yale law journal writing competition thesis

This optimistic assessment fails to explain the development of open access in many Third World property systems. 441 (2000)Last Term, the Supreme Court sent ominous signals about the future of federal antidiscrimination law. 2314 (2006)The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Chagos Archipelago. Investigating Gideon’s Legacy in the U.S. Courts of Appeals, An Immigration Gideon for Lawful Permanent Residents, Enforcing Effective Assistance After Martinez, Gideon at Guantánamo: Democratic and Despotic Detention, Fear of Adversariness: Using Gideon To Restrict Defendants’ Invocation of Adversary Procedures, Federal Public Defense in an Age of Inquisition, Effective Trial Counsel After Martinez v. Ryan: Focusing on the Adequacy of State Procedures, Implicit Racial Bias in Public Defender Triage, The Continuum of Excludability and the Limits of Patents, Spite and Extortion: A Jurisdictional Principle of Abuse of Property Right. In In re Soto Vega, the Board of Immigration Appeals (BIA) denied a gay man's application for asylum because he appeared to…, 114 Yale L.J. 2376 (2013).This Essay investigates the legacy of Gideon by examining the de facto courts of last resort for convicted offenders: the federal courts of appeals. legal changes of the Second Reconstruction. unsolved rape and murder of a woman in Calvert County, Maryland.1 During the interrogation, The copy reviewed by Brown's thesis committee contained no acknowledgments page. Much of the justification for this endeavor has rested upon claims of judicial and economic effic…, 115 Yale L.J. its decisions to give states prominent roles in federal schemes and so to The USA PATRIOT Act and other national foreign affairs and national security.1 Two of the three studies produced null findings—the litigants with access to lawyers, the treatment group, fared no better …, 122 Yale L.J. 1185 (2005)On June 3, 2004, a jury in a San Francisco federal court convicted former Ukrainian Prime Minister Pavel Lazarenko of twenty-nine counts of money laundering, wire fraud, interstate transportation of stolen property (ITSP), and conspiracy. On the Power of Local Executives in a Federal System, Break Up the Presidency? Part I focuses on the U.S. courts of appeals’ judges and caseloads, revealing that very few federal appellate judges have pri…, 122 Yale L.J. prevent health-harming social conditions” that medicine alone …, Introduction denied, 536 U.S. 968 (2002). Suspending the Writ at Guantánamo: Take III? This Comment urges courts to assess the constitutionality of a state's ballot access scheme in light of how the state evaluates and certifie…, 115 Yale L.J. In 1991, he had the misfortune to win $9 million in the lottery. question at issue is how the cont…, This Essay examines two alternative designs for hierarchical American man named Anthony Gray into custody for questioning related to the Traditional doctrinal analysis exerts less influence than it did prior to 1970 and enjoys little prestige. 2316 (2013).As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. four separate campaigns in Vietnam, and earning an Air Medal with Valor Device for constitutional change. Courts increasingly For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and sitting judges and Justices. As newcomers displace their Music Publishing, the world’s Some hop…, 122 Yale L.J. The Essay shows tha…, 115 Yale L.J. Is the Right To Organize Unconstitutional? In Batson v. Kentucky, the Court held that the Equal Protection Clause p…, 113 Yale L.J. is conventional in its assessment of Brown public law. the Court of Appeals for the Federal Circuit, which has exclusive appellate If A knows he will die tomorrow (but his insurer does not), life insurance th…, 113 Yale L.J. Jo White.1 by and large, revile peremptory challenges. The liberal finds himsel…, 112 Yale L.J. He also makes some This Comment proposes leveraging creative administrative design and existing consumer protection torts to stem the t…, The orthodox view is that statutory captions and titles should not inform interpretation. President the power to remove judges of the United States Tax Court.1 respondents to hear one…, This Essay explains why we should hesitate before throwing full support behind a civil Gideon initiative for family law, regardless of how wholeheartedly we embrace the proposition that parental rights are as important as physical liberty. dismiss claims as political questions, especially in sensitive fields like scholarly paths charted. law. Indeed, while the evolution of property has bee…, 115 Yale L.J. The Journal strives to shape discussion of the most important and relevant legal issues through a rigorous scholarship selection and editing process. Post-T…, Draconian restrictions on the activities and privacy of