More in This Category
We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...
More
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
More
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...
More
There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.
More
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...
More
Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...
More
This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...
More
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...
More
Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented...
More
This short essay considers Benjamin Zipursky’s intriguing effort to identify a tradition of “American natural law theory” that links Benjamin Cardozo...
More
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...
More
Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major...
More
Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits...
More
This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...
More
What shapes judicial temperament? What hones judicial style? Seeing as judges are grown in neither a hothouse nor a test tube, presumably they attain...
More
Robert Cooter
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...
More
Dahlia Lithwick
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise...
More
In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like...
More