A Conversation with Justice Ginsburg
This transcript is adapted from the inaugural Gruber Distinguished Lecture in Women’s Rights, hosted by the Yale Law School. The Lecture took the form of a dialogue between Justice Ginsburg and Linda...
View ArticleAbandoning Objective Indicia
The Supreme Court recently held, in Miller v. Alabama, that mandatory life without parole for juveniles violates the Cruel and Unusual Punishment Clause of the Eighth Amendment. This Essay argues that,...
View ArticleEscape from the “Devonian Amber”: A Reply to Voting and Vice
This Essay replies to Richard Re and Christopher Re’s Voting and Vice. That article, recently published in The Yale Law Journal, demonstrates that the inclusion of the phrase “other crime” in Section 2...
View ArticlePrometheus Rebound: Diagnostics, Nature, and Mathematical Algorithms
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** The Supreme Court’s decision last Term in Mayo v....
View ArticleAnd How: Mayo v. Prometheus and the Method of Invention
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** The Mayo Court’s novel test for patent...
View ArticleImplementing Aggregation in Law: The Median Outcome Rule
In multiple-claim lawsuits, courts tend to address each claim separately, thereby disregarding valuable information about the defendant’s misconduct that might be gained by considering claims together....
View ArticleIneffective in Any Form: How Confirmation Bias and Distractions Undermine...
This Essay examines three experiments that tracked eye fixations as participants reviewed home-loan disclosure forms. The experiments revealed confirmation biases in which participants read to confirm...
View ArticlePreemption as a Judicial End-Run Around the Administrative Process?
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.**Federal agencies play a dominant role in administering...
View ArticleDouglas and the Fate of Ex Parte Young
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.**Dissents are frequently an unreliable guide for...
View ArticleMedicaid Preemption Claims in Douglas Avert the Astra Abyss
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** The Supreme Court’s five-to-four opinion in Douglas v....
View ArticleFrye and Lafler: Bearers of Mixed Messages
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** In two five-to-four decisions rendered on March 21,...
View ArticleLafler v. Cooper and AEDPA
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** The Supreme Court in Missouri v. Frye1 and Lafler v....
View ArticleTaming Negotiated Justice
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** After four decades of neglecting laissez-faire plea...
View ArticleFrye and Lafler: No Big Deal
**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.** The only surprise about the Supreme Court’s recent...
View ArticleService Delivery, Resource Allocation, and Access to Justice: Greiner and...
Introduction How should we deliver legal services to low-income clients in need?How should we allocate scarce legal resources among deserving clients?How can we increase access to justice more...
View ArticleWest Coast Hotel’s Place in American Constitutional History
Introduction This year marks the seventy-fifth anniversary of West Coast Hotel Co. v. Parrish,1 which for many years has been part of one of the central narratives of twentieth-century American...
View ArticleHow (Not) To Bring an Affirmative-Action Challenge
A little-known fact about the biggest Supreme Court case of the Term is that it is botched beyond repair. This Essay describes a series of grave defects in Fisher v. University of Texas at Austin, the...
View ArticleLosers’ Rules
Introduction Each year, the United States District Court for the District of Massachusetts holds an extraordinary panel. All active judges are present to answer questions from the bar. A lawyer’s...
View ArticleLawrence Meets Libel: Squaring Constitutional Norms with Sexual-Orientation...
Introduction Yonaty v. Mincolla1 may have been the most anachronistic judicial ruling of 2011. In Yonaty, a New York trial court held that false imputations of homosexuality still constituted per se...
View ArticleLiquid Assets: Groundwater in Texas
Introduction As I was walking around the tonier precincts of Austin, Texas, in the summer of 2012, I noticed that some things seemed out of place. The hot, humid weather was normal, and the recent...
View ArticleA Defense of Immigration-Enforcement Discretion: The Legal and Policy Flaws...
This Essay disputes the legal claims set forth in a recent lawsuit that seeks to invalidate a policy of the Department of Homeland Security. The policy gives protection against deportation to...
View ArticleEmerging Counties? Prospects for Regional Governance in the Wake of Municipal...
In Dissolving Cities, Professor Michelle Wilde Anderson suggests that municipal dissolution could enable counties to serve regionalist goals. This Essay argues that, on balance, municipal dissolution...
View ArticleCourts as Managers: American Tradition Partnership v. Bullock and Summary...
Summary disposition is a procedural innovation—added only belatedly to the Supreme Court’s rules—in which the Court dispenses with a case without briefing or oral argument. It presents a puzzle for...
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