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Site URL: www.yalelawjournal.org

Feed URL: www.yalelawjournal.org/rss

Posts: 10

Followers: 1

When the Sovereign Contracts: Troubling the Public/Private Distinction in International Law

Published: April 30, 2024 04:00

The distinction between a state’s public and private acts is flimsy and unclear. Choosing to see an act as essentially private or public often obscures the other features that complicate that characterization. And selectively recognizing the private…

Prisons as Laboratories of Antidemocracy

Published: April 30, 2024 04:00

Jeffrey Bellin's Mass Incarceration Nation robustly analyzes how state and federal policies have combined to drive up prison populations. Mass incarceration represents a failure of democracy, but the repressive policies of American prisons represent an…

Ghostwriting Federalism

Published: April 30, 2024 04:00

Drawing on interviews and historical accounts, this Article explains how federal agencies help states write legislation. Even as the Supreme Court has curtailed administrative power in the name of federalism, this Article shows how agency collaborations…

Resisting Mass Immigrant Prosecutions

Published: April 30, 2024 04:00

Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This Article documents, analyzes, and draws lessons from immigrants’ defiance. In particular, the battles in…

Constructing AI Speech

Published: April 22, 2024 04:00

This Essay advocates for a “legal construction of technology” approach to AI speech, challenging the notion that technology disrupts law and emphasizing how law shapes technology based on societal value. Applying the method to four different legal…

How to Get the Property Out of Privacy Law

Published: April 22, 2024 04:00

Privacy law emphasizes control over “your” data, but requiring consent for each data use is unprincipled, not to mention utterly impractical in the AI era. American lawmakers should reject the property model and use a framework that creates defined zones…

The Ethics and Challenges of Legal Personhood for AI

Published: April 22, 2024 04:00

AI’s increasing cognitive abilities will raise challenges for judges. “Legal personhood” is a flexible and political concept that has evolved throughout American history. In determining whether to expand that concept to AI, judges will confront difficult…

Can We Save Our Foodways? The Inflation Reduction Act, Climate Change, and Food Justice

Published: April 17, 2024 04:00

This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers.  It also argues for how the next Farm Bill can expand upon…