Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...
This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures ...
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 ...
120 Yale L.J. 2028 (2011). Today, many Americans blame polarizing conflict over abortion on the Supreme Court. If only the Court had stayed its hand or ...
117 Yale L.J. 1802 (2008). The Individuals with Disabilities Education Act (IDEA) has been widely celebrated for providing millions of disabled children with ...
114 Yale L.J. 273 (2004) This Essay offers a framework to explain large-scale effective practices of sharing private, excludable goods. It starts with case ...
122 Yale L.J. 980 (2013). The debate over the Senate filibuster revolves around its apparent conflict with the principle of majority rule. Because narrow ...
119 Yale L.J. 1703 (2010).Copyright 2025 The Yale Law Journal. All rights reserved Designed by Point Five. Build by Tierra Innovation ...
112 Yale L.J. 1179 (2003) Focusing a discussion of intellectual property on a 300-year-old text may seem unusual, but John Locke's Two Treatises of Government ...
120 Yale L.J. 144 (2010). Federal prosecutors are subject to a bewildering array of ethical regulations ranging from state ethical codes to local rules ...
abstract. A tide of skepticism of the administrative state has been rising among members of the judiciary and the academy. Uncomfortable with the ways doctrines like Chevron and Auer seem to leave ...