Author Archive for yale-law-journal
YLJ Online Symposium: “AEP v. Connecticut and the Future of the Political Question Doctrine” and “What Litigation of a Climate Nuisance Suit Might Look Like”
posted by Yale Law Journal
The Yale Law Journal Online‘s new series, Summary Judgment, which features timely responses by academics and practitioners to recent court decisions, continues with the final two installments of its symposium on the Supreme Court’s June decision in American Electric Power Co., Inc. v. Connecticut, 564 U.S. __ , 131 S. Ct. 2527 (2011) (AEP).
In AEP v. Connecticut and the Future of the Political Question Doctrine, Professor James R. May considers the Court’s conspicuous silence regarding the political question doctrine in the climate change context. Although AEP rose to the Supreme Court on the political question issue—the district court dismissed the case as nonjusticiable under the doctrine and the Second Circuit reversed—the Supreme Court itself only obliquely addressed the political question doctrine in that case. But after parsing Justice Ginsburg’s opinion as well as Justice Alito’s concurrence, May concludes that “at the very least, a majority of the Supreme Court has broader views of the justiciability of federal common law claims for climate change than did the district court in AEP.” Although AEP’s implications for other types of cases (e.g., state-common-law claims) are “difficult to gauge,” May observes that one thing is clear: “in AEP, the Supreme Court appeared to endorse the view that courts should not hide from [climate change] issues behind the veil of the political question doctrine.”
While Professor May ultimately urges courts to grapple with global warming and the harms that it inflicts, Professor Michael B. Gerrard questions the wisdom of public nuisance suits in the climate change context. In What Litigation of a Climate Nuisance Suit Might Look Like, Gerrard considers the likely consequences that would follow if courts decline to dismiss these claims on grounds of “displacement, preemption, political question, and standing.” Gerrard concludes that even without those threshold issues, litigation would still involve “extraordinary difficulties.” Throughout the Essay, he enumerates the mind-numbing number of “open questions that would face the parties and the courts.”
Gerrard begins with the difficult question of selecting defendants in climate change actions. This question implicates complex issues of joint and several liability, personal jurisdiction, assessment of unreasonable conduct, operation under governmental permits, statutes of limitations, choice of law, company successorship, supply chains, government liability, and non-industrial emissions. Beyond defendant selection, other problems abound: burden of proof for causation, potential “sprawling class actions,” issue preclusion in multiple lawsuits against the same emitter, measure of damages, assumption of risk, insurance coverage, non-emissions conduct as a factor of liability, venue and consolidation, scope of discovery, and the potential for an almost-unlimited flood of alien tort actions against U.S. emitters.
At the end of his inquiry, Gerrard voices agreement with the Court in its decision that “setting emissions limitations is beyond the competence of the courts.” He predicts that “if any trial court does eventually approach the merits of a suit seeking money damages for [greenhouse gas] emissions, it may find it is embarking down a wormhole, and upon comprehending the journey it may recoil.” While it is crucial for courts to “interpret[] and enforc[e] congressional and regulatory mandates,” Gerrard warns that “erecting a new liability scheme to redress the impacts of our economic system is an entirely different and perilous voyage.”
The Summary Judgment series is available on YLJ Online. Please also visit the site to read our latest Online Essays and to view recent issues of our print edition in an electronic format.
September 23, 2011 at 9:30 pm
Posted in: Law Rev (Yale), Supreme Court, Uncategorized
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YLJ Online Symposium: Standing on Hot Air: American Electric Power and the Bankruptcy of Standing Doctrine
posted by Yale Law Journal
The Yale Law Journal Online‘s new series, Summary Judgment, which features timely responses by academics and practitioners to recent court decisions, continues with the fourth installment of its symposium on the Supreme Court’s June decision in American Electric Power Co., Inc. v. Connecticut, 564 U.S. __ , 131 S. Ct. 2527 (2011) (AEP).
