The Yale Law Journal

This journal publishes articles, essays and book reviews on law and government.

Articles from Vol. 104, No. 7, May

Abundance and User Control: Renewing the Democratic Heart of the First Amendment in the Age of Interactive Media
I. INTRODUCTION We stand at the cusp of the creation of a new medium. Throughout the industrialized world, the deployment of innovative new technologies--such as high-capacity computer networks, mobile wireless communications services, television systems...
Alex Bickel's Law School and Ours
One generation succeeds another almost without acknowledgment. Or so it seems in universities where students, who come and go recurrently, are always the same age and teachers scarcely notice that they alone are growing older. This inclination to ignore...
Anonymity, Autonomy, and Accountability: Challenges to the First Amendment in Cyberspaces
I. INTRODUCTION Principles underlying the First Amendment favor an information agora(1) promoting and embodying democratic ideals.(2) The pioneers of what is often called cyberspace,(3) the electronic environment through which the computer literati...
Cheap Speech and What It Will Do
CONTENTS I. CHEAP SPEECH A. Music and the Electronic Music Databases 1. The New System a. What It Will Look Like b. Why It Will Look Like This 2. How the New System Will Change What Is Available 3. Dealing with Information Overload 4. Will Production...
Converging First Amendment Principles for Converging Communications Media
For students of telecommunications law and technology, it has become a trivial ritual to observe that telecommunications technologies and media are converging. Neither producers nor purchasers of audio or video information should find much use, in the...
Counseling at the Limits of the Law: An Exercise in the Jurisprudence and Ethics of Lawyering
CONTENTS I.Introduction 1546 A. Summary of the Problem 1546 B. A Range of Examples 1550 C. Law and Lawyering: Predictions, Manipulation, and Norms 1552 II. Legal Advice Within the Bounds of...
In Search of a New Paradigm
Teaching law has its special pleasures. At Yale, they come in abundance, since our classes are small, the atmosphere is highly congenial, and we are given absolute freedom to teach what we want and when we want. Yet the joys of law teaching extend to...
Law Firms and Associate Careers: Tournament Theory versus the Production-Imperative Model
Pray look better, Sir, quoth Sancho; those things yonder are no Giants, but Wind-mills ....(1) The career of an associate in a large law firm has been portrayed in stark Darwinian terms: Only the fittest survive the "tournament" that is established...
Rights, Camera, Action: Cyberspatial Settings and the First Amendment
Visit the Pentagon, or the New York Times, and everywhere there are maps, solemnly defining national borders and sovereign territories. No one shows any signs of knowing that we no longer live in geographic time and space, that the maps of nations...
Stereotyping and Difference: The Future of Sex Discrimination Law
In Planned Parenthood v. Casey,(1) the Supreme Court reaffirmed the holding of Roe v. Wade(2) that the Constitution protects a woman's right to choose abortion before fetal viability. But the Casey joint opinion(3) based its holding not only on the right...
The First Amendment in Cyberspace
I go on this great republican principle, that the people will have virtue and intelligence to select men of virtue and wisdom. Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks, no form of government,...
The Path of Cyberlaw
If you're not a cyberspace maven, but mill around a bit among those who talk about this cyberspace stuff--if you surf, as it is said, the information superhighway--there are two questions that you might ask about how this new space will get regulated....