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As law-school clinics assume a growing role in legal education, instructors, students, and community partners have used clinics to test novel, sometimes radical lawyering approaches. This Collection draws from those experiments, using case studies from family defense, immigration, and worker rights to explore the relationship between law and ...
Yale Law Journal - Natural Rights and the First Amendment
Natural Rights and the First Amendment. abstract. The Supreme Court often claims that the First Amendment reflects an original judgment about the proper scope of expressive freedom. After a century of academic debate, however, the meanings of speech and press freedoms at the Founding remain remarkably hazy.
Yale Law Journal - The Unabridged Fifteenth Amendment
The Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the VRA. This Article completes the historical record, providing an unabridged accounting of the Fifteenth Amendment’s adoption.
SR 3.2 Internal Cross-References. 3.2.1—In footnotes in which an internal cross-reference is used in a textual sentence, always use “supra” or “infra” immediately preceding the cross-reference (i.e., without a preposition like “in” or “at”). Subsections are the lowest unit that can be used in a cross-reference.
Yale Law Journal - Deciphering the Commander-in-Chief Clause
The Commander-in-Chief Clause is chock-full of absolute and exclusive military powers, 1 or so our modern Executive insists. And, like a procrastinator’s to-do list, the catalog of such powers grows ever longer. In peace and in war, with something approaching the regularity of a military march, the Executive invokes the Clause to commandeer ...
Yale Law Journal - The Perils and Promise of Public Nuisance
Public nuisance can seem unusual, even outlandish. At worst, it is a potentially capacious mechanism that allows executive-branch actors to employ the judicial process to address legislative and regulatory problems. Nevertheless, its perils are easily overstated and its promise often overlooked. Historically, public nuisance has long addressed ...
Tort Law Inside Out - Yale Law Journal
Oct 7, 2017 · Tort Law Inside Out. abstract. For more than a century, scholars have been looking at tort law from the outside in. Theorists committed to external goals like efficient allocation of resources or moral justice have treated tort as a mere vehicle for the achievement of their policy preferences, rather than as a body of law with a discernible ...
1 THE YALE LAW JOURNAL VOLUME 131 STYLE GUIDE The Yale Law Journal follows The Bluebook: A Uniform System of Citation (21st ed. 2020) for citation form and the Chicago Manual of Style (17th ed. 2017) for stylistic matters not addressed by The Bluebook.For the rare situations in which neither of these works covers a particular stylistic matter, we refer to the
Yale Law Journal - The Constitutionality of Civil Forfeiture
Introduction. Everyone knows that the law denies people property rights in illegal drugs and other contraband. 1 But nonlawyers sometimes are startled to learn that the law also strips people of property rights in everyday items that simply have been used in a prohibited way. For instance, when someone transports illegal drugs in a car, the …
The Overreach of Limits on “Legal Advice” - Yale Law Journal
Jan 3, 2022 · This Essay argues that current definitions and applications of “legal advice” are overly and unnecessarily broad, confusing those bound by them, severely disadvantaging pro se litigants, undermining the purpose of such limitations, and, in more extreme cases, implicating due-process concerns expressed by the Supreme Court in Turner v ...