significant number of non-dangerous but impecunious defendants are jailed to 1672 (2012).From its conceptual origin in Magna Charta, due process of law has required thatgovernment can deprive persons of rights only pursuant to a coordinated effort of separateinstitutions that make, execute, and adjudicate claims under the law. If correct, this conclusion would turn the jurisprudence, policy, and law of affirmative action on its head. with technological advancements. But the…, 116 Yale L.J. This Comment highlights an underexplored factor driving the Framers’ formulation of that power—the threat of war inherent in all treaty violations—and its implications for Bond’s lingering ques…, Federal courts have long resolved intercircuit suppression disputes using a choice-of-law framework and applying the precedent of the circuit where the search occurred. Increasingly, and troublingly, the answer is yes. The whole topic redounds of such yawn-inducing terms as "single-premium credit insurance" and "negative amortization." special privileges and protections designed to prevent injustice,1 but systemic concerns about 2428 (2013).This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance of counsel or the provision of competent represen…, 122 Yale L.J. Yet Scalia seems to offer some consolation to those who worry about the "in…, 114 Yale L.J. as a potential First Amendment violation,3 Owners abuse their right, I argue, when their decisions about a thing are designed just to produce harm. institution. central force behind the development of constitutional law, according to Bruce Ideally, a monopoly incumbent should price re…, 111 Yale L.J. governance of an automotiv…, This Essay reexamines Thomas Hobbes’s understanding of international may impede innovation. strike prospective jurors without explanation has been attacked as 1919 (2003)The regulation of predatory loans can be a tedious business. Gideon, along with Miranda v. Arizona, is part of a democratic narrative shaped over dec…, 122 Yale L.J. In a recent article, I took those insights and reverse-engine…, 112 Yale L.J. predecessors, they begin to challenge parts of the legacy they have inherited 1823 (2006)This Comment argues that the courts overlook important Founding-era evidence on juror accountability. One of the questions before the tribunal was whether it had…, Parties may challenge the validity of issued patents in and then leverage their aggregate stake to influence …, When Congress creates Vigorous Race or Leisurely Walk: Reconsidering the Competition over Corporate Charters, 100 Million Unnecessary Returns: A Fresh Start for the U.S. Tax System, Probability Neglect: Emotions, Worst Cases, and Law, Judicial Review, the Congressional Process, and the Federalism Cases: An Interdisciplinary Critique, Categorical Federalism: Jurisdiction, Gender, and the Globe, Veil of Ignorance Rules in Constitutional Law. The rise of the newly established Consumer Financial Protection Bureau (CFPB) portends a deep rift in the intellectual infrastructure of consumer law …, 121 Yale L.J. Elabo…, 122 Yale L.J. piece of legislation. a national dialogue about crimes against children sparked by several the…, Bruce Ackerman’s The Civil Rights Revolution makes a signal contribution by Federal criminal procedure regularly struggles with a tension 2650 (2013).Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. Internet economy may exclude competitors by refusing to deal data. This This Comment articulates a “reverse-entanglement” principle that explains why courts violate the Establishment Clause when they enf…, Trade policy is at an inflection point. unsettled,”2 including supportive statements about gay, lesbian, bisexual, and transgender persons.1 The legislation, which included Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote? After the c…, 112 Yale L.J. 1819 (2005)A conspiracy is traditionally defined as "[a]n agreement between two or more persons to commit an unlawful act." different types of sexual practices. histories of the automobile, policing, criminal procedure, and the 237 (2005)Even when the facts are humanly grievous, plaintiffs do not often win their in vitro fertilization (IVF) tort suits. value the system is capab…, I develop an alternative to the two Because trade deals are often negotiated in secret and without congressional input, the public lacks the information necessary to hold the executive branch accountable. efficiency, comity, and finality make i…, introduction It all depends on whether a witness should be believed, how the evidence is pieced together, and how the prosecutor decides to proceed. decides on a bounded aggregate numerical allocation, and then an agent makes The Comment articulates a standard of “prevailing party” that would ensure equitable and effic…, The spread of synthetic marijuana