In Standing on Hot Air: American Electric Power and the Bankruptcy of Standing Doctrine, Professor Daniel Farber argues that AEP is “a powerful illustration of the deep flaws” in the Court’s Article III standing jurisprudence. As Professor Farber points out, “the ‘injury’ that forms the basis for Article III standing does not need to have any logical connection with the legal claim” asserted by the plaintiff. While other commentators have suggested that standing doctrine may pose an insuperable obstacle for climate-change plaintiffs, Professor Farber shows how a “determined plaintiff with the resources to obtain the necessary expert evidence” can rely on harms from co-pollutants other than carbon dioxide to meet the standing test under the Supreme Court’s current standards. This is true “even if the injury from climate change [i]s considered too indirect or delayed to give rise to standing.” Notwithstanding its manipulability, “standing doctrine carries substantial costs” in terms of both litigants’ and judges’ resources. Professor Farber concludes that “it is time for the Court to rethink this ‘exquisitely murky’ doctrine and find some more sensible way to determine which cases are suitable for judicial resolution.”
The Summary Judgment series is available on YLJ Online. Please also visit the site to read our latest Online Essays and to view recent issues of our print edition in an electronic format.
September 19, 2011 at 8:18 pm
Posted in: Law Rev (Yale), Supreme Court
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YLJ Online Symposium: Climate Justice and the Elusive Climate Tort
posted by Yale Law Journal
The Yale Law Journal Online‘s new series, Summary Judgment, which features timely responses by academics and practitioners to recent court decisions, continues with the third installment of its symposium on the Supreme Court’s June decision in American Electric Power Co., Inc. v. Connecticut, 564 U.S. __ , 131 S. Ct. 2527 (2011) (AEP).
In Climate Justice and the Elusive Climate Tort, Professor Maxine Burkett considers AEP from the perspective of climate justice, a field that focuses on the “intersection of race and/or indigeneity, poverty, and climate change.” She argues that by rejecting common law nuisance claims in AEP, the Court precludes a valuable mechanism for ensuring climate justice. Her commentary centers on the Ninth Circuit case Native Village of Kivalina v. ExxonMobil Corp., in which an Inupiat community in Alaska is seeking compensation from world’s largest oil companies for global warming-induced damage to the group’s ancestral homeland. Professor Burkett proposes an interpretation of AEP that potentially would allow the claims in Kivalina to survive. Ultimately, she concludes that in the post-AEP world, lower courts can distinguish “between the injunctive relief sought in AEP and the compensatory relief sought in Kivalina”; while AEP may preclude injunctive relief, the lingering possibility of compensatory damages in climate-change cases suggests that “the disparately impacted may enjoy appropriate recourse.” According to Professor Burkett, courts play a role that regulations cannot usurp: “climate tort claims would be the courts’ distinct contribution to what will hopefully be a diverse and multi-layered commitment to rectifying, at least in part, the losses of the climate vulnerable.”
The Summary Judgment series is available on YLJ Online. Please also visit the site to read our latest Online Essays and to view recent issues of our print edition in an electronic format.
September 15, 2011 at 10:18 pm
Posted in: Law Rev (Yale), Tort Law
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YLJ Online Symposium: “AEP v. Connecticut’s Implications for the Future of Climate Change Litigation” and “A Tale of Two Climate Cases”
posted by Yale Law Journal
The Yale Law Journal Online has launched the second symposium of its new series, Summary Judgment, which features timely responses by academics and practitioners to recent court decisions. The newest installments comment on the Supreme Court’s June decision in American Electric Power Co., Inc. v. Connecticut, 564 U.S. __ , 131 S. Ct. 2527 (2011) (AEP), in which an 8-0 majority held that the Clean Air Act and the EPA actions authorized thereunder have displaced the federal common law of public nuisance with respect to greenhouse gas emissions from coal power plants.
In AEP v. Connecticut’s Implications for the Future of Climate Change Litigation, Professor Hari M. Osofsky introduces the six installments of the AEP Summary Judgment symposium and adds four preliminary observations. First, Osofsky argues that while the Court shuts down federal public nuisance claims, it remains very much open to climate change litigation through suits by citizens and states on statutory grounds. Second, she notes that in AEP the Court fails to resolve many issues (some of which are picked up by other contributors in this series), including standing in suits with only nongovernmental petitioners, the political question doctrine, state law preemption, and the possibility that federal common law actions may be allowed if Congress decides to prevent EPA from regulating greenhouse gases. Third, in holding the EPA is better suited to assess climate change science, the Court overlooks the many judges who work with complex science in tort cases as well as the possibility that courts may be engaged in climate change science in non-agency ways. Lastly, Osofsky concludes that AEP will have “mixed impact”: while it ensures that climate change will continue to be an “exploding area” of the law, it also limits citizens and victims from obtaining redress for climate change harm. Addressing climate change issues through a regulatory framework implicates complex issues that all three branches of government will need to resolve.
