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Full-Text Articles in Law

Protecting Deceptive Academic Research Under The Computer Fraud And Abuse Act, Brian Z. Mund May 2019

Protecting Deceptive Academic Research Under The Computer Fraud And Abuse Act, Brian Z. Mund

Yale Law & Policy Review

Professors Alan Mislove and Christo Wilson wanted to test a number of housing and employment website algorithms for the presence of hidden discrimination. While algorithms do not have any predisposition against any group, faulty programming can create deplorable discriminatory effects.2 Without testing, it can be difficult to tell which algorithms discriminate and on what grounds. Mislove and Wilson devised an "audit testing" model where researchers designed the profiles of two groups of paired individuals that are equally qualified in the market being studied. Under the "audit testing" model, one group consists of legally-protected minority members, and the other consists ...


Starving The Statehouse: The Hidden Tax Policies Behind States' Long-Run Fiscal Crises, Jeremy Pilaar May 2019

Starving The Statehouse: The Hidden Tax Policies Behind States' Long-Run Fiscal Crises, Jeremy Pilaar

Yale Law & Policy Review

In 2014, news of a water crisis in Flint, Michigan, shook the nation. Tests conducted after months of public complaints confirmed investigators' worst fears: the city's taps contained dangerously high levels of lead and had poisoned people for years. A wave of studies soon revealed that tens of thousands had been exposed to the neurotoxin. Children were among those most severely affected.


An Attack On America's Peacemakers Is An Attack On All Of Us: On The Importance Of Embracing Power Of Communities And Rejecting The Trump Administration's Attempt To Eliminate The Community Relations Service, Becky Monroe May 2019

An Attack On America's Peacemakers Is An Attack On All Of Us: On The Importance Of Embracing Power Of Communities And Rejecting The Trump Administration's Attempt To Eliminate The Community Relations Service, Becky Monroe

Yale Law & Policy Review

As images of neo-Nazis marching through our streets fill our screens, and reports of a growing number of hate crimes sweep the country, how can the Community Relations Service (CR5), a small component of the US Department of Justice created by the Civil Rights Act of 1964, help preserve democracy? What is at stake when the Trump Administration threatens to essentially eliminate CR5? This Essay describes the ways in which CRS not only helps communities address tension associated with discrimination, reduce the potential for violence, and prevent and respond more effectively to hate crimes, but also how its services help ...


Sexism In The Bathroom Debates: How Bathrooms Really Became Separated By Sex, W Burlette Carter May 2019

Sexism In The Bathroom Debates: How Bathrooms Really Became Separated By Sex, W Burlette Carter

Yale Law & Policy Review

This Article challenges two widely-embraced theories about how public intimate spaces (e.g, toilets, locker rooms, showers, etc. hereinafter called "bathrooms') first became separated by sex. The first challenged theory claims that the very first instance of sex-separation in public bathrooms occurred in 1739 at a ball held at a restaurant in Paris. Under this first view, sex-separation first emerged as a sign of upper-class gentility and elitism.


Law As Source: How The Legal System Facilitates Investigative Journalism, Roy Shapira May 2019

Law As Source: How The Legal System Facilitates Investigative Journalism, Roy Shapira

Yale Law & Policy Review

Legal scholars have long recognized that the media plays a key role in assuring the proper functioning of political and business markets Yet we have understudied the role of law in assuring effective media scrutiny. This Article develops a theory of law as source. The basic premise is that the law not only regulates what the media can or cannot say, but also facilitates media scrutiny by producing information.


The Problem Of Wage Theft, Nicole Hallett May 2019

The Problem Of Wage Theft, Nicole Hallett

Yale Law & Policy Review

Wage theft inflicts serious harm on America's working poor but has received little attention from policymakers seeking to address income inequality in the United States. This Article provides a comprehensive analysis of the causes of the wage theft crisis and the failure of the current enforcement regime to address it. It argues that existing policy reforms will fail, because they misunderstand the nature of the crisis and the incentives that employers face when deciding to steal workers' wages. It then proposes series of reforms that could work, while arguing that changing the economic calculus alone will be unlikely to ...


Just Environmentalism, Brigham Daniels, Michalyn Steele, Lisa Grow Sun May 2019

Just Environmentalism, Brigham Daniels, Michalyn Steele, Lisa Grow Sun

Yale Law & Policy Review

Thirty years ago, the environmental justice movement emerged as a powerful critique of traditional environmentalism, which had largely ignored the distribution of environmental harms and the ways in which those harms were concentrated on the poor and communities of color. This Article calls for a similarly groundbreaking reimagination of both mainstream environmental policy and environmental justice: we argue that, to truly embrace justice, environmentalists must take account, not only of the ways that environmental harms uniquely impact vulnerable populations but also of the costs that environmental protection imposes on the most vulnerable among us.


