The Yale Law Journal

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

Articles from Vol. 122, No. 5, March

Commandeering and Constitutional Change
ARTICLE CONTENTS INTRODUCTION I. CONFEDERATION IMPOST DEBATES A. The 1781 Impost Proposal B. The 1783 Compromise C. Defeat in New York II. THE CONSTITUTION A. Ratification Debates B. The Oath Clause C. The Posse Comitatus...
Curing the Blind Spot in Administrative Law: A Federal Common Law Framework for State Agencies Implementing Cooperative Federalism Statutes
NOTE CONTENTS INTRODUCTION I. LEGISLATIVE SILENCE AND JUDICIAL CHAOS A. Cooperative Federalism and Administrative Law B. The Law Today 1. The Hole in the Administrative Procedure Act 2. Why the Judicial Silence? ...
Mere Negligence or Abandonment? Evaluating Claims of Attorney Misconduct after Maples V. Thomas
NOTE CONTENTS INTRODUCTION I. THE RIGHT TO COUNSEL II. PERFORMANCE-BASED AND RELATIONSHIP-BASED MODELS IN THE LAW OF PROCEDURAL DEFAULT A. Two Frameworks for Analyzing Attorney Misconduct B. The Role of the Two Models in the "Procedural-Default"...
Parallel Exclusion
2. The Superior Stability of Parallel Exclusion To this point, we have identified a similar tendency toward defection in parallel pricing and parallel exclusion. We now suggest reasons that exclusion schemes may be less likely to collapse. Two...
Reconceptualizing the Burden of Proof
ESSAY CONTENTS INTRODUCTION I. COMPARISONS, NOT ABSOLUTES A. Explaining the 0.5 Standard B. Resolving the Conjunction Paradox C. Story Definition II. BAYESIAN HYPOTHESIS TESTING A. Resolving the Blue Bus and Gatecrasher Paradoxes ...