The Yale Law Journal

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

Articles from Vol. 105, No. 1, October

Disaggregating Gender from Sex and Sexual Orientation: The Effeminate Man in the Law and Feminist Jurisprudence
Contents I. INTRODUCTION 2 II. ON TERMINOLOGY: GENDER IS FOR ADJECTIVES, SEX IS FOR NOUNS 9 III. HISTORY AND THEORY OF GENDER BENDING: HEREIN OF HIC MULIER AND HAEC...
Distinguishing between Consensual and Nonconsensual Advantages of Liability Rules
Louis Kaplow and Steven Shavell's thoughtful reply to our recent article contains powerful insights about the relative efficiency of liability and property rules.(1) While we are in agreement that liability rules can be more efficient than property rules...
Do Liability Rules Facilitate Bargaining? A Reply to Ayres and Talley
In a recent article, Ian Ayres and Eric Talley revisit the question of the relative superiority of property versus liability rules,(1) a topic that was introduced to legal academia in its economically oriented form by Calabresi and Melamed two decades...
Following the Lead of Defamation: A Definitional Balancing Approach to Religious Torts
In the landmark 1964 case of New York Times v. Sullivan,(1) the United States Supreme Court confronted the tensions that existed between the traditional tort of defamation and the First Amendment to the Constitution. Acknowledging that allowing recovery...
How the Butler Was Made to Do It: The Perverted Professionalism of "The Remains of the Day."
O wad Pow'r the giftie gie us To see oursels as others see us! I wad frae monie a blunder free us An' foolish notion: What airs in dress an' gait wad lea'e us, And ev'n Devolition!(1) INTRODUCTION Somewhat counter to prevailing academic tradition,...
The Incorporation of International Human Rights Standards into Sexual Orientation Asylum Claims: Cases of Involuntary "Medical" Intervention
Many lesbian and gay persons live in societies that subject them to severe and gruesome forms of state--sanctioned violence--torture,(1) paramilitary death squads,(2) involuntary "medical" electroshock treatment,(3) police gang rapes,(4) and capital...
The Pursuit of "Popular Intent": Interpretive Dilemmas in Direct Democracy
CONTENTS I. INTRODUCTION 108 II. AN OVERVIEW OF POPULAR LAWMAKING IN THE STATES 112 III. JUDICIAL INTERPRETATION OF INITIATIVE STATUTES: AN ANALYSIS OF THE DECISIONS 114 A. Profile of the Decisions Studied 114 1. Search Criteria 114 2. Geographic...