For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
abstract. Private equity is moving aggressively into the legal sector, and the profession’s oversight infrastructure is wholly unprepared for this generational shift. To work around prohibitions ...
Private equity is investing in law firms through management-services organizations, split-entity structures that sidestep nonlawyer-ownership bans. The rules are not ready. This Essay offers the first ...
118 Yale L.J. 1256 (2009). This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state ...
abstract. Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is currently the backbone of thousands of opioid ...
Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine
abstract. On the final day of Justice Breyer’s tenure on the U.S. Supreme Court, the Court formally recognized the major questions doctrine, which requires an agency to point to “clear congressional ...
abstract. State public utility commissions are at the forefront of the clean-energy transition. These state agencies, which have jurisdiction over energy-generation resources, distribution systems, ...
abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...
Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic ...
abstract. Over the past generation, conflicting trends have reshaped the ownership of corporate equity on the one hand and corporate debt on the other. In equity, the two great trends have been the ...
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