Category: Law Rev (Yale)

1

The Yale Law Journal: Vol. 122, Issue 7

The Yale Law Journal

Volume 122, Issue 7
May 2013

ARTICLES
David Schleicher, City Unplanning
FEATURE
ESSAY
NOTES
COMMENTS
RESPONSE
Elizabeth A. Reid, Ernie Drain, Aaron Lowers, Prison Law Writing Contest Results
0

The Yale Law Journal: Vol. 122, Issue 6

The Yale Law Journal

Volume 122, Issue 6
April 2013

0

The Yale Law Journal Online: New Content

The Yale Law Journal Online recently published Ineffective in Any Form: How Confirmation Bias and Distractions Undermine Improved Home-Loan Disclosures, an essay by Debra Pogrund Stark, Jessica M. Choplin, and Mark A. LeBoeuf. The 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 what they were told (e.g., “Your loan is at 4%”) and then failed to look for contradictory evidence such as rate adjustments. Improved forms reduced confirmation biases, but that improvement was undermined when the experimenter engaged participants in distracting conversation. These results demonstrate that improving disclosure forms cannot sufficiently protect consumers. They also suggest that mortgage counseling is necessary for many borrowers.

Preferred citation:

Debra Pogrund Stark, Jessica M. Choplin & Mark A. LeBoeuf, Ineffective in Any Form: How Confirmation Bias and Distractions Undermine Improved Home-Loan Disclosures, 122 YALE L.J. ONLINE 377 (2013), http://yalelawjournal.org/2013/04/16/stark-choplin&leboeuf.html.

0

The Yale Law Journal Online: Implementing Aggregation in Law

The Yale Law Journal Online has just published Implementing Aggregation in Law: The Median Outcome Rule, an essay by Alon Cohen. Cohen argues that

[i]n 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. Ignoring that information may lead to the misalignment of liability with wrongdoing. To avoid such distortion, Ariel Porat and Eric Posner have argued in The Yale Law Journal that courts should adjudicate multiple-claim lawsuits in the aggregate. They do not specify the method to implement this novel idea, however, leaving it susceptible to several complications that might undermine its merits. To deal with these potential complications, this Essay introduces the concept of the “median outcome rule.”

Preferred citation:

Alon Cohen, Implementing Aggregation in Law: The Median Outcome Rule, 122 YALE L.J. ONLINE 359 (2013), http://yalelawjournal.org/2013/04/09/cohen.html.

0

The Yale Law Journal: Vol. 122, Issue 5

The Yale Law Journal

Volume 122, Issue 5
March 2013

0

The Yale Law Journal Online: A Defense of Immigration-Enforcement Discretion

The Yale Law Journal Online has just published A Defense of Immigration Enforcement Discretion: The Legal and Policy Flaws of Kris Kobach’s Latest Crusade, an essay by David A. Martin. The 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 unauthorized immigrants who came to the country as children, and the Department defends it as an exercise of prosecutorial discretion. The plaintiffs claim that no such discretion exists, because the Immigration and Nationality Act, as amended in 1996, requires that virtually all aliens who entered without inspection be detained and placed in removal proceedings whenever encountered by immigration agents. Closely examining the statutory language and drawing on the author’s own extensive involvement as General Counsel of the Immigration and Naturalization Service in the 1996 consideration of legislative amendments and administrative implementation, the essay makes the case that the plaintiffs’ argument misunderstands both Congress’s intent and consistent agency practice before and after those amendments.

Preferred Citation: David A. Martin, A Defense of Immigration-Enforcement Discretion: The Legal and Policy Flaws in Kris Kobach’s Latest Crusade, 122 YALE L.J. ONLINE 167 (2012), http://yalelawjournal.org/2012/12/20/martin.html.

0

The Yale Law Journal Online: Liquid Assets: Groundwater in Texas

The Yale Law Journal Online has just published Liquid Assets: Groundwater in Texas, an essay by Gerald Torres that addresses the piecemeal management of groundwater resources in the American West. A recent Texas Supreme Court case, Edwards Aquifer Authority v. Day, 369 S.W.3d 814 (Tex. 2012), has significantly transformed the groundwater regime in Texas, and its changes are expected to inform discussion throughout the region, where water is scarce and valuable. Torres argues that Day has “sown confusion about the capacity of the state to regulate natural resources, while ignoring the science that ought to drive policy decisions.” He begins his critique with an analysis of the Texas groundwater-management regulatory system that existed prior to Day. He then examines the concept of ownership rights for groundwater in place. Finally, in light of Day, he considers alternative approaches to allocating the value and utility of groundwater.

