordinate ...
This Collection analyzes legal, social, and political dimensions of drug decriminalization in the context of current debates. The Essays explore issues related to state drug-policy reform, federal ...
judges, encouraging them to become case managers pressing for resolutions without adjudication. In the 1990s, England and Wales embraced pre-filing ...
abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...
abstract. The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and central role that liability insurance ...
Three cases, Johnson v. M’Intosh, 1 decided in 1823; Cherokee Nation v. Georgia, 2 decided in 1831; and Worcester v. Georgia, 3 decided in 1832, all authored by Chief Justice Marshall and collectively ...
abstract. The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of ...
abstract. This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. A typical business corporation pools together a large number of ...
abstract. Common wisdom has it that bureaucrats are unaccountable to the people they regulate and must therefore be closely supervised by elected officials or (perhaps ironically) the federal courts.
abstract. Over the last decade, the Supreme Court has advanced a new vision of the administrative state. The two commandments of administrative law in the Roberts Court are to give the President ...