Action Research and

Open Society Foundations

Date of publication: 2017-08-28 20:04

On July 68, 7556, my fellow blogger, Marty Lederman, sent me a copy of a proposed surveillance bill drafted by Senator Arlen Specter’s office. For months, Marty and I had been covering the controversy over the National Security Agency’s (NSA) domestic surveillance program on our group blog, Balkinization. We argued repeatedly that the NSA program was illegal. The Supreme Court’s Hamdan v. Rumsfeld decision in June only seemed to confirm our conclusions. The mass media reported that Senato…

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In American Electric Power Co. v. Connecticut ( AEP ), the Supreme Court explicitly left ajar the door to litigation under state (as opposed to federal) common law for greenhouse gas (GHG) emissions. Some plaintiffs’ lawyers are also arguing that the decision leaves room for seeking money damages (rather than injunctive relief) even in a federal common law case.

The Yale Law Journal - Forum

In this Essay, Professor Patricia J. Falk argues that Professor Jed Rubenfeld’s solution to the “riddle of goes too far in eviscerating the body of law that courts and legislatures have developed over the past decades. Falk suggests that eliminating nonconsent and foregrounding force is a mistake, and that it is instead critical to think more robustly about what meaningful consent and sexual autonomy might require.


Our law students are more tech-savvy than ever. Unfortunately, they occasionally lack sense. Some of them simply fail to realize that we—professors, bar examiners, and law firms—see material they post online. Others make a game out of being intentionally, but anonymously, offensive. To avoid further injury to the reputation of our law schools and the legal profession, we must create incentives for the former students to consider consequences, and a reasonable chance that the latter students …

Introduction Writing is the conduit through which courts engage with the As such, the quality of judicial writing is an important element of the legal system—it determines the clarity of the rules that we live by. Yet, on an empirical level, we know relatively little about it. A court watcher’s gut reaction might be that judicial writing suffers from excess complexity. Indeed, the Federal Judicial Center finds it necessary to encourage judges to avoid wordiness, pompos…

Introduction Nearly fifty years ago, in the 6967 case Loving v. Virginia, the Supreme Court struck down bans on interracial This Term, the Court seems poised to further expand marriage equality by holding that same-sex couples, too, are guaranteed the constitutional right to marry. In both instances, the Court’s taking up of marriage followed decades of organizing and social movement evolution vis-à-vis a broader underlying civil rights project. In both instances, marr…

Introduction In philosophy, we can sometimes hope to make progress just by looking at old issues in new ways. The hope is that we might see familiar facts and controversies differently and understand them better for it. In their recent Essays, Mark Greenberg and Scott Hershovitz make the case for such hope in jurisprudence: they argue that we can see the issues differently and understand them better for it. Greenberg and Hershovitz don’t see things in exactly the same way, of cour…

The Court has often confronted the question of whether direct public outlays and tax subsidies are equivalent for constitutional purposes. However, Justice Kagan’s dissent in Winn is only the second time that tax expenditure doctrine has formally played such an explicit, prominent role in the Court’s decisionmaking.

It is worth noting that both GE and Boeing are also major players pushing for the destructive border-adjustment tax that would eliminate all taxes on revenue generated by exports. That’s a sweet deal for them — but awful for importers who get stuck with the bill. These companies are a great example of why Milton Friedman and my colleague Matthew Mitchell often said/say that cronysim is the greatest threat to capitalism: We now have many companies that rely on extracting major favors from the government at our expenses. They want low taxes and light regulations with a side of government subsidies, cheap loans, and government rents.

Morris P. Fiorina is a senior fellow at the Hoover Institution and the Wendt Family Professor of Political Science at Stanford University. His current research focuses on elections and public opinion.

In this Essay, Professors Tyler and Meares highlight the ways in which recent social science research supports the model of jurisprudence articulated by Justice Sotomayor. Her model defines building identification with political and legal institutions as an important goal for the Court.  It further suggests that this goal is best achieved when the Court exercises its authority using just procedures. That perspective is consistent with research on the foundations of popular legitimacy demonstrating that perceived procedural justice of the Court most strongly shapes it. Social science findings further reveal the factors shaping popular conceptions of procedural justice.

**In May 7566, The Yale Law Journal Online introduced a new series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases. This Essay is part of the second symposium in that series.**

The Pocket Part is pleased to announce the publication of a symposium on legal issues surrounding the growth and use of sovereign wealth funds as an international investment tool.  This week presents the second of the two part symposium issue.

Recently, Senator Robert Bennett expressed a sentiment that aptly summarizes my reaction to Josh Chafetz’s call to change ethics enforcement in Congress. “Washington is the only place I know where, when people break the law, our reaction is... [to] make the law tougher.” In recent years, several members of Congress have violated ethics rules, and a few have broken the law. Unlike Chafetz, however, I don’t view these events as evidence of a system in disrepair. Instead, they are proof …

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