The Yale Law Journal


RECENT


Article

Ghostwriting Federalism

Drawing on interviews and historical accounts, this Article explains how federal agencies help states write legislation. Even as the Supreme Court has curtailed administrative power in the name of federalism, this Article shows how agency collaborations with statehouses may further values associated with federalism by encouraging accountability, deliberation, and experimentation.

30 Apr 2024
FederalismAdministrative Law

Article

Resisting Mass Immigrant Prosecutions

Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This Article documents, analyzes, and draws lessons from immigrants’ defiance. In particular, the battles in California and Texas reveal several effective legal strategies for immigrant defendants to resist mass criminalization.

30 Apr 2024
Immigration LawCriminal Law

Review

Prisons as Laboratories of Antidemocracy

Jeffrey Bellin's Mass Incarceration Nation robustly analyzes how state and federal policies have combined to drive up prison populations. Mass incarceration represents a failure of democracy, but the repressive policies of American prisons represent an even graver threat as laboratories of antidemocracy that export these policies to the body politic.

30 Apr 2024
Criminal LawAntidiscrimination LawCritical Legal Studies

Note

Rationalizing the Administrative Record for Equitable Constitutional Claims

The APA’s conventional rules stem from traditional rules of relevancy for discovery, rather than a statutory mandate. The scope of evidentiary review for constitutional claims against agencies should be determined by decision rules for a particular claim, consonant with the underlying principles of the scope of review in administrative litigation.

30 Apr 2024
Administrative Law

Note

When the Sovereign Contracts: Troubling the Public/Private Distinction in International Law

The distinction between a state’s public and private acts is flimsy and unclear. Choosing to see an act as essentially private or public often obscures the other features that complicate that characterization. And selectively recognizing the private aspects of transactions has disproportionately subordinated Global South nations.

 

30 Apr 2024
International LawCivil ProcedureContractsCritical Legal Studies


NEWS

older news >