In A Tale of Two Climate Cases, Professor Jonathan H. Adler juxtaposes AEP alongside the Court’s prior decision in Massachusetts v. EPA, 549 U.S. 497 (2007), which held that greenhouse gas emissions constitute an “air pollutant” under the Clean Air Act. In Adler’s view, Connecticut and the other state plaintiffs in AEP “lost this particular climate battle . . . because they had already won the war”: they have persuaded the Court to confirm the EPA’s regulatory power over greenhouse gases. Moreover, although AEP displaces public nuisance suits under federal common law, Adler notes that the decision did not preclude suits filed under state law. With the door left upon to state-law claims and to regulatory action, Professor Adler concludes that “controls on [greenhouse gas] emissions will proliferate.”
The Summary Judgment series is available on YLJ Online. Please also visit the site to read our latest Online Essays and to view recent issues of our print edition in an electronic format.
September 14, 2011 at 11:21 pm
Posted in: Law Rev (Yale), Supreme Court
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The Yale Law Journal Online: Judges in Jeopardy!: Could IBM’s Watson Beat Courts at Their Own Game?
posted by Yale Law Journal
In Judges in Jeopardy!: Could IBM’s Watson Beat Courts at Their Own Game?, Betsy Cooper examines IBM’s Watson computer and how it might affect the process by which new textualists interpret statutes. Cooper describes new textualism as being founded on the ‘ordinary meaning’ of language. She writes: “New textualists believe in reducing the discretion of judges in analyzing statutes. Thus, they advocate for relatively formulaic and systematic interpretative rules. How better to limit the risk of normative judgments creeping into statutory interpretation than by allowing a computer to do the work?”
Cooper’s essay considers how Watson – the IBM computer which won a resounding victory against prized human contestants on Jeopardy – might fare as a new textualist. She concludes that Watson has many advantages over humans. For example, a computer can pinpoint the frequency with which a phrase is used in a particular statutory context, and can “estimate the frequency within which each connotation arises, to determine which is most ‘ordinary.’” And Watson avoids bias: “when he makes mistakes, these mistakes are not due to any biases in his evaluation scheme “ because the computer has “no normative ideology of his own.”
Nevertheless, Cooper ultimately concludes that Watson has a fatal flaw: it lacks a normative ideology that is essential for ethical judging. Watson can provide to judges “a baseline against which to evaluate their own interpretations of ‘ordinary meaning,’” but cannot replace the job of judging itself.
Preferred Citation: Betsy Cooper, Judges in Jeopardy!: Could IBM’s Watson Beat Courts at Their Own Game?, 121 Yale L.J. Online 87 (2011).
September 6, 2011 at 11:04 pm
Posted in: Law Rev (Yale), Technology
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YLJ Online Symposium: “Winn and the Inadvisibility of Constitutionalizing Tax Expenditure Analysis” and “A Winn for Educational Pluralism”
posted by Yale Law Journal
The Yale Law Journal Online has published the first two installments in our new series, Summary Judgment, which will feature timely responses to recent Supreme Court decisions from academics and practitioners. The two inaugural pieces comment on the Court’s April decision in Arizona School Tuition Organization v. Winn, 131 S.Ct. 1436 (2011), in which a five-Justice majority held that taxpayers do not have standing to challenge the constitutionality of state tax credits that support religious schools and other educational institutions.
