The Yale Law Journal

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

Articles from Vol. 117, No. 5, March

Defending the Faithful: Speaking the Language of Group Harm in Free Exercise Challenges to Counterterrorism Profiling
INTRODUCTION I. PROFILING UNDER UNCERTAINTY A. Cultural Profiling in the Counterterrorism Context: Tabbaa v. Chertoff B. The "Rationality" of Cultural Profiling II. THE GROUP-SUBORDINATING EFFECTS OF CULTURAL PROFILING A....
Ledbetter in Congress: The Limits of a Narrow Legislative Override
INTRODUCTION In Ledbetter v. Goodyear Tire & Rubber Co., the Supreme Court held that an employee was barred from suing her employer for pay discrimination under Title VII. (1) The plaintiff, Lilly Ledbetter, was a twenty-year employee of Goodyear...
Race and Democratic Contestation
INTRODUCTION I. ELECTORAL COMPETITION AND THE NEW ERA OF THE VRA A. The VRA, Representation, and Electoral Competition B. LULAC v. Perry II. DEMOCRATIC CONTESTATION A. A Theory of Democratic Contestation B. Beyond Pluralism:...
Seeking More Scienter: The Effect of False Claims Act Interpretations
The U.S. Treasury can now rely on recovering a billion dollars each year from antifraud efforts. Enacted during the Civil War to combat war profiteering, (1) the False Claims Act (FCA) prohibits the submission of false or fraudulent claims for payment...
The Access to Knowledge Mobilization and the New Politics of Intellectual Property
INTRODUCTION I. COLLECTIVE ACTION AND FRAME MOBILIZATION II. FROM INTELLECTUAL PROPERTY TO ACCESS TO KNOWLEDGE A. The Historical Evolution of Enclosure and A2K B. IP and A2K as Mobilizing Frames 1. Frame Mobilization in IP Industries ...