For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
abstract. Private equity is moving aggressively into the legal sector, and the profession’s oversight infrastructure is wholly unprepared for this generational shift. To work around prohibitions ...
Private equity is investing in law firms through management-services organizations, split-entity structures that sidestep nonlawyer-ownership bans. The rules are not ready. This Essay offers the first ...
118 Yale L.J. 1256 (2009). This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state ...
122 Yale L.J. 1372 (2013). “Rape-by-deception” is almost universally rejected in American criminal law. But if rape is sex without the ...
abstract. Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking ...
abstract. In recognition of the material, physical, and psychological harms arising from the growing use of automated monitoring and decision-making systems for labor control, jurisdictions around the ...
abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...
abstract. Today, artificial intelligence (AI) enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress ...
Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine
abstract. On the final day of Justice Breyer’s tenure on the U.S. Supreme Court, the Court formally recognized the major questions doctrine, which requires an agency to point to “clear congressional ...
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