Yale Law Journal - The Unabridged Fifteenth Amendment
The Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the VRA. This Article completes the historical record, providing an unabridged accounting of the Fifteenth Amendment’s adoption.
Yale Law Journal - Natural Rights and the First Amendment
Introduction. Governments need to restrict expression.Whether someone is falsely yelling “fire” in a crowded theater, lying on the witness stand, or conspiring to commit crimes, speech can be tremendously harmful.Yet communication is essential to human flourishing, and history has shown time and again that governments are prone to censorial abuse. An enduring challenge for …
The Yale Law Journal - Home
Had the critical legal studies movement never existed, it would have to be invented today. That movement framed law as a forceful instrument of domination but one compatible with both functional and interpretative underdeterminacy.
THE YALE LAW JOURNAL VOLUME 123 STYLE SHEET The Yale Law Journal follows The Bluebook: A Uniform System of Citation (19th ed. 2010) for citation form and the Chicago Manual of Style (16th ed. 2010) for stylistic matters not addressed by The Bluebook.For the rare situations in which neither of these works covers a particular stylistic matter, we
Tort Law Inside Out - Yale Law Journal
Oct 7, 2017 · For more than a century, scholars have been looking at tort law from the outside in. Theorists committed to external goals like efficient allocation of resources or moral justice have treated tort as a mere vehicle for the achievement of their policy preferences, rather than as a body of law with a discernible internal purpose. It is time to …
Systemic Triage: Implicit Racial Bias in the Criminal Courtroom
Crook County: Racism and Injustice in America’s Largest Criminal Court By Nicole van cleve Stanford university press, april 2016 author. Professor of Law, U.C. Irvine School of Law. A.B. Harvard College, J.D. Yale Law School. I wish to thank Rick Banks, Erwin Chemerinsky, Beth Colgan, Sharon Dolovich, Ingrid Eagly, Jonathan Glater, Kaaryn Gustafson, Maximo Langer, Stephen Lee, Sasha Natapoff ...
The Constitutional Right of Self-Government - Yale Law Journal
abstract. The Assembly Clause is the ugly duckling of the First Amendment. Brooding in the shadow of the heralded Free Speech Clause and the venerated Religion Clauses, the “right of the people peaceably to assemble” has been described even by its friends as “forgotten,” a “historical footnote in American political theory and law.”
Equity as Meta-Law - Yale Law Journal
This Article interprets equity as law about law, or meta-law. Equity specializes in solving complex and uncertain problems, especially those involving multiple parties, conflicting rights, and opportunism. The Article reconstructs this function, diagnoses the ills of current equity, and charts a path forward for equity in our legal system.
Statutory Structure - Yale Law Journal
Interpreting ambiguous statutory provisions in light of the “structure,” “scheme,” or “plan” of the statute is a popular, yet understudied, interpretive tool often deployed by the Supreme Court. This Note categorizes the various types of structural arguments the Court has used and evaluates their methodological compatibility with textualism and purposivism.
Yale Law Journal - Deciphering the Commander-in-Chief Clause
abstract. The conventional wisdom is that the Commander-in-Chief Clause arms the President with a panoply of martial powers. By some lights, the Clause not only equips the President with exclusive control over military operations, but also conveys the powers to start wars, create military courts, direct and remove officers, and wield emergency wartime powers.