In Winn and the Inadvisibility of Constitutionalizing Tax Expenditure Analysis, Professor Edward A. Zelinsky responds to Justice Kagan’s blistering dissent in Winn. In that dissent, the Court’s most junior Justice draws on tax law scholarship to argue that tax credits and other tax expenditures are economically indistinguishable from direct spending. Zelinsky adopts a skeptical approach toward Justice Kagan’s core claim. According to Zelinsky, although tax expenditure analysis has helped policymakers and legislators with regard to budgetary matters, its utility does not extend to Establishment Clause jurisprudence. After decades of debate, tax law scholars have still not arrived at any satisfactory definition of tax expenditures. Ultimately, Zelinsky writes, “the Court is ill-advised to invoke tax expenditure analysis” in its Establishment Clause cases because “[a]t the end of the day, we do not know what a tax expenditure is.”
In A Winn for Educational Pluralism, Professor Nicole Stelle Garnett assesses the implications of the Winn decision for students, families, and communities. She argues that scholarship tax credits can stem the tide of Catholic school closures, which are linked to increased disorder, crime, and neighborhood disintegration. Drawing on her own past research, she also suggests that “scholarship tax credits may . . . enable cities to retain the young parents who all too frequently flee to suburbs and their high-performing public schools.” She concludes that Winn, by opening constitutional space for scholarship tax credit programs, represents “a victory for civil society.”
The Summary Judgment series is available on YLJ Online. Please also visit the site to read our latest Online Essays and to view recent issues of our print edition in an electronic format.
June 4, 2011 at 6:36 pm
Posted in: Constitutional Law, Law Rev (Yale), Tax, Uncategorized
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The Yale Law Journal Online: Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform
posted by Yale Law Journal
In Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform, Andrew Koppleman analyzes Judge Vinson’s opinion in Florida v. U.S. Department of Health and Human Services (striking down the Affordable Care Act). Judge Vinson said that individual mandate was not a “Necessary and Proper” extension of the Act’s insurance industry reforms; instead, “the individual mandate is actually being used as the means to avoid the adverse consequences of the Act itself.” Koppelman shows why that reasoning amounts to a fallacy: “If . . . Congress has no power to address negative consequences that follow from its own statutory scheme, then Marshall was wrong about mail robbery after all. Mail robbery is an adverse consequence of Congress’s decision to establish a post office: had it not done that, all those valuable documents would not be gathered together in one place. But, you might say, That sounds crazy; of course Congress can decide that it’s worth having a post office, even if establishing one creates negative side effects, which then must be addressed. But if—as Vinson admitted—Congress can also decide that people with preexisting conditions can be protected, then how can the cases be distinguished?”
Please visit YLJ Online to read our latest Essays and to view the latest issues of our print edition in an electronic format.
May 9, 2011 at 4:17 pm
Posted in: Constitutional Law, Health Law, Law Rev (Yale)
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YLJ Online Symposium: A Republic of Statutes
posted by Yale Law Journal
The Yale Law Journal Online has just published the final piece of a symposium devoted to William N. Eskridge, Jr. and John Ferejohn’s remarkable new book, A Republic of Statutes: The New American Constitution. The book chronicles the development of constitutional principles derived not directly from the text of the Constitution itself but from the implementation of entrenched “superstatutes” by administrative and executive officials. The symposium essays examine both the broad contours of the theory advanced by Eskridge and Ferejohn as well as its application to particular fields of law, such as immigration, national security, and health care. Visit YLJ Online to read the full collection:
- Robert A. Katzmann, Introduction to The Yale Law Journal Online Symposium on Eskridge and Ferejohn’s A Republic of Statutes: The New American Constitution, 120 YALE L.J. ONLINE 293 (2011), http://yalelawjournal.org/2011/3/11/katzmann.html.
- Edward L. Rubin, How Statutes Interpret the Constitution, 120 YALE L.J. ONLINE 297 (2011), http://yalelawjournal.org/2011/3/14/rubin.html.
- John D. Skrentny & Micah Gell-Redman, Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment, 120 YALE L.J. ONLINE 325 (2011), http://yalelawjournal.org/3/18/skrentny-gellredman.html.
- Theodore W. Ruger, Plural Constitutionalism and the Pathologies of American Health Care, 120 YALE L.J. ONLINE 347 (2011), http://yalelawjournal.org/2011/3/21/ruger.html.
- Stephen M. Griffin, The National Security Constitution and the Bush Administration, 120 YALE L.J. ONLINE 367 (2011), http://yalelawjournal.org/2011/3/25/griffin.html.