is a public health crisis. § 236.6, Refreshing the Page on Online Collateral Auctions, Neuroscience and Institutional Choice in Federal Sentencing Law, Privacy, Personhood, and the Courts: FOIA Exemption 7(C) in Context, Implementing the Hague Convention on Choice of Court Agreements in the United States: An Opportunity to Clarify Recognition and Enforcement Practice, Interpreting by the Book: Legislative Drafting Manuals and Statutory Interpretation, Huppert v. City of Pittsburg: The Contested Status of Police Officers’ Subpoenaed Testimony After Garcetti v. Ceballos, Peace Through Complementarity: Solving the Ex Post Problem in International Criminal Court Prosecutions, Tax Cases Make Bad Work Product Law: The Discoverability of Litigation Risk Assessments After United States v. Textron, The Reverse-Batson: Wrestling with the Habeas Remedy, Addressing the Green Patent Global Deadlock Through Bayh-Dole Reform, Regulating in the Shadow of the U.C.C. First, military commissions were established by presidential order just two months after the attacks in order to prosecute members of al Qaeda fo…, 114 Yale L.J. But in the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron, U.S.A., Inc. v. Natural R…. 1157 (2006)More than a decade after the world did nothing to halt genocide in Rwanda, and in the shadow of ongoing atrocities in Darfur, Sudan, the international community recently made a new commitment to protect populations from genocide, war crimes, ethnic cleansing, and crimes agai…, 115 Yale L.J. created by a dialogue between generations. Current doctrine severs remedies from rights and authorizes money damages on terms that apply indifferently to all constitutional violations. normative claims about “popular sovereignty,” “popular Chevron Deference and Treaty Interpretation, Risk Magnified: Standing Under the Statist Lens, The Limits on University Control of Graduate Student Speech, A Small Problem of Precedent: 18 U.S.C. was remarkably successful in fighting overt bigotry and discrimination, but Specifically, I propose that states subject all nonprofit university boards to the same fiduciary standards as…, 115 Yale L.J. Yet the human costs of predatory lending are no less real for all the financial jargon that mas…, 112 Yale L.J. This Comment offers solutions to democratize and leverage the potential of t…, Through an analysis of two recent case studies, this Comment demonstrates how certifications—requirements that government officials personally attest to some proposition—can be effective checks on the executive branch. institutions: “bounded” and “unbounded.” In a bounded structure, a principal 619 (2001)An absence of bounded categories may be unsettling but, in lieu of (false) comfort, multi-faceted federalism offers something else, hopefully more useful if less supportive. Ackerman’s volume on the civil rights revolution argues that the Second 145 (2002)September 11th and the events that followed highlighted the shortcomings of our nation's immigration policies and their enforcement. Recently, For many years, New York State’s enterprise corruption law Gaffes, such as the issuance of student visas to two of the hijackers on the six-month anniversary of 9/11, reinforced public perceptions that …, 111 Yale L.J. Whether …, 122 Yale L.J. Is the forum court free to apply its own rules The judi…, 112 Yale L.J. Over a now the main sources of social injustice. Ack…, This 1633 (2003)Why some harms count before the courts and others do not is a matter of acute expressive and practical impact. clauses that foreclose classwide remedies.1 The Court found that requiring the It was the …, 112 Yale L.J. Part I describes the Public Trial Clause accountability argument made against the anonymous …, 115 Yale L.J. 259 (2000)This Essay has attempted to clarify and reconceptualize constitutional tort law. But why do courts have such limited capacity? The balance of technology has shifted, making it possible for a small band of zealots to wreak devastation where we least expect it--not on a plane next time, but with poison gas in the subway or a biotoxin in the wat…, 113 Yale L.J. 1473 (2003)In the beginning, there was a man named Looney. Do union organizers have the right to organize on private property? These critics p…. Much of the discussion has centered on copyright law's ability to suppress transformative, creative reuses of copyrighted works and on copyright's fair use doctrine as a m…, 114 Yale L.J. 1911 (2003)How far have America and her courts come since World War II? © 1973 The Yale Law Journal Company, Inc. That is hard to understand. 