The Yale Law Journal

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

Articles from Vol. 103, No. 8, June

A Desegregation Tool That Backfired: Magnet Schools and Classroom Segregation
Magnet schools--schools offering a special curriculum and capable of attracting students of different racial backgrounds--are often touted as one of the most effective desegregation tools available. How often racial segregation occurs within such schools,...
"An Honest Living": Street Vendors, Municipal Regulation, and the Black Public Sphere
Regina Austin presents the example of urban street vending to illustrate how expanding the black public sphere will require that blacks defy a legal system that has effectively foreclosed them from the realm of production and commerce. I, like many...
Legal Counseling in the Administrative State: How to Let the Client Decide
The advice that lawyers give to their clients rarely becomes a public matter. Despite the increased legalization of American society in the last several decades, Americans seldom see how lawyers talk about laws within the confines of their offices....
Reinventing Poverty Law
Edgar Cahn, founder and president of the Time Dollar Network, argues that the paradigm of legal service is at odds with the dictates of the market economy and its underlying work ethic. He proposes a solution to the growing crisis in legal services...
The Ambiguous Moral Foundations of the Underground Economy
George Priest critically examines moral judgments about the underground economy and shows that the broader condemnation of underground activity now conventional in modem discussion is highly problematic and cannot be defended. He compares the relative...
The Case against Statutes of Limitations for Stolen Art
In the mid-1960's, a mailroom clerk at the Guggenheim Museum in New York City stole a Marc Chagall watercolor entitled The Cattle Dealer. Museum officials did not notify the police, the FBI, Interpol, or other museums or galleries of the theft. In...
The Informal Economy: Between New Developments and Old Regulations
Saskia Sassen challenges the conventional wisdom that informal economies are caused by increased, often illegal, immigrant labor She argues that the informal economy is a result, primarily, of systemic factors characteristic of advanced capitalist...
The Informal Economy in an Advanced Industrialized Society: Mexican Immigrant Labor in Silicon Valley
Christian Zlolniski presents his empirical study of immigrant labor in the Silicon Valley. He explores the relationship between urban poverty and two types of labor in the informal sector: subcontracting of unskilled labor and small-scale vending....
The Moral and Practical Dilemmas of an Underground Economy
Richard Epstein explores the relationship between one's approach to the underground economy and one's belief about what conduct should be legal. He discusses the link between people k views of a law's fairness and their ropensity to obey the law, noting...
The Underground Economy: New Estimates from Household Income and Expenditure Surveys
Morton Paglin shows how a misplaced reliance on households' reported income distorts governmental assessments of the underground economy in the United States. He proposes a solution that incorporates households' reported expenditures and shows how...
The Vulnerable and Exploitable Immigrant Workforce and the Need for Strengthening Worker Protective Legislation
Lora Jo Foo examines the underground economy in "sweatshop" industries, particularly garment-making. She argues for stronger labor laws and stiffer penalties so that the profitability of violating the law disappears. She also advocates the creation...