- Mathew D. McCubbins & Daniel B. Rodriguez, Superstatutory Entrenchment: A Positive and Normative Interrogatory, 120 YALE L.J. ONLINE 387 (2011), http://yalelawjournal.org/2011/3/30/mccubbins-rodriguez.html.
March 31, 2011 at 1:25 pm
Posted in: Conferences, Government Secrecy, Health Law, Immigration, Law Rev (Yale)
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The Yale Law Journal Online: Opting out of the Law of War
posted by Yale Law Journal
In Opting out of the Law of War: Comments on Withdrawing from International Custom, David Luban responds to Curtis A. Bradley and Mitu Gulati’s recent Yale Law Journal Article, Withdrawing from International Custom. Professor Luban’s Essay focuses on Professors Bradley and Gulati’s reading of historical focus, which they use to show both that the customary law was historically considered subject to unilateral withdrawal (the Default View) and that the opposing Mandatory View carries a colonialist legacy. Professor Luban uses the law of war as his principal example to suggest that “stickiness” in international law rules may be a virtue, because if the Default View carries the day, “the alternative to supposedly outmoded customary law is likely to be no law rather than better law.”
Please visit YLJ Online to read our latest Essays and to view the latest issues of our print edition in an electronic format.
December 10, 2010 at 1:33 pm
Posted in: International & Comparative Law, Law Rev (Yale)
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The Yale Law Journal Online: Conditional Taxation and the Constitutionality of Health Care Reform
posted by Yale Law Journal
The recent passage of health care reform has sparked contentious debate on the constitutionality of the requirement that individuals purchase a qualifying health insurance plan or be subject to a tax (the “individualized responsibility requirement” or “IRR”). In the latest YLJ Online Essay, Conditional Taxation and the Constitutionality of Health Care Reform, Professor Brian Galle argues that even if the commerce power and Necessary and Proper Clause do not clearly authorize the IRR, it is a straightforward application of Congress’s broad taxation authority. Professor Galle further contends that attacks on the normative desirability of this reading of the taxing power are misguided.
Preferred citation: Brian Galle, Conditional Taxation and the Constitutionality of Health Care Reform, 120 YALE L.J. ONLINE 27 (2010), http://yalelawjournal.org/2010/5/31/galle.html.
May 31, 2010 at 8:36 am
Posted in: Constitutional Law, Health Law, Law Rev (Yale), Law Rev Forum, Tax
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The Yale Law Journal, Vol. 119, Issue 6 (April 2010)
posted by Yale Law Journal
| Article | ||
| The Politics of Nature: Climate Change, Environmental Law, and Democracy Jedediah Purdy |
1122 | |
| Features | ||
| When Family Matters Alafair S. Burke |
1210 | |
| Disestablishing the Family Alice Ristroph & Melissa Murray |
1236 | |
| Note | ||
| Eminent Domain Due Process D. Zachary Hudson |
1280 | |
| Comments | ||
| Regulating in the Shadow of the U.C.C.: How Courts Should Interpret State Consumer Protection Laws |
1329 | |
| Discovery Audits: Model Rule 3.8(d) and the Prosecutor’s Duty To Disclose |
1339 | |
| The Significance of Domicile in Lyman Trumbull’s Conception of Citizenship |
1351 | |
May 2, 2010 at 12:17 pm
Posted in: Law Rev (Yale), Law Rev Contents
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The Yale Law Journal, Vol. 119, Issue 4 & Forthcoming Supreme Court Conference
posted by Yale Law Journal
January 2010 | Volume 119, Issue 4
| ARTICLES | ||
| Antibankruptcy Douglas G. Baird & Robert K. Rasmussen |
648 | |
| Fourth Amendment Seizures of Computer Data Orin S. Kerr |
700 | |
| FEATURE | ||
| American Needle v. NFL: An Opportunity To Reshape Sports Law Michael A. McCann |
726 | |
| NOTE | ||
| Strategic or Sincere? Analyzing Agency Use of Guidance Documents Connor N. Raso |
782 | |
| COMMENTS | ||
| Suspending the Writ at Guantánamo: Take III? | 825 | |
| Constitutional Avoidance Step Zero | 837 | |
On Tuesday, March 23, 2010, The Yale Law Journal Online will join with the Yale Law School Supreme Court Advocacy Clinic to host the concluding segment of “Important Questions of Federal Law: Assessing the Supreme Court’s Case Selection Process.” The panel will bring together federal judges, members of the legal academia, and practitioners to discuss potential reforms to the Supreme Court’s certiorari process. All events will be held at Yale Law School’s Sterling Law Building in New Haven, CT. Please click here for more information.