Preferred citation: Gerald Torres, Liquid Assets: Groundwater in Texas, 122 YALE L.J. ONLINE 143 (2012), http://yalelawjournal.org/2012/12/4/torres.html.

0

The Yale Law Journal Online: Lawrence Meets Libel

The Yale Law Journal Online has just published Lawrence Meets Libel: Squaring Constitutional Norms with Sexual-Orientation Defamation, an essay by Anthony Michael Kreis. Kreis identifies a trend in defamation law: many state statutes and judicial opinions continue to treat false allegations of homosexuality as actionable libel despite the growing acceptance of homosexuality nationwide. He argues that, “[w]hile defamation law functions as a legitimate governmental mechanism for vindicating harm to one’s reputation, it cannot constitutionally do so if it irrationally intertwines state action with class-based animus.” In his view, “recent sexual-orientation jurisprudence . . . stands for the clear proposition that government-backed stigmatization of gay and lesbian people is inconsistent with the Due Process Clause of the Fourteenth Amendment.” 

Preferred citation: Anthony Michael Kreis, Lawrence Meets Libel: Squaring Constitutional Norms with Sexual-Orientation Defamation, 122 YALE L.J. ONLINE 125 (2012), http://yalelawjournal.org/2012/11/12/kreis.html.

0

The Yale Law Journal Online: “The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty” and “In Defense of a Reasoned Dialogue About Law Firms and Their Sophisticated Clients”

The Yale Law Journal Online has published two essays on legal ethics: The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty by Lawrence Fox, and In Defense of a Reasoned Dialogue About Law Firms and Their Sophisticated Clients, a response to Fox’s essay by James W. Jones and Anthony E. Davis.

In The Gang of Thirty-Three, Lawrence Fox reviews the proposed “sophisticated client” amendments to the Model Rules of Professional Conduct. Thirty-three General Counsels at AmLaw 100 law firms submitted the proposal to the American Bar Association, requesting that some Model Rules obligations be adjusted or lessened in relationships with “sophisticated clients.”  Fox examines the suggested changes and argues that they compromise the lawyer’s most important fiduciary duty to the client. As Fox writes, lawyers must safeguard their clients’ entitlements to loyalty if they “should be entitled” to call themselves professionals at all.

James W. Jones and Anthony E. Davis respond in In Defense of a Reasoned Dialogue About Law Firms and Their Clients, arguing that the current Model Rules are outdated and no longer reflect the needs of modern law firms and their increasingly global clientele. As people who were “directly involved in the preparation of the Law Firm Proposals,” Jones and Davis offer insight into the motivations for the proposals and respond to Fox’s critique.

 

Preferred citations:

Lawrence Fox, The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty, 121 YALE L.J. ONLINE 567 (2012), http://yalelawjournal.org/2012/03/27/fox.html.

James W. Jones & Anthony E. Davis, In Defense of a Reasoned Dialogue About Law Firms and Their Sophisticated Clients, 121 YALE L.J. ONLINE 589 (2012), http://yalelawjournal.org/2012/03/27/jones&davis.html.

0

The Yale Law Journal: Volume 121, Issue 5 (March 2012)

March 2012 | Volume 121, Issue 5

 

ARTICLE

 

What Is Tax Discrimination?

Ruth Mason & Michael S. Knoll

 

ESSAY

 

Income Tax Discrimination: Still Stuck in the Labyrinth of Impossibility

Michael J. Graetz & Alvin C. Warren, Jr.

 

NOTES

 

The Twenty-Sixth Amendment Enforcement Power

Eric S. Fish

 

“Done in Convention”: The Attestation Clause and the Declaration of Independence

Jesse Cross

 

COMMENT

 

Shifting the Burden in Software Licensing Agreements

Stephen S. Gilstrap