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, ...

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 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 ...

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 ...

abstract. Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the 1946 Administrative Procedure Act’s “most ...

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 ...

There is no antitrust law without antitrust law enforcement. Unlocking Antitrust Enforcement contends that existing tools to advance antitrust enforcement are well-suited to confront today’s U.S.

“Democracy’s Distrust” explores how the Supreme Court has eroded voting rights and weakened democracy. It argues that the Court prioritizes candidates and legislatures over voters, fostering public ...

The Yale Law Journal - William N. Eskridge, Jr. William N. Eskridge, Jr. Feature In light of Hively, Evans, and Zarda, this Feature argues that Title ...

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 - ...

abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...