The Yale Law Journal

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

Articles from Vol. 122, No. 7, May

Behavioral Economics and Paternalism
III. AGAINST PATERNALISM: WELFARE Let us put the definitional issues to one side. Why might paternalism be objectionable? There are two time-honored reasons; both have firm roots in Mill's own argument. The first involves welfare. The second involves...
City Unplanning
ARTICLE CONTENTS INTRODUCTION I. THE LAW AND ECONOMICS OF CITY PLANNING: A REVIEW A. Economic Theory and Zoning B. Changes in Zoning Regimes over Time II. LAND-USE LAW AND THE POLITICAL ECONOMY OF CITY PLANNING A. The Role of Procedure...
How Do You Measure a Constitutional Moment? Using Algorithmic Topic Modeling to Evaluate Bruce Ackerman's Theory of Constitutional Change
INTRODUCTION I. QUANTIFYING CONSTITUTIONAL POLITICS A. Ackerman's Theory of Dualist Democracy B. The Importance of Popular Attention C. A Test Case: Ratification of the Fourteenth Amendment D. The Challenge of Measurement ...
Interpretation Step Zero: A Limit on Methodology as "Law"
Legislated interpretive rules are everywhere. International law has them, (1) every state has them, (2) and Congress does too. (3) Even the Federal Rules of Civil Procedure open with an oft-overlooked legislated interpretive rule. (4) Most of these...
Prison Law Writing Contest
People who are incarcerated offer a unique perspective on the law. Having broken it, they now live in an environment pervaded by it. But only rarely, if ever, do scholars, lawyers, and policymakers hear directly from them about it. This year, the...
Rethinking the Federal Eminent Domain Power
ARTICLE CONTENTS INTRODUCTION I. ENUMERATED POWERS A. The Puzzle of Implied Powers B. The Idea of Great Powers C. Eminent Domain as a Great Power 1. The Taxation Analogy 2. Real Property 3. The Enclaves Clause II....
Should the Ministerial Exception Apply to Functions, Not Persons?
NOTE CONTENTS INTRODUCTION I. THE MINISTERIAL EXCEPTION AFTER HOSANNA-TABOR II. AN ALTERNATIVE APPROACH TO MINISTERIAL STATUS III. SQUARING THE BLENDED APPROACH WITH THE FIRST AMENDMENT CONCLUSION INTRODUCTION Last year, in Hosanna-Tabor...
Solano Justice
Prison discipline has come a long way since Attica, at least in California. The California Department of Corrections and Rehabilitation (CDCR) administers California's thirty-three adult correctional facilities, including California State Prison-Solano...
The Continuum of Excludability and the Limits of Patents
ESSAY CONTENTS INTRODUCTION I. UNDERSTANDING THE CONTINUUM OF EXCLUDABILITY A. Patents as a Solution to Information Goods' Appropriability Problem B. The Key Determinants of Excludability II. ILLUSTRATING THE THREE INFLUENCES...
The JOBS Act and Middle-Income Investors: Why It Doesn't Go Far Enough
The 2008 recession sparked broad calls for tighter financial regulation. (1) Yet, at the same time, small businesses and entrepreneurs lobbied to loosen restrictions on the funding of start-ups. (2) Frustrated by stagnant credit markets and limited...
The Meaning of Imprisonment
Being incarcerated in prison means tucking your life into your back pocket for a while. It means taking your slumber on a bunk bed for the first time since childhood. If your incarceration is the end result of a mistake you made rather than a criminal...
The Prison Rape Elimination Act (PREA) and the Importance of Litigation in Its Enforcement: Holding Guards Who Rape Accountable
I don't even know how to begin this story. I do my best to shove it deep down inside and keep it there, out of sight. But something needs to be said about what happened. It just has to be told as it was--bluntly and without hesitation. So take a warning:...