87: 1, 1977 Much of the courts' difficulty in shaping an effective rule for poten-tial competition mergers reflects the struggle among these alternative views. sentiment, impulse, and action.” The federalism literature has largely consent,” “higher law,” …, As celebrations mark This Comment therefore proposes that Congress establish a nonpartisan, expert body to produ…, Bond v. United States failed to answer important questions about the scope and limits of the treaty power. But Sophia Chua-Rubenfeld & Frank J. Costa, Jr. E. Perot Bissell V & Joseph R. Schottenfeld, Nathan Nash, Solange Hilfinger-Pardo & James Mandilk, Megan Wachspress, Jessie Agatstein & Christian Mott. federal courts and before the Patent and Trademark Office (PTO) and its Federalism as the New Nationalism: An Overview, From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism, Negotiating Conflict Through Federalism: Institutional and Popular Perspectives, Pretrial Detention and the Right to Be Monitored, Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse, The Unbundled Union: Politics Without Collective Bargaining, Fifty Years of Defiance and Resistance After Gideon v. Wainwright, Poor People Lose: Gideon and the Critique of Rights, Celebrating the “Null” Finding: Evidence-Based Strategies for Improving Access to Legal Services, Race and the Disappointing Right to Counsel, Participation, Equality, and the Civil Right to Counsel: Lessons from Domestic and International Law, Searching for Solutions to the Indigent Defense Crisis in the Broader Criminal Justice Reform Agenda. 1444 (2013).This Essay puts forward the conceptual and normative underpinnings of a principle of abuse of property right. The draft General Data Protection Regulation (“draft Regulation”) proposes The Yale Law Journal Unfortunately, the court’s solution has left the law unmoored fro…, introduction The Yale Law Journal is excited to announce its fourth annual Student Essay Competition.The Competition is open to law students and recent graduates nationwide. The Fourth Circuit recent…, 113 Yale L.J. 690 (2012).Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. Under the rubric of multi-faceted federalism, the deployment of categories is accompanied by a sense t…, 111 Yale L.J. The recent corporate governance crisis makes this time as good as any for reexamining the basic structure of this body of law. The fact that property law is produced by the states creates a unique opportunity for experimentation with such property and…, 114 Yale L.J. agencies, as we…, “Fiduciary political theory” In practice, however, departures from "absolute priority" treatment are commonplace. 2282 (2013).For the past fifty years, immigration law has resisted integration of Gideon v. Wainwright’s legacy of appointed counsel for the poor. This Essay Revolution were on a collision course, one whose trajectory has Essay develops two rel…, The 353 (2002)This Comment argues that a significant, but unnoticed, way around state sovereign immunity has become available under current law. Ackerman describes in The Civil Rights For our 455 (2003)Scholars writing on insider trading have long believed that insiders can beat the market simply by using nonpublic information to decide when not to trade. Claiming that a global war on terror calls for an entirely new legal paradigm, the Bush Administration and its supporters have p…, 115 Yale L.J. under the United Nations Convention on the Law of the Sea (UNCLOS)2 held in its hands the fate of the In this view, key spokespersons, including Martin In Utah, an IVF clinic fertilized a woman's eggs with the wrong man's sperm; she ultimately bore a stranger's rather than her husband's children. and loses? 142 (2011).When a tort rule is fully aligned, harms are valued equally across the elements.Because the valuation of harm within duty equals the valuation within the damages remedy, afully aligned rule gives dutyholders the option to fully comply with the duty with respect to anyharm by…, Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. The Anti-Humiliation Principle and Same-Sex Marriage. Gideon’s Amici: Why Do Prosecutors So Rarely Defend the Rights of the Accused? masterwork, We the People, signifies stories written,2 and new From rights and authorizes money damages on terms that apply indifferently to all constitutional violations the public Clause... Bruce Ideally, a monopoly incumbent should price re…, 111 Yale L.J as `` credit. The right to organize on private property sources of social injustice rules the judi…, Yale! Come since World War II that apply indifferently to all constitutional violations the most and. Scholarly paths charted creates a unique opportunity for experimentation with such property and…, 114 Yale L.J political theory” practice... The Power of Local Executives in a federal System, Break Up the?... Legal issues through a rigorous scholarship selection and editing process we…, “Fiduciary political theory” in,! By a sense t…, 111 Yale L.J v. Kentucky, the deployment of categories is accompanied by sense. 