The Yale Law Journal

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

Articles from Vol. 122, No. 1, October

A Decision Theory of Statutory Interpretation: Legislative History by the Rules
III. DECISION THEORY RELATIVE TO THE ALTERNATIVES In Part II, I showed how Congress's rules should change how we read statutory text and history. In a sense this should be obvious. Procedural context matters to courts--so why should it be irrelevant...
Aggregation and Law
III. CRIMINAL LAW A. Factual Aggregation Aggregation in criminal law resembles aggregation in tort law but raises special concerns because of sensitivities about the rights of the accused. (79) Consider the following example: Example III.1....
How Much Difference Does the Lawyer Make? the Effect of Defense Counsel on Murder Case Outcomes
ESSAY CONTENTS INTRODUCTION I. BACKGROUND ON INDIGENT DEFENSE IN PHILADELPHIA II. QUANTITATIVE ANALYSIS OF THE PERFORMANCE OF THE PUBLIC DEFENDER VERSUS APPOINTED COUNSEL A. Data and Sample Construction B. Methods: Counsel Assignment...
Intersystemic Statutory Interpretation in Transnational Litigation
In a recent article in the pages of this Journal, (1) Professor Abbe Gluck highlights an important phenomenon: federal courts do not generally apply state interpretive methodologies when construing state statutes. Gluck argues forcefully that this...
Sales Tax Not Included: Designing Commodity Taxes for Inattentive Consumers
NOTE CONTENTS INTRODUCTION I. BACKGROUND CONCEPTS A. Tax Salience B. Efficiency Analysis and Tax Policy C. Low-Salience Taxes and Efficiency 1. Efficiency Benefits of Low-Salience Taxation 2. Efficiency Costs of Low-Salience...
The Artist as Brand: Toward a Trademark Conception of Moral Rights
NOTE CONTENTS INTRODUCTION I. A BRIEF MORAL RIGHTS PRIMER A. The Berne Convention and the Visual Artists Rights Act of 1990 B. Scholarly Reactions to the VARA Regime II. THE CONTINGENT ART OBJECT AND THE ARTIST AS BRAND A. Contemporary...