The Yale Law Journal

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

Articles from Vol. 107, No. 8, June

Affirmative Action and Legislative Purpose
Jed Rubenfeld argues that the Supreme Court misunderstands the meaning of the Equal Protection Clause when it subjects minority preferences to strict (and almost always fatal) judicial scrutiny.(1) His argument is quite simple: Strict scrutiny's function...
Empowering Investors: A Market Approach to Securities Regulation
The U.S. securities laws have repeatedly been assailed as burdensome or ineffective. Reform efforts have conversely been attacked for undermining an effective mechanism by which shareholders can discipline management. Moreover, even reformers have...
Freedom of Speech and Independent Judgment Review in Copyright Cases
Copyright law restricts speech. It restricts what writers may write, what painters may paint, what musicians may compose. It prohibits not only slavish copying, but also creation of entirely new works, so long as those works use--even if only in part--another's...
Is There a Future for Future Claimants?
I. INTRODUCTION: THE PROBLEM OF FUTURE CLAIMS In September 1990, the Chief Justice of the U.S. Supreme Court appointed an Ad Hoc Committee on Asbestos Litigation in response to what was widely perceived as a "`failure of the federal court system...
Rules of Engagement
In 1997, millionaire John Lattanzio sued model Ines Misan for the return of half a million dollars in gifts he had given her, allegedly in the hope that she would marry him. The scandal died down when they settled, Misan keeping gifts worth $210,000...
Sentencing and the Fifth Amendment
United States v. Mitchell, 122 F.3d 185 (3d Cir. 1997), petition for cert. filed, No. 97-7541 (U.S. Jan. 13, 1998). In United States v. Mitchell,(1) the Third Circuit asked whether the Fifth Amendment privilege against compelled self-incrimination...
The Ideology of Domination: Barriers to Client Autonomy in Legal Ethics Scholarship
It might be said that anyone whose conscience is so tender that he cannot fulfill the prescribed obligations of a[n attorney]... should not undertake those obligations. He should not allow his moral scruples to operate as a trap for those...
The Purpose of Purpose Analysis
To get right to the point:(1) (1) Professor Alexander first wonders how I can urge a smoking-out conception of strict scrutiny while still supporting affirmative action programs that would fail strict scrutiny. "If [such programs] failed strict...
The Untold Story of Noncriminal Habeas Corpus and the 1996 Immigration Acts
In 1996, Congress passed and the President signed the Antiterrorism and Effective Death Penalty Act (AEDPA)(1) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),(2) which seek to curtail judicial review of final orders of...
When the Evidence Is the Crime
Holmes v. California Army National Guard, 124 F.3d 1126 (9th Cir. 1997). With its recent decision in Holmes v. California Army National Guard,(1) the Ninth Circuit became the fourth federal appeals court to uphold the military's "don't ask/don't...