abstract. In the past two years, the Supreme Court has invalidated two major executive-branch initiatives—the termination of the Deferred Action for Childhood Arrivals (DACA) policy and the addition ...
111 Yale L.J. 399 (2001)A veil of ignorance rule (more briefly a "veil rule") is a rule that suppresses self-interested behavior on the part of decisionmakers; it does so by subjecting the ...
abstract. Ten years after the passage of the Mental Health Parity and Addiction Equity Act (MHPAEA), parity between mental health/substance use disorders and medical/surgical benefits remains elusive.
In fact, Professor Amar and I are both “popular sovereigntists.” That is, we both take seriously the idea that the Constitution must be seen and read as a product of democratic self-lawgiving. This ...
114 Yale L.J. 1997 (2005)In a widely discussed empirical study, Richard Sander concludes that affirmative action at U.S. law schools causes blacks to fail the bar. If correct, this conclusion would ...
115 Yale L.J. 2633 (2006) ...
author. District Judge, United States District Court for the Southern District of New York; Law Clerk for Justice David H. Souter, 2003-03. I had the distinct privilege of clerking for Associate ...
abstract. A rebirth of American education occurred in the state constitutional conventions of the Reconstruction South. At a moment of national constitutional reformation, biracial coalitions of ...
120 Yale L.J. 1734 (2011). This Feature is an adaptation of chapter 3 of a forthcoming book, America’s Unwritten Constitution, which in turn is a sequel to a 2005 book, America’s Constitution: A ...
century. Together, these books define the core curriculum of what might be called the modern Yale School of Constitutional Interpretation.3 The publication of Alexander Bickel’s The Least Dangerous ...
115 Yale L.J. 2015 (2006) ...