Introduction. Almost as much as ever, the law is bound up with domination and oppression. As usual, mainstream legal thought remains “one more variant of the perennial effort to restate power and preconception as right.” 1 Indeed, neoformalist theory in both public and private law has been ascendant in recent decades, which would make legal realists—let alone those legal radicals who ...

Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray because it vacillates between two conceptions of constitutional rights: rights that “nullify” changes to subconstitutional law and rights that impose “duties” on officers.

This Article interprets equity as law about law, or meta-law. Equity specializes in solving complex and uncertain problems, especially those involving multiple parties, conflicting rights, and opportunism. The Article reconstructs this function, diagnoses the ills of current equity, and charts a path forward for equity in our legal system.

HOW TO SUBMIT . The Yale Law Journal is now accepting submissions of Articles, Essays, Book Reviews, and Forum pieces for publication in Volume 135. To submit a piece, please visit our online submission system.If this is your first time using our submission system, please make a new account by clicking “Not a member?” on the login page.

This Article argues that the sociological legitimacy of judicial institutions in federal systems rests on both integrity and autochthony. Through theoretical and comparative inquiry, we explore the ways in which initial federal constitutional design, as well as ongoing legislative and judicial management, construct and reconstruct the integrity-autochthony balance.

Comment Combatant Status Review Tribunals: Flawed Answers to the Wrong Question

Public nuisance is a puzzle: both a medieval action and a contemporary force in large-scale opioid settlements, it has provoked historical, formalist, and institutional objections. Close examination reveals, however, that public nuisance adheres to the common law’s accepted bounds and can play an important role in today’s regulatory landscape.

1 THE YALE LAW JOURNAL VOLUME 130 STYLE GUIDE The Yale Law Journal follows The Bluebook: A Uniform System of Citation (20th ed. 2015) for citation form and the Chicago Manual of Style (17th ed. 2017) for stylistic matters not addressed by The Bluebook.For the rare situations in which neither of these works covers a particular stylistic matter, we refer to the

THE YALE LAW JOURNAL VOLUME 123 STYLE SHEET The Yale Law Journal follows The Bluebook: A Uniform System of Citation (19th ed. 2010) for citation form and the Chicago Manual of Style (16th ed. 2010) for stylistic matters not addressed by The Bluebook.For the rare situations in which neither of these works covers a particular stylistic matter, we

1 THE YALE LAW JOURNAL VOLUME 