IMPORTANT QUESTIONS OF FEDERAL LAW
Yale Law School | New Haven, CT | March 23, 2010
Panel I: The Judge’s Perspective: Is the Court Taking the “Right” Cases?
4:10pm‐5:30pm, Room 129
Moderator: Linda Greenhouse (Yale Law School)
Panelists:
The Honorable José Cabranes (2d Cir.)
Drew Days (Yale Law School)
The Honorable Brett Kavanaugh (D.C. Cir.)
The Honorable Sandra Lynch (1st Cir.)
Panel II: The Practitioners’ Perspective: What Makes An Issue “Important” to the Court?
5:40pm‐6:55pm, Room 127
Moderator: Charles Rothfeld (Mayer Brown LLP and Yale Law School)
Panelists:
John Elwood (Vinson & Elkins LLP)
Orin Kerr (George Washington University Law School)
Patricia Millett (Akin Gump LLP)
Judith Resnik (Yale Law School)
March 9, 2010 at 9:44 pm
Posted in: Administrative Law, Bankruptcy, Civil Rights, Conferences, Constitutional Law, Cyberlaw, Law Rev (Yale), Law Rev Contents, Law Rev Forum, Supreme Court
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The Yale Law Journal Online: The Justice as Commissioner: Benching the Judge-Umpire Analogy
posted by Yale Law Journal
The approach of viewing federal judges in the United States as baseball umpires has gained traction with the recent nomination processes of the Supreme Court, and sparked debate in both legal academia and across the political spectrum. The Yale Law Journal Online is therefore pleased to announce the publication of The Justice as Commissioner: Benching the Judge-Umpire Analogy by Aaron Zelinsky (Yale Law School). Mr. Zelinsky offers a timely assessment and critique of this analogy, as well as alternatives to envisioning the role of the Supreme Court.
Preferred citation: Aaron Zelinsky, The Justice as Commissioner: Benching the Judge-Umpire Analogy, 119 YALE L.J. ONLINE 113 (2010), http://yalelawjournal.org/2010/03/03/zelinsky.html.
March 8, 2010 at 9:39 am
Posted in: Law Rev (Yale), Law Rev Forum, Supreme Court
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The Yale Law Journal Online: Richard Lazarus and Sanford Levinson on the Supreme Court’s Certiorari Process
posted by Yale Law Journal
Concluding its series on proposed reforms to the certiorari process, The Yale Law Journal Online is pleased to present pieces by Richard Lazarus of the Georgetown Law Center and Sanford Levinson of the University of Texas Law School. Lazarus and Levinson approach the issue of the Supreme Court’s docket composition through a variety of perspectives, and shed light on the ongoing debate over whether the declining number of cases before the Court presents a problem for the American judicial system.
The Yale Law Journal Online and the Yale Law School Supreme Court Advocacy Clinic will be a hosting a second conference on the subject on March 23, 2010 at Yale Law School in New Haven, Connecticut. Further details will be provided shortly.
Preferred Citations:
Richard J. Lazarus, Docket Capture at the High Court, 119 Yale L.J. Online 89 (2009), available at http://yalelawjournal.org/2010/01/24/lazarus.html.
Sanford Levinson, Assessing the Supreme Court’s Current Caseload: A Question of Law or Politics?, 119 Yale L.J. Online 99 (2010), available at http://yalelawjournal.org/2010/02/01/levinson.html.
