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 ...

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 ...

119 Yale L.J. 1715 (2010).Discoverability of Litigation Risk Assessments After First Circuit, in a rehearing en banc, held that tax accrual work papers prepared by a corporation’s lawyers in order to ...

an empirical look at churches in the zoning process Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000,8 federal law that profoundly reshapes the rights of churches in land use ...

120 Yale L.J. 2183 (2011).

Transplantation Committee estimates that this new system of “longevity matching” will wring an extra 8,380 years of life out of the nation’s supply of Critics have charged the plan with age ...

The Stored Communications Act poses an increasing threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the ...

Antitrust theory portrays data privacy as a factor, like quality, that improves with competition. This Essay argues that view, though not inaccurate, is incomplete. It offers a new account of how data ...

century. Together, these books define the core curriculum of what might be called the modern Yale School of Constitutional Interpretation.3 The publication of Alexander Bickel’s The Least Dangerous ...

Current First Amendment doctrine permits courts to judge a claimant’s religious sincerity in a free-exercise suit but prohibits them from adjudicating religious questions. This Note challenges that ...

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 ...