abstract. In the formative periods of American “open government” law, the idea of transparency was linked with progressive politics. Advocates of transparency understood themselves to be promoting ...

Labor and Employment Law • Gender and Sexual Orientation • Antidiscrimination Law ...

This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. Corporate technologies require the support of a powerful state with the ...

Everyone believes that immigration law has been exceptional since its late nineteenth-century birth—insulated from judicial review by the Court’s creation of the “plenary power doctrine.” But early ...

abstract. There is a widespread perception that class receives no special protection under the Fourteenth Amendment. That perception arose forty years ago, when the Supreme Court shifted to the right, ...

abstract. Common wisdom has it that bureaucrats are unaccountable to the people they regulate and must therefore be closely supervised by elected officials or (perhaps ironically) the federal courts.

abstract. This Feature deepens and seeks to provide a foundation for the current broadening in the anti-trust debate and, ultimately, in adjacent areas relating to market organization. As normative ...

When Congress creates a statutory cause of action, some required elements of that cause of action may be considered “jurisdictional,” while others may not. The difference between jurisdictional and ...

abstract. Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many ...

author. Robert R. Slaughter Professor of Law, Yale Law School; Law Clerk for Justice Sandra Day O’Connor, 2006-07. In June 2007—as my year with Justice O’Connor began drawing to a close—she stopped by ...

The Yale Law Journal welcomes submissions of Notes, Comments, and Forum Essays from J.D. and M.S.L. students at Yale Law School. The Notes & Comments Committee reviews submissions only after each ...

abstract. For a decade and a half, Facebook has dominated the landscape of digital social networks, becoming one of the most powerful arbiters of online speech. Twenty-four hours a day, seven days a ...