Search for: "Yale Law Journal"
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8 Jul 2024, 4:00 am
Siegel & Mary Ziegler, Abortion's New Criminalization—A History-And-Tradition Right to Healthcare Access After Dobbs and the 2023 Term, (Yale Law School, Public Law Research Paper (July 1, 2024).Peter J. [read post]
4 Jul 2024, 9:05 pm
In a recent essay in the Duke Law & Technology Journal, Maura R. [read post]
3 Jul 2024, 10:43 am
There is also a strong incentive to push the law further in this direction. [read post]
3 Jul 2024, 10:39 am
The post Looks Like We Don’t Need the “Major Questions” Doctrine Any More, by Jamie Conrad appeared first on Yale Journal on Regulation. [read post]
1 Jul 2024, 12:39 pm
Circuit appeared first on Yale Journal on Regulation. [read post]
1 Jul 2024, 4:05 am
Anne Alstott, Melisa Olgun, Henry Robinson & Meredithe McNamara, "Demons and Imps": Misinformation and Religious Pseudoscience in State Anti-Transgender Laws, 35 Yale Journal of Law & Feminism 223-288 (2024). [read post]
30 Jun 2024, 1:07 pm
Patrick Reidy (who is also a Catholic priest) recently published an article in the Yale Law Journal arguing that YIGBYism is required by constitutional and statutory laws protecting religious liberty. [read post]
30 Jun 2024, 9:40 am
” The post Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations appeared first on Yale Journal on Regulation. [read post]
30 Jun 2024, 5:03 am
The post Supreme Court Confirms Judicial Supremacy Over Democracy and Expertise, by Joshua Sarnoff appeared first on Yale Journal on Regulation. [read post]
29 Jun 2024, 6:00 am
In a recent study in the Yale Law Journal, I brought to light major legislation of 1798 that delegated broadly, yet was coercive and domestic: the “direct tax” on all real estate nationwide, which empowered federal boards to revise the taxable values of land parcels on a mass regional basis “as shall appear to be just and equitable”—a delegation that elicited no constitutional objections. [read post]
28 Jun 2024, 9:30 pm
Over at the New Republic: John Fabian Witt (Yale Law School) reviews Aziz Rana's The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (University of Chicago Press, 2024). [read post]
28 Jun 2024, 1:56 pm
Let’s unpack the separate opinions and their implications for the future of administrative law. [read post]
28 Jun 2024, 12:23 pm
Sobkowski appeared first on Yale Journal on Regulation. [read post]
28 Jun 2024, 10:51 am
First, John Roberts writes that the relevant SEC enforcement actions implicate the Seventh Amendment because the agency’s antifraud provisions mirror common law fraud. [read post]
28 Jun 2024, 10:44 am
The post Third Party Releases and the Moral Limits of Finality in Bankruptcy Court, by Elise Bernlohr Maizel appeared first on Yale Journal on Regulation. [read post]
28 Jun 2024, 8:55 am
Felipe Jiménez (USC Gould School of Law) has posted Tradition in Constitutional Adjudication (Forthcoming, Yale Journal of Law and the Humanities) on SSRN. [read post]
27 Jun 2024, 9:30 pm
Parrillo, Yale Law School, has posted Nondelegation, Original Meaning, and Early Federal Taxation: A Dialogue With My Critics, which appears in the Drake Law Review 71 (2024): 367-434Proponents of toughening the nondelegation doctrine invoke original meaning. [read post]
27 Jun 2024, 9:05 pm
In an essay published in the Notice & Comment blog of the Yale Journal on Regulation, Lev Menand, an associate professor at Columbia Law School, and Tim Wu, the Julius Silver Professor of Law, Science and Technology at Columbia Law School, argued that a Federal Trade Commission (FTC) trade regulation preventing employers from enforcing non-compete agreements against their employees did not violate the major questions doctrine and would not be deemed… [read post]
27 Jun 2024, 2:08 pm
” The majority concludes that a civil penalty under securities law is essentially a common law fraud lawsuit, and Congress’s attempt to codify it just makes it “a common law suit in all but name. [read post]
27 Jun 2024, 12:52 pm
EPA and the Future of APA Arbitrariness Review appeared first on Yale Journal on Regulation. [read post]