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We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...
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An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
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Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...
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This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...
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There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.
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John C.P. Goldberg
This special issue of the Yale Journal of Law and the Humanities contains papers presented at a March 2022 conference at Yale Law School marking the...
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Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...
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Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...
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Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...
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This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...
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This chapter looks to the role of the market as a mediating institution in the culture wars that so polarize American society. Rather than seeing...
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Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented...
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This short essay considers Benjamin Zipursky’s intriguing effort to identify a tradition of “American natural law theory” that links Benjamin Cardozo...
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Aurelie Ouss
Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...
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Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major...
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This project is part of ALI’s ongoing revision of the Restatement Second of Torts. The Restatement Second recognized compensatory damages, injunctions...
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Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits...
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An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...
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