Dependency and Delegation: The Ethics of Marital Representation

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...

This Article considers the interaction between marriage, households, and public welfare-type benefits. In light of constant cultural and media...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

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...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

Singlehood is becoming an increasingly important social identity category. Thousands of people are members of Facebook groups such as I am my Own...

The pathway to stable and secure middle-class status involves two elements: the ability to postpone family formation to facilitate human capital...

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...

Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but – as Ian Ayres and Quinn Curtis argue in this work –...

Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false...

Family law is for young people. To facilitate child rearing and help spouses pool resources over a lifetime, the law obligates parents to minor...

Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

Sometimes a police officer can only stop a fleeing suspect by striking or shooting him. When is it morally justified to use such force rather than let...

When Jennifer Lopez and Ben Affleck got engaged the first time, in 2002, he gave her a very pricey ring. That engagement ring was reportedly worth as...