Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...
Bond v. United States failed to answer important questions about the scope and limits of the treaty power. This Comment highlights an ...
abstract. A tide of skepticism of the administrative state has been rising among members of the judiciary and the academy. Uncomfortable with the ways doctrines like Chevron and Auer seem to leave ...
122 Yale L.J. 1484 (2013).This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and ...
112 Yale L.J. 961 (2003)In 1971, Congress repealed the Emergency Detention Act, part of the Internal Security Act of 1950, by writing into 18 U.S.C. § 4001(a) the provision that ...
122 Yale L.J. 1024 (2013).This Note is about the practice of conditioning recovery for violations of prisoners’ intangible constitutional rights, like First Amendment petition rights, upon a showing ...
117 Yale L.J. 1694 (2008). This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in ...
121 Yale L.J. 725 (2011).The federal government loses hundreds of cases in the federal courts of appeals each year, but the Solicitor General will select only a handful of those cases—just fifteen or ...
122 Yale L.J. 2394 (2013).In evaluating the legacy of Gideon v. Wainwright, it is critical to remember that the Supreme Court’s decision rested on the Sixth Amendment right to counsel for the accused ...
118 Yale L.J. 320 (2008). This Note considers the rising trend of anonymous online harassment and the use of John Doe subpoenas to unmask anonymous speakers. Although anonymity often serves as an ...
122 Yale L.J. 1280 (2013).This Note examines whether state or federal principles of administrative law should govern suits challenging state agency action pursuant to cooperative federalism statutes.
engines gather vast troves of information about their users—users who do not pay for, and often do not subscribe to, their services.4 This Comment briefly summarizes the history and structure of the ...