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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 ...
Federal courts are courts of limited jurisdiction: Article III of the Constitution cabins their subject-matter jurisdiction to certain “cases” and “controversies.” 1 Constitutional standing doctrine ...
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 ...
When Congress creates a statutory cause of action, some required elements of that cause of action may be considered “jurisdictional,” while others may not. The difference between jurisdictional and ...
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. 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 ...
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