The Yale Law Journal

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

Articles from Vol. 123, No. 1, October

Firearm Localism
INTRODUCTION I. AMERICA'S TWO GUN CULTURES A. Rural Gun Culture B. Urban Gun Control Culture C. Why the Division Matters II. THE CASE FOR FIREARM LOCALISM A. The Historical-Categorical Approach to Second Amendment Localism B. The Pragmatic-Balancing...
Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker
ARTICLE CONTENTS INTRODUCTION I. PROSECUTORS, SENTENCING, AND THE "HYDRAULIC DISCRETION" THEORY II. ESTIMATING RACIAL DISPARITY IN SENTENCING: A PROCESS-WIDE APPROACH A. Studies Estimating the Extent of Unwarranted Sentencing Disparities...
Special Juries in the Supreme Court
NOTE CONTENTS INTRODUCTION I. SPECIAL JURIES II. GEORGIA V. BRAILSFORD Ill. THE SPECIAL JURY IN BRAILSFORD IV. JURIES IN THE SUPREME COURT AND THE SCOPE OF THE COURT'S DISCRETION TO DECLINE CASES V. ADDRESSING THE PUZZLES POSED BY BRAILSFORD...
There's No Such Thing as a Political Question of Statutory Interpretation: The Implications of Zivotofsky V. Clinton
The political question doctrine poses a paradox. Courts increasingly dismiss claims as political questions, especially in sensitive fields like foreign affairs and national security. (1) Yet the principles underlying the doctrine remain "murky and...
The Unbundled Union: Politics without Collective Bargaining
ESSAY CONTENTS INTRODUCTION I. REPRESENTATIONAL INEQUALITY A. Income and Responsiveness B. Addressing the Problem: From Finance to Organization II. UNIONS AND REPRESENTATIONAL INEQUALITY A. Unions and Politics B. Organizing Through Work...