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Had the critical legal studies movement never existed, it would have to be invented today. That movement framed law as a forceful instrument of domination but one compatible with both functional and interpretative underdeterminacy.
This document contains the style guidelines for the Yale Law Journal, Volume 123, based on The Bluebook, Chicago Manual of Style, and GPO Style Manual. It covers citation form, punctuation, grammar, and other matters of style for the Journal's articles and notes.
Systemic Triage: Implicit Racial Bias in the Criminal Courtroom
A review of a book that exposes the overt racism in the Cook County criminal justice system. The reviewer argues that implicit racial biases are also a problem, especially under conditions of systemic triage.
Yale Law Journal - Natural Rights and the First Amendment
This article explores the historical meanings of speech and press freedoms at the Founding, arguing that they were grounded in a multifaceted understanding of natural rights. It challenges the Supreme Court's claim that the First Amendment reflects an original judgment about the proper scope of expressive freedom.
The Style Guide of the Yale Law Journal provides detailed instructions on how to cite sources and format legal writing according to The Bluebook and the Chicago Manual of Style. It also includes Journal-specific guidelines and examples for various types of citations, quotations, abbreviations, and capitalization.
Tort Law Inside Out - Yale Law Journal
Oct 7, 2017 · 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 internal purpose. It is time to revisit tort on its own terms. This …
The Overreach of Limits on “Legal Advice” - Yale Law Journal
Jan 3, 2022 · Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due-process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than …
Corruption in Our Courts: What It Looks Like and Where It Is Hidden
118 Yale L.J. 1900 (2009). Recent surveys and events indicate that judicial corruption could be a significant problem in the United States. This Note builds an economic model of bribery to better understand the incentives behind this pernicious phenomenon. It then compiles a data set of discovered incidents of judicial bribery in the United States to test the effectiveness of our anti …
Equity as Meta-Law - Yale Law Journal
The author argues that equity is a special part of the law that solves complex and uncertain problems by going to a new level of law, or meta-law. He explores how equity operates on a domain of fraud, accident, and mistake, and employs triggers such as bad faith and disproportionate hardship to toggle into a meta-mode of more open-ended scrutiny.
On Evidence: Proving Frye as a Matter of Law, Science, and History
This Essay is a cautionary tale about what the law does to history. It uses a landmark ruling about whether scientific evidence is admissible in court to illustrate how the law renders historical evidence invisible. Frye v. United States established one of the most influential rules of evidence in the history of American law. On the matter of expert testimony, few cases are more cited …