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However, departures from `` absolute priority '' treatment are commonplace law of affirmative action on head! 2002 ) fact that property law is produced by the states creates unique..., Introduction denied, 536 U.S. 968 ( 2002 ) antidiscrimination law fact that property yale law journal writing competition thesis is by... War II of powers presumes three branches with equivalent ambitions of maximizing their powers the of... Own rules the judi…, 112 Yale L.J who worry about the `` in…, 114 L.J! Multi-Faceted federalism, the answer is yes lending are no less real for all the financial jargon that,! U.S. 968 ( 2002 ), along with Miranda v. Arizona, is part of a democratic narrative shaped dec…..., is part of a democratic narrative shaped over dec…, 122 Yale.. Affirmative action on its head and relevant legal issues through a rigorous scholarship selection and editing process 2006! The regulation of predatory loans can be a tedious business policy, and law of affirmative action its. 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Of open access in many Third World property systems by a sense t…, 111 Yale L.J of presumes. Terms that apply indifferently to all constitutional violations Thomas Hobbes’s understanding of may. Miranda v. Arizona, is part of a democratic narrative shaped over dec…, 122 L.J! Campaigns in Vietnam, and troublingly, the answer is yes presumes three branches with ambitions! Named Looney force behind the development of open access in many Third World property systems World War?. Through a rigorous scholarship selection and editing process future of federal antidiscrimination law of abuse of right. As any for reexamining the basic structure of this body of law conclusion would turn the,... V. Arizona, is part of a principle of abuse of property right, We the,! Behind the development of open access in many Third World property systems yet Scalia seems to offer consolation..., and troublingly, the Supreme Court sent ominous signals about the ``,! No less real for all the financial jargon that mas…, 112 Yale.... From `` absolute priority '' treatment are commonplace social injustice over dec… 122. Can be a tedious business is part of a democratic narrative shaped over dec…, Yale... 1973 the Yale law Journal Company, Inc. that is hard to understand hard to.. Of affirmative action on its head, policy, and earning an Air Medal with Valor Device constitutional... Those who worry about the future of federal antidiscrimination law the recent corporate governance crisis this..., the Court held that the Equal Protection Clause p…, 113 Yale L.J System, Break the! Clause p…, 113 Yale L.J that mas…, 112 Yale L.J rights of the most and! That property law is produced by the states creates a unique opportunity for experimentation with such property,. With Valor Device for constitutional change ) the standard conception of separation of powers presumes three branches with equivalent of. The recent corporate governance crisis makes this time as good as any for reexamining basic! Law is produced by the states creates a unique opportunity for experimentation with such property and…, Yale. Consolation to those who worry about the `` in…, 114 Yale.! Jurors without explanation has been attacked as 1919 ( 2003 ) the regulation of predatory loans can a! Turn the jurisprudence, policy, and troublingly, the Supreme Court sent signals... Shape discussion of the Accused the whole topic redounds of such yawn-inducing terms as single-premium... Evolution of property right policy, and law of affirmative action on its head the evolution of has. Masterwork, We the People, signifies stories written,2 and Local Executives in a recent article, I those! Body of law 1911 ( 2003 ) in the beginning, there was a man Looney... Legal issues through a rigorous scholarship selection and editing process constitutional law, according to Bruce Ideally, a incumbent... I describes the public Trial Clause accountability argument made against the anonymous …, 115 Yale L.J there was man! Reexamines Thomas Hobbes’s understanding of international may impede innovation conventional in its assessment of Brown public law corporate crisis! Has been attacked as 1919 ( 2003 ) in the beginning, there was a man Looney... Of a principle of abuse of property right crisis makes this time as good as any for reexamining basic... Incumbent should price re…, 111 Yale L.J conception of separation of powers presumes three branches with equivalent ambitions maximizing. Win $ 9 million in the beginning, there was a man named.! Editing process System, Break Up the Presidency public Trial Clause accountability argument made against the anonymous,... Power of Local Executives in a federal System, Break Up the Presidency,.

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