Recently added articles from The Yale Law Journal:
The case for symmetry in creditors' rights.
Mar 01, 2009; ... <Pre> ARTICLE CONTENTS INTRODUCTION I. THE ECONOMICS OF SYMMETRY AND ASYMMETRY IN ASSET PARTITIONING A. A Simple Model of Asset Partitioning B. Asset Partitioning and Appraisal Costs C. Asset Partitioning and Creditor Monitoring1. Monitoring as a Response ...
Federalization in information privacy law.
Mar 01, 2009; ... <Pre> FEATURE CONTENTS INTRODUCTION I. THE VERTICAL AND HORIZONTAL DIMENSIONS OF INFORMATION PRIVACY REGULATION II. STATE-FEDERAL DYNAMICS IN INFORMATION PRIVACY LAW A. Quasi-Constitutional Provisions B. "Federal-First" Regulatory Responses C. Federal ...
Preemption and privacy.
Mar 01, 2009; ... <Pre> FEATURE CONTENTS INTRODUCTIONI. THE PAST AND PRESENT OF INFORMATION PRIVACY LAW A. The Roots of Privacy Law B. Omnibus and Sectoral Privacy Laws: U.S. and European Regulatory Paths 1. The U.S. Path 2. The EU Path C. Recent ...
Popular constitutionalism, civic education, and the stories we tell our children.
Mar 01, 2009; ... <Pre> NOTE CONTENTS INTRODUCTION I. POPULAR CONSTITUTIONALISM, JUDICIAL SUPREMACY, AND CONTEMPORARY CONSTITUTIONAL CULTURE A. Reviving a Lost Tradition B. A Friendly Amendment: "Democratic Constitutionalism" C. The Rise of Judicial Supremacy II. ...
Original jurisdiction deadlocks.
Mar 01, 2009; ... Although nine Justices sit on the Supreme Court, absences or vacancies (or both) sometimes require that fewer than nine Justices preside over a case. When the number of missing Justices is odd (and the number of presiding Justices therefore even), there arises the possibility of a tie vote ...
Olmstead v. L.C. and the Voluntary Cessation Doctrine: toward a more holistic analysis of the "effectively working plan".
Mar 01, 2009; ... Disability advocates have heralded Olmstead v. L.C. (1) as "the Brown v. Board of Education for the law of disability discrimination." (2) Olmstead concerned a pair of women with mental illnesses institutionalized at a state psychiatric hospital. State medical employees agreed that both ...
Suspension as an emergency power.
Jan 01, 2009; ... <Pre> ARTICLE CONTENTS INTRODUCTION I. DEBATING WHAT IT MEANS TO SUSPEND THE PRIVILEGE II. THE CONCEPTION OF SUSPENSION AT THE FOUNDING A. The English Origins of the Great Writ and the Suspension Power B. Pre-Convention American Suspensions C. The Suspension Clause in ...
Gangs in the military.
Jan 01, 2009; ... <Pre> NOTE CONTENTS INTRODUCTION I. THE CRIMINAL GANG THREAT A. Gang Members in the United States Military B. Crimes Committed by Gang-Affiliated Service Personnel C. Implications of Gang Activity in the Military II. EXISTING MILITARY POLICIES ADDRESSING GANG ...
Privatizing democracy: promoting election integrity through procurement contracts.
Jan 01, 2009; ... <Pre> NOTE CONTENTS INTRODUCTION 1. THE FEDERAL IMPERATIVEA. Legitimacy ExternalitiesB. Resource Disparities II. PUBLIC AND PRIVATE ACCOUNTABILITY PROBLEMSA. The Katherine Harris ProblemB. The Stunted Market Problem III. PROCUREMENT CONTRACTS AS AN ...
Constructive notice under the Family and Medical Leave Act.
Jan 01, 2009; ... John Byrne had been a model employee for more than four years before he began to abandon his workstation to sleep on the job. (1) His employer, Avon Products, discovered his behavior and fired Byrne for misconduct when he failed to show up for a scheduled meeting to discuss it. The day of ...
Clearing the smoke from Philip Morris v. Williams: the past, present, and future of punitive damages.
