Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American ...

After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the expectations of regulatory beneficiaries. This Note defends that development ...

Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed ...

After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring religious accommodations, creating waves of new litigation. Latent in the doctrine, ...

Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes ...

The Yale Law Journal is thrilled to announce Volume 134’s Emerging Scholar of the Year: Kate Redburn. The Yale Law Journal’s Emerging Scholar of the Year Award celebrates the achievements of ...

arguments in Brown. Before the Court decided Brown, warnings against judicial overreach and comparisons to Lochner were aimed at those who sought ...

The Yale Law Journal - Forum: Congress’s Authority To Enact the Violence Against Women Act: One More Pass at the Missing Argument Congress’s ...

functioning democracy as the inheritance of future generations. This proposal reenvisions constitutional equality from the ground up: it centers on rectifying ...

Yale Law Journal - The Lost English Roots of Notice-and-Comment Rulemaking The Lost English Roots of Notice-and-Comment Rulemaking abstract. Notice-and-comment rulemaking is arguab Yale Law Journal - ...

Smuggling in Libya’s Territorial Sea When Stopping the Smuggler Means Repelling the Refugee: International Human Rights Law and the European Unions ...