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The March 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. The contents for Volume 123, Number 5, include: Articles: • The New Minimal Cities, by Michelle Wilde Anderson • The Separation of Funds and Managers: A Theory of Investment Fund Structure and Regulation, by John Morley Essays: • The Moral Impact Theory of Law, by Mark Greenberg • Pretrial Detention and the Right to Be Monitored, by Samuel R. Wiseman Notes: • Stop Ignoring Pork and Potholes: Election Law and Constituent Service, by Joshua Bone • An Offense-Severity Model for Stop-and-Frisks, by David Keenan & Tina M. Thomas • Open Carry f...
"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights by many of today's leading writers on the Constitution. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman’s We the People: The Civil Rights Revolution (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman’s book as a focal point or a foil. Those essays are collected as the June 2014 issue, the final issue of the academic year. The contents are: • We th...
"Penningroth's conclusions emerge from an epic research agenda.... Before the Movement presents an original and provocative account of how civil law was experienced by Black citizens and how their 'legal lives' changed over time . . . [an] ambitious, stimulating, and provocative book." —Eric Foner, New York Review of Books Winner of the Beveridge Award, American Historical Association Winner of the Littleton-Griswold Prize, American Historical Association Finalist for the Cundill History Prize Winner of the Order of the Coif Book Award Winner of the James Willard Hurst Prize, Law and Society Association Winner of the John Philip Reid Award, American Society for Legal History Winner of the ...
Explores the massive reorientation of American legal, political, and economic thinking from truths to methods between 1870 and 1970.
The April 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. An extensive Feature explores the idea of Federalism as the New Nationalism, with contributions by Jessica Bulman-Pozen ("From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism"), Heather Gerken ("An Overview," "The Loyal Opposition"), Abbe Gluck ("Our [National] Federalism"), Alison LaCroix ("The Shadow Powers of Article I"), and Cristina Rodríguez ("Negotiating Conflict Through Federalism: Institutional and Popular Perspectives"). The issue serves, in effect, as a new and detailed book on new concepts and p...
The May 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • Article, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation," by Kristin Collins • Article, "Legitimacy and Federal Criminal Enforcement Power," by Lauren M. Ouziel • Feature, "The Age of Consent," by Philip C. Bobbitt • Review, "Judging Justice on Appeal," by Marin K. Levy • Note, "The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations," by Mathew Andrews • Note, "Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency," by Zachary Liscow • Note, "Domestic Violence Asylum After Matter of L-R-," by Jessica Marsden • Comment, "Beating Blackwater: Using Domestic Legislation to Enforce the International Code of Conduct for Private Military Companies," by Reema Shah This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. This May 2014 issue is Volume 123, Number 7.
This issue of The Yale Law Journal (the first of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, “Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker,” by Sonja B. Starr & M. Marit Rehavi * Article, “Firearm Localism,” by Joseph Blocher * Essay, “The Unbundled Union: Politics Without Collective Bargaining,” by Benjamin I. Sachs * Note, “Special Juries in the Supreme Court” * Comment, “There's No Such Thing as a Political Question of Statutory Interpretation: The Implications of Zivotofsky v. Clinton" Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for individual articles), as well as active URLs in notes and properly presented figures and graphs throughout.
The December issue of The Yale Law Journal (the third of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, "The Interpretation-Construction Distinction in Patent Law," by Tun-Jen Chiang & Lawrence B. Solum * Article, "Agencies as Litigation Gatekeepers," by David Freeman Engstrom * Essay,"Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse," by Ian Ayres & Richard Luedeman * Review, "Why Protect Religious Freedom?," by Michael W. McConnell * Note, "The Case for Tax: A Comparative Approach to Innovation Policy," by Shaun P. Mahaffy Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
This November issue of The Yale Law Journal (the second of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, "Leviathan and Interpretive Revolution: The Administrative State, the Judiciary, and the Rise of Legislative History, 1890-1950," by Nicholas R. Parrillo * Essay, "Reconsidering Citizens United as a Press Clause Case," Michael W. McConnell * Note, "The Mens Rea of Accomplice Liability: Supporting Intentions" * Comment, "A First Amendment Approach to Generic Drug Manufacturer Tort Liability" * Comment, "The EU General Data Protection Regulation: Toward a Property Regime for Protecting Data Privacy" Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
Since the 1960s, the Supreme Court has enabled mass incarceration through rulings that violate constitutional curbs on pretrial detention, coercive plea bargaining, excessive sentences, and other forms of state overreach. Detailing their flaws, Rachel Barkow argues that a Court committed to constitutional rights must overturn these precedents.