Dec 01, 2008; ... <Pre> ARTICLE CONTENTS INTRODUCTION I. THE END OF TOTAL HARM PUNITIVE DAMAGES II. PROCEDURE, SUBSTANCE, AND THE INADEQUACY OF WILLIAMS A. Was the Williams Court's Purported Reliance on Procedural Due Process Just a Ruse? B. The Williams Court's ...
Learning through policy variation.
Dec 01, 2008; ... <Pre> ARTICLE CONTENTS INTRODUCTIONI. THEORIES OF PUBLIC POLICYMAKING II. CHOOSING POLICIES FROM AN OPTIMAL SEARCH PERSPECTIVE: THEORY AND APPLICATIONS A. The Theory of Optimal Search B. Factors Influencing the Optimal Degree of Policy Variance C ....
Is there a place for religious charter schools?
Dec 01, 2008; ... <Pre> NOTE CONTENTS INTRODUCTION I. DEFINING AND EXAMINING RELIGIOUS CHARTER SCHOOLS A. Definitional Frameworks B. Tarek ibn Ziyad Academy, Inver Grove Heights, Minnesota C. Ben Gamla Charter School, Hollywood, Florida II. THE EROSION OF IDEOLOGICAL AND LEGAL ...
The ideology of authorship revisited: authors, markets, and liberal values in early American copyright.
Nov 01, 2008; ... <Pre> ARTICLE CONTENTS INTRODUCTIONI. ORIGINAL AUTHORSHIP AND COPYRIGHT LAW II. THE PUBLISHER'S PRIVILEGE IN AUTHORIAL HANDS: AMERICAN COPYRIGHT AT THE END OF THE EIGHTEENTH CENTURY III. CREATION EX NIHILO?: ORIGINALITY A. The Strange Career of Originality B ....
The Anders brief in appeals from civil commitment.
Nov 01, 2008; ... NOTE CONTENTS INTRODUCTION <Pre> I. CIVIL COMMITMENT AND ANDERS: A DOCTRINAL SYNTHESIS A. Physical Liberty as the Touchstone of the Right to Counsel B. Counsel in Civil-Commitment Appeals: Cutting Anchor with the Sixth Amendment C. A Right ...
John Doe subpoenas: toward a consistent legal standard.
Nov 01, 2008; ... <Pre> NOTE CONTENTS INTRODUCTIONI. WHAT IS A JOHN DOE SUBPOENA? A. The Qualified Privilege of Anonymous Speech B. From John Doe Pleading to John Doe Subpoenas C. The Unique Features of John Doe Subpoenas II. DISTINGUISHING ONLINE HARASSMENT FROM ...
The sentence imposed versus the statutory maximum: repairing the Armed Career Criminal Act.
Nov 01, 2008; ... Desmond Akil Smith was a twenty-two-year-old star offensive lineman on the Clemson University football team. During his junior year, undercover police officers caught him in a drug bust. In a two-week period, Smith sold marijuana three times to undercover operatives within a half-mile of ...
Buying an audience: justifying the regulation of campaign expenditures that buy access to voters.
Nov 01, 2008; ... This Comment suggests a new constitutional approach to the regulation of political expenditures. The approach pushes beyond the question of whether political expenditures are more like "speech" or more like "property" (1) and instead focuses on which types of expenditures fit into each ...
The price of public action: constitutional doctrine and the judicial manipulation of legislative enactment costs.
Oct 01, 2008; ... <Pre> ARTICLE CONTENTS INTRODUCTION I. THE THEORY OF ENACTMENT COST MANIPULATION A. The Inevitability of Balancing and the Problem of Uncertainty B. Enactment Costs and the Implementation of the Constitution C. The Theory's Domain1. Preferences2 ....
Normative canons in the review of administrative policymaking.
Oct 01, 2008; ... <Pre> INTRODUCTION I.THE PROBLEM: COMPETING METHODS FOR RESOLVING STATUTORY AMBIGUITYA. The Judicial Tools of Statutory InterpretationB. Statutory Interpretation After ChevronC. The Tension Between Canons and Chevron II. THE EXISTING APPROACH: ...