February 2, 2010 at 11:29 am
Posted in: Law Rev (Yale), Law Rev Forum, Supreme Court
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The Yale Law Journal, Vol. 119, Issue 3 (December 2009)
posted by Yale Law Journal
|
ARTICLES |
||
| Property as Process: How Innovation Markets Select Innovation Regimes Jonathan M. Barnett |
384 | |
| The President and Immigration Law Adam B. Cox & Cristina M. Rodríguez |
458 | |
| Government in Opposition David Fontana |
548 | |
| COMMENTS |
||
| INA Section 242(g): Immigration Agents, Immunity, and Damages Suits |
625 | |
| Taxing Unreasonable Compensation: § 162(a)(1) and Managerial Power |
637 | |
January 12, 2010 at 9:48 pm
Posted in: Constitutional Law, Immigration, International & Comparative Law, Law Rev (Yale), Law Rev Contents, Property Law, Tax
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The Yale Law Journal Online: Judge J. Harvie Wilkinson’s “If It Ain’t Broke . . .”
posted by Yale Law Journal
The Yale Law Journal Online is pleased to present its last publication of 2009. The Hon. J. Harvie Wilkinson III addresses the recent calls to reform the Supreme Court’s certiorari process in this Essay, which cautions against reforms that may cause significant collateral damage to the American judicial system. Judge Wilkinson addresses the recent contraction of the Supreme Court’s docket, challenging the notion that a smaller docket is cause for alarm. He also challenges a number of the proposals on the table, invoking a historical perspective to argue against tampering with the fundamental structure and role of the Court. These arguments continue Judge Wilkinson’s previous remarks on the subject at the Yale Law School-sponsored conference, “Important Questions of Federal Law.”
Preferred Citation: J. Harvie Wilkinson III, If It Ain’t Broke . . ., 119 YALE L.J. ONLINE 67 (2009), available at http://yalelawjournal.org/2009/12/16/wilkinson.html.
December 25, 2009 at 12:54 am
Posted in: Law Rev (Yale), Law Rev Forum, Supreme Court
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The Yale Law Journal Online: Is It Important To Be Important?: Evaluating the Supreme Court’s Case-Selection Process
posted by Yale Law Journal
On September 19, 2009, Frederick Schauer discussed the state of the Supreme Court’s certiorari process at a conference sponsored by The Yale Law Journal Online and the Yale Law School Supreme Court Advocacy Clinic. Professor Schauer’s Essay on the topic, evaluating the dwindling caseload of the Court, the potential for an informational disadvantage on the part of the Justices themselves, and means by which a solution may be found, is now available on YLJ Online.
December 9, 2009 at 8:27 am
Posted in: Law Rev (Yale), Law Rev Forum, Supreme Court, Uncategorized
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The Yale Law Journal Vol. 119, Issue 2 (2009)
posted by Yale Law Journal
| Article | ||
| Presidential Power over International Law: Restoring the Balance Oona A. Hathaway |
140 | |
| Notes | ||
| Disastrously Misunderstood: Judicial Deference in the Japanese-American Cases Jonathan M. Justl |
270 | |
| Created in Its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s-1970s Craig J. Konnoth |
316 | |
| Comment | ||
| A Case for Varying Interpretive Deference at the State Level |
373 | |
December 7, 2009 at 8:29 am
Posted in: Administrative Law, Feminism and Gender, International & Comparative Law, Law Rev (Yale), Law Rev Contents
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The Yale Law Journal Online: Marriage, Property and [In]Equality: Remedying ERISA’s Disparate Impact on Spousal Wealth
posted by Yale Law Journal
The Yale Law Journal Online is pleased to announce the publication of Marriage, Property and [In]Equality: Remedying ERISA’s Disparate Impact on Spousal Wealth, by Paula A. Monopoli. In this piece, Monopoli argues that Congress has a historic opportunity to resolve an ongoing gender disparity in ERISA through considered pension reforms. She outlines the steps that may be necessary to bring federal pension law into alignment with the general movement toward gender equality in marriage property law.
Preferred citation: Paula A. Monopoli, Marriage, Property and [In]Equality: Remedying ERISA’s Disparate Impact on Spousal Wealth, 119 YALE L.J. ONLINE 61 (2009), http://yalelawjournal.org/2009/11/4/monopoli.html.
November 6, 2009 at 8:08 am
Posted in: Uncategorized
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The Yale Law Journal Vol. 119, Issue 1 (2009)
posted by Yale Law Journal
November 2, 2009 at 8:35 am
Posted in: Law Rev (Yale), Law Rev Contents
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