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the yale law journal home print archive forum submissions masthead about contact contact ylj alumni subscriptions article the unconstitutional conditions vacuum in criminal procedure kay l levine jonathan remy nash robert a schapiro the supreme court applies the unconstitutional conditions doctrine in many contexts but has declined to extend the doctrine to criminal procedure where people accused of crime are often asked to and often do surrender their rights this approach undermines such rights and harms people who most need judicial protection 31 mar 2024 constitutional law criminal law criminal procedure article property and sovereignty in america a history of title registries jurisdictional power k sue park what is the source of jurisdictional power or the power to say what the law is and give it force in a territory this article examines how this fundamental attribute of sovereignty historically arose in america from property and property institutions especially the local mundane overlooked and bureaucratic title registry 31 mar 2024 legal history property feature evidence based transitional justice incorporating public opinion into the field with new data from iraq and ukraine mara revkin ala alrababah rachel myrick this feature advances evidence based transitional justice policies and programs in societies emerging from armed conflict authoritarianism and other widespread human rights violations it does so through a systematic review of more than 300 empirical studies of public attitudes and new insights from the authors original surveys in ukraine and iraq 31 mar 2024 international law human rights law note the second amendment on board public and private historical traditions of firearm regulation joshua hochman this note argues that in second amendment adjudication courts may regard sources of analogical precedent other than statutes as evidence of the nation s historical tradition of firearm regulation it surveys regulations enacted by nineteenth century railroad corporations and finds a historical tradition of regulating firearm carriage in public transportation 31 mar 2024 second amendment constitutional law legal history note apprendi punishment and a retroactive theory of revocation jaewon chris kim this note argues that revocations of supervised release violate the right to a jury trial under apprendi v new jersey rather than attempting to demonstrate that the sixth amendment directly applies to revocation proceedings it finds that revocations unconstitutionally circumvent the jury trial used to secure a person s conviction 31 mar 2024 criminal law criminal procedure constitutional law civil rights law recent collection doing history after dobbs applications implications and critiques of dobbs s historical methodology 11 apr 2024 constitutional law legal history reproductive rights forum brandeisian banking kathryn judge for much of the twentieth century banking law used an array of carrots and sticks to create a banking system that was both very stable and highly decentralized this history is key to understanding how banking law has and could again serve brandeisian aims 01 apr 2024 banking law antitrust law collection revitalizing state constitutions a turning point for state and federal constitutional rights 21 nov 2023 collection seventh annual student essay competition 13 mar 2024 family law collection exchange war powers and interbranch checks 08 mar 2024 congress executive power separation of powers article the unabridged fifteenth amendment travis crum the fifteenth amendment is usually an afterthought compared to the fourteenth amendment this oversight is perplexing the fifteenth amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the vra this article completes the historical record providing an unabridged accounting of the fifteenth amendment s adoption 29 feb 2024 constitutional law legal history civil rights law antidiscrimination law featured content collection lock them up holding transnational corporate human rights abusers accountable in the increasingly globalized modern economy large corporate actors have long operated with relative impunity for transnational human rights abuses committed in the name of profit maximization this collection explores perspectives from a range of voices engaged in the fight for corporate accountability in both the united states and abroad 22 dec 2022 human rights law international law collection administrative law at a turning point administrative law faces a critical juncture settled doctrines ranging from deference to agency interpretations of statutes to delegations of executive power have been destabilized and earlier this year justice breyer himself an administrative law scholar retired from the supreme court we publish this collection as a tribute to his judicial legacy 21 nov 2022 administrative law collection law and movements clinical perspectives as law school clinics assume a growing role in legal education instructors students and community partners have used clinics to test novel sometimes radical lawyering approaches this collection draws from those experiments using case studies from family defense immigration and worker rights to explore the relationship between law and social movements 18 nov 2022 family law immigration law news 11 apr 2024 announcing the ylj academic summer grants program 25 jan 2024 announcing the editors of volume 134 12 sep 2023 announcing the first year editors of volume 133 23 apr 2023 announcing the seventh annual student essay competition older news subscription contact terms of use privacy statement member login copyright 2024 the yale law journal all rights reserved design by point five built by tierra innovation