The Crime Of Causing Traffic: Can The Criminal Civil Rights Statutes Target Public Corruption?, Leslie B. Arffa May 2019

The Crime Of Causing Traffic: Can The Criminal Civil Rights Statutes Target Public Corruption?, Leslie B. Arffa

Yale Law & Policy Review

An unlikely statutory candidate has recently emerged to aid the federal prosecution of state and local public corruption: the criminal civil rights statutes. In the wake of newly placed limitations on other sources of criminal liability in this area, the government's reliance on these statutes may increase in the future. Given the contentious nature of the debate concerning the Justice Department's role in prosecuting both public corruption and civil rights crimes, the potential employment of this old statutory tool in a new area deserves more considerable attention.


Credit Ratings, Congress, And Mandatory Self Reliance, Zachary Mollengarden May 2019

Credit Ratings, Congress, And Mandatory Self Reliance, Zachary Mollengarden

Yale Law & Policy Review

Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires federal agencies to identify, remove, and replace all references to credit ratings in their regulations. It responds to longstanding concerns­ heightened by the recent financial crisis-that investors place undue reliance on the opinions of a small number of eminently fallible (and perhaps fundamentally conflicted) credit rating agencies. At first blush, the approach adopted in§ 939A appears commonsense: if one wishes to reduce reliance on credit ratings, amending regulations that compel investors to consult credit ratings seems like a straightforward place to start. This Note reconsiders: what appears ...


Ethnic Enclaves And The Zoning Game, John Mangin May 2019

Ethnic Enclaves And The Zoning Game, John Mangin

Yale Law & Policy Review

In today's economically vibrant and high-cost cities like New York, San Francisco, and Washington, D.C., housing growth and housing affordability are a function of two variables: zoning and politics. This Article focuses on both in an edge case-New York City's three fastest-growing ethnic and immigrant enclaves, where larger households, lower incomes, and greater place-dependence raise the stakes of the zoning game.


The Child Welfare And Education Gap, Eric Chung May 2019

The Child Welfare And Education Gap, Eric Chung

Yale Law & Policy Review

Given the overlapping interests between child welfare and education, one might expect federal laws and policies in these two areas to work in tandem. But in the United States, they have not. With food, nutrition, and early childhood programs among the few exceptions, welfare and education laws have largely been embodied in separate statutes and administered by different agencies. Since their advent and evolution from the 1900s to the present, welfare laws have become increasingly and predominantly concerned with regulating mothers and families, while education laws have become increasingly and predominantly concerned with regulating teachers and schools.


Fixing Foreclosure, Ann M. Burkhart May 2019

Fixing Foreclosure, Ann M. Burkhart

Yale Law & Policy Review

Since the American Revolution, mortgage foreclosures have consisted of a public auction of the mortgaged property. Judges and state legislators at the time believed that an auction was the best way to obtain a fair price for the land. Though that belief soon proved to be mistaken, the sale method remains unchanged.


Clean Food: The Next Clean Energy Revolution, Jonathan Lovvoron May 2019

Clean Food: The Next Clean Energy Revolution, Jonathan Lovvoron

Yale Law & Policy Review

The world is in the throes of a clean energy revolution. This revolution has led to the ongoing demise of coal, and a shift towards clean and efficient energy sources like wind and solar. Despite these advances, the process of producing food for human energy remains extraordinarily dirty and inefficient. This Essay explores what it would look like to graft clean energy policy onto the human food system. It discusses what is wrong with the standards by which we currently evaluate food policy and how we might apply a clean human energy or "clean food" standard instead. It concludes that ...


The Law Of Attribution: Rules For Attribution The Source Of A Cyber-Attack, Delbert Tran Apr 2019

The Law Of Attribution: Rules For Attribution The Source Of A Cyber-Attack, Delbert Tran

Yale Journal of Law and Technology

State-sponsored cyber-attacks are on the rise and show no signs of abating. Despite the threats posed by these attacks, the states responsible frequently escape with impunity because of the difficulty in attributing cyber-attacks to their source. As a result, current scholarship has focused almost exclusively on overcoming the technological barriers to attribution.


A Light In Digital Darkness: Public Broadband After Tennessee V. Fcc, Mikhail Guttentag Apr 2019

A Light In Digital Darkness: Public Broadband After Tennessee V. Fcc, Mikhail Guttentag

Yale Journal of Law and Technology

Ten years ago, the city of Chattanooga, Tennessee built its own high-speed Internet network, and today Chattanooga's publicly owned Internet infrastructure (''public broadband" or "municipal broadband'? is faster and more affordable than almost anywhere else in the world. In this Article, I make the case for why other communities currently underserved by private broadband providers should consider building their own high-speed broadband networks and treating Internet as an essential public service akin to water or electricity, and I explore means by which these communities can overcome the legal and political hurdles they may face along the way.


Lola V Skadden And The Automation Of The Legal Profession, Michael Simon, Alvin F Lindsay, Loly Sosa, Paige Comparato Apr 2019

Lola V Skadden And The Automation Of The Legal Profession, Michael Simon, Alvin F Lindsay, Loly Sosa, Paige Comparato

Yale Journal of Law and Technology

Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms and artificial intelligence technologies. Traditionally, the legal field has protected itself from technological disruptions by maintaining a professional monopoly over legal work and limiting the "practice of law" to only those who are licensed.


Paying Patients: Legal And Ethical Dimensions, Govind Persad Apr 2019

Paying Patients: Legal And Ethical Dimensions, Govind Persad

Yale Journal of Law and Technology

This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who might make such payments, including governments, employers, insurers, care providers, and private parties. It argues for two interrelated conclusions: first, that these payments should not be subject to blanket normative condemnation, and, second, that payments made in different settings and contexts frequently share underlying ...


Algorithmic Transparency For The Smart City, Robert Brauneis, Ellen P. Goodman Apr 2019

Algorithmic Transparency For The Smart City, Robert Brauneis, Ellen P. Goodman

Yale Journal of Law and Technology

As artificial intelligence and big data analytics increasingly replace human decision making, questions about algorithmic ethics become more pressing. Many are concerned that an algorithmic society is too opaque to be accountable for its behavior. An individual can be denied parole or credit, fired, or not hired for reasons that she will never know and which cannot be articulated. In the public sector, the opacity of algorithmic decision making is particularly problematic, both because governmental decisions may be especially weighty and because democratically elected
governments have special duties of accountability.


Prior Restraints And Digital Surveillance: The Constitutionality Of Gag Orders Issued Under The Stored Communications Act, Al-Amyn Sumar Apr 2019

Prior Restraints And Digital Surveillance: The Constitutionality Of Gag Orders Issued Under The Stored Communications Act, Al-Amyn Sumar

Yale Journal of Law and Technology

The First Amendment's prohibition on prior restraints on speech is generally understood to be near-absolute. The doctrine permits prior restraints in only a handful of circumstances, and tends to require compelling evidence of their necessity. The focus of this Article is the source of an unexpected but important challenge to this doctrine: government surveillance in the digital age. Recent litigation about the constitutionality of the Stored Communications Act (SCA) highlights that challenge. The SCA authorizes the government both to obtain a person's stored internet communications from a service provider and to seek a gag order preventing the provider ...


The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi Apr 2019

The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi

Yale Journal of Law and Technology

The pharmaceutical industry is in a state of fundamental transition. New drug approvals have slowed, patents on blockbuster drugs are expiring, and costs associated with developing new drugs are escalating and yielding fewer viable drug candidates. As a result, pharmaceutical firms have turned to a number of alternative strategies for growth. One of these strategies is "drug repurposing"-finding new ways to deploy approved drugs or abandoned clinical candidates in new disease areas.


Copyright And The Holocaust, Guy Pessach, Michal Shur-Ofry Apr 2019

Copyright And The Holocaust, Guy Pessach, Michal Shur-Ofry

Yale Journal of Law & the Humanities

This article explores the interface between copyright law and the Holocaust. The Holocaust's duration and scope, its occurrence in the midst of the twentieth century with photography and film technologies already available, and its setting at the heart of Europe, yielded countless documents, diaries, notes, memoirs, musical works, photographs, films, letters, and additional artifacts. On the victims' part, many of those items-including secret archives comprised at various ghettos, music composed in concentration camps, and personal diaries-manifest an explicit act of real-time historical documentation for future generations. On the perpetrators' side, some materials were produced as a result of organized ...


How To Realize The Value Of Stare Decisis: Options For Following Precedent, Nina Varsava Apr 2019

How To Realize The Value Of Stare Decisis: Options For Following Precedent, Nina Varsava

Yale Journal of Law & the Humanities

When courts deliberate on the implications of a precedent case in the adjudication of a new dispute, they generally frame the issue as if there are three paths through---{1) follow the precedent, (2) overrule, or (3) distinguish-without acknowledging that option number one contains its own garden of forking paths. My chief aim in this paper is to delineate and evaluate several options for following precedent. I show that we can respect the doctrine of precedent or stare decisis without committing to any one particular method. I argue further that we have good reason to refrain from endorsing any single ...


Wal-Mart V. Dukes: The Feminist Case Against Individualized Adjudication, Lisset M. Pino Mar 2019

Wal-Mart V. Dukes: The Feminist Case Against Individualized Adjudication, Lisset M. Pino

Yale Journal of Law & Feminism

Discussions of due process often focus on individualizing trials in order to provide persons an opportunity to be heard. In keeping with this traditional understanding, Justice Antonin Scalia’s majority opinion denying class certification in Wal-Mart v. Dukes describes class actions as “an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only.” This Comment grapples with the normative implications of the American legal focus on individualized (rather than collective) adjudication. It argues that the “usual rule” of individualized adjudication makes it much more difficult for the American legal system to ...


It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman Mar 2019

It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman

Yale Journal of Law & Feminism

Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to be disabled than the general elder population. Moreover, transgender elders profoundly fear a future when they must rely on others to maintain and protect their gender identity and dignity. This fear is alarmingly realistic because if a transgender elder becomes incapacitated or requires institutional care, they are likely to face discrimination and other harms by their caretakers.


White Slavery And The Crisis Of Will In The Age Of Contract, Sherally Munshi Mar 2019

White Slavery And The Crisis Of Will In The Age Of Contract, Sherally Munshi

Yale Journal of Law & Feminism

Recognizing human freedom is never as simple as acts of legal pronouncement might suggest. Liberal abstractions like freedom and equality; legal formulations of personhood, free will, and contract; the constructed divisions between public and private, self and other, home and market on which the former are predicated—these are often inadequate to understanding, let alone realizing, the shared aspirations they supposedly define. By the same token, the dense and dynamic relations of power that characterize any liberal society overwhelm and exceed our critical vocabulary. “Racism,” “sexism,” and “capitalism” powerfully name structures of inequality, but they fail to capture the full ...


Gender, Race & The Inadequate Regulation Of Cosmetics, Marie Boyd Mar 2019

Gender, Race & The Inadequate Regulation Of Cosmetics, Marie Boyd

Yale Journal of Law & Feminism

Scholars and other commentators have identified failures in the regulation of cosmetics-which depends heavily on voluntary industry self- regulation-and called for more stringent regulation of these products. Yet these calls have largely neglected an important dimension of the problem: the current laissez-faire approach to the regulation of cosmetics disproportionally places women, and particularly women who are members of other excluded groups, at risk. This Article examines federal cosmetics law and regulation through a feminist lens. It argues that cosmetics law and regulation have lagged behind that of the other major product categories regulated by the Food and Drug Administration under ...


Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown Mar 2019

Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown

Yale Journal of Law & Feminism

Crisis Pregnancy Centers (CPCs) adopt the look of medical practices-complete with workers in scrubs, ultrasound machines, and invasive physical exams-to deceive pregnant women into thinking they are being treated by licensed medical professionals. In reality, CPCs offer exclusively Bible- based, non-objective counseling. Numerous attempts to regulate CPCs have faced political roadblocks. Most recently, in NIFLA v. Becerra, the Supreme Court held that state efforts to require CPCs to disclose that they are not medically licensed are unconstitutional violations of CPCs’ First Amendment right to free speech. In the wake of that decision, pregnant women in crisis-a disproportionate percentage of whom ...


Volume 30, Number 2, Full Issue 2018, Yale Journal Of Law And Feminism Mar 2019

Volume 30, Number 2, Full Issue 2018, Yale Journal Of Law And Feminism

Yale Journal of Law & Feminism

No abstract provided.


Where Words Can Do Work: Language Of Feminism In Whole Woman's Health, Kelsey Gann Mar 2019

Where Words Can Do Work: Language Of Feminism In Whole Woman's Health, Kelsey Gann

Yale Journal of Law & Feminism

The Supreme Court of the United States is not known as a bastion of feminism. With only four female justices in its history, it can hardly even be considered an equitably staffed institution. However, for centuries, women have had to look to the Supreme Court to protect and define their rights - right to work, right to equal treatment, right to reproductive freedom. While the Court has been articulating women's rights, it has failed at using the language of feminism, the language of women, to define and support them.


Murderous Mothers & Gentle Judges: Paternalism, Patriarchy, And Infanticide, Karen Brennan Mar 2019

Murderous Mothers & Gentle Judges: Paternalism, Patriarchy, And Infanticide, Karen Brennan

Yale Journal of Law & Feminism

Anne, a 20-year-old trainee nurse in England, became pregnant by a U.S. serviceman who had returned to the States. When she visited her parents in Ireland for her annual holiday, she knew she was pregnant and due to give birth. On the day of the birth, she felt unwell and remained in bed, secretly giving birth alone that evening in her bedroom. She admitted that she killed her infant moments after the birth:

Immediately after the baby was born I baptized it. I did not know whether it was a male or a female baby. I was not sure ...