Recently added articles from The Yale Law Journal:
Presidential power over international law: restoring the balance.
Nov 01, 2009; ... <Pre> ARTICLE CONTENTS INTRODUCTION I. THE POWER OF THE PRESIDENT TO MAKE UNILATERAL INTERNATIONAL LAW A. The Scope and Legal Foundation of Executive Agreements B. Ex Ante Congressional-Executive Agreements II. LOOKING BACK: THE HISTORY OF THE PRESIDENT'S ...
Disastrously misunderstood: judicial deference in the Japanese-American cases.
Nov 01, 2009; ... <Pre> NOTE CONTENTS INTRODUCTION I. HISTORY OF THE JAPANESE-AMERICAN CASES A. Background of the Japanese-American Cases B. Holdings of the Japanese-American Cases II. ROLE OF JUDICIAL DEFERENCE IN THE JAPANESE-AMERICAN CASES A. Definition of Judicial Deference ...
Created in its image: the race analogy, gay identity, and gay litigation in the 1950s-1970s.
Nov 01, 2009; ... <Pre> NOTE CONTENTS INTRODUCTION I. A NOTE ON THEORY: GAY IDENTITY AND HISTORY II. DENYING GAY "IDENTITY" A. Early Gay Activists and the Denial of Identity 1. A False Start 2. Eliding Group-Based Arguments: Due Process and First A...
A case for varying interpretive deference at the state level.
Nov 01, 2009; ... The rules governing a court's interpretation of a statute should depend heavily on where that court is situated within the judicial institutional framework. The varying degrees of interpretive deference that should be shown to federal agencies by federal courts and state agencies by state ...
Proposing a place for politics in arbitrary and capricious review.
Oct 01, 2009; ... <Pre> ARTICLE CONTENTS INTRODUCTION A FOCUS ON EXPERT, NOT POLITICIZED, AGENCY DECISIONMAKING A. The Judiciary's Search for Expert-Based Decisionmaking B. Agencies' Focus on Technocratic Factors C. Scholars' Acceptance of the Push for Expertise II. THE BENEFITS OF ...