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As law-school clinics assume a growing role in legal education, instructors, students, and community partners have used clinics to test novel, sometimes radical lawyering approaches. This Collection draws from those experiments, using case studies from family defense, immigration, and worker rights to explore the relationship between law and ...
Yale Law Journal - Natural Rights and the First Amendment
Natural Rights and the First Amendment. abstract. The Supreme Court often claims that the First Amendment reflects an original judgment about the proper scope of expressive freedom. After a century of academic debate, however, the meanings of speech and press freedoms at the Founding remain remarkably hazy.
SR 3.2 Internal Cross-References. 3.2.1—In footnotes in which an internal cross-reference is used in a textual sentence, always use “supra” or “infra” immediately preceding the cross-reference (i.e., without a preposition like “in” or “at”). Subsections are the lowest unit that can be used in a cross-reference.
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 - The Constitutionality of Civil Forfeiture
Introduction. Everyone knows that the law denies people property rights in illegal drugs and other contraband. 1 But nonlawyers sometimes are startled to learn that the law also strips people of property rights in everyday items that simply have been used in a prohibited way. For instance, when someone transports illegal drugs in a car, the federal Controlled Substances Act …
Systemic Triage: Implicit Racial Bias in the Criminal Courtroom
In a groundbreaking new book, Crook County: Racism and Injustice in America’s Largest Criminal Court, Professor Nicole Gonzalez Van Cleve 2 adds an important, novel dimension to this problem. She exposes the deeply flawed operation of the criminal justice system by focusing on how felonies are processed in Cook County, Illinois.
Tort Law Inside Out - Yale Law Journal
Tort Law Inside Out. abstract. 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 ...
1 THE YALE LAW JOURNAL VOLUME 131 STYLE GUIDE The Yale Law Journal follows The Bluebook: A Uniform System of Citation (21st ed. 2020) for citation form and the Chicago Manual of Style (17th ed. 2017) for stylistic matters not addressed by The Bluebook.For the rare situations in which neither of these works covers a particular stylistic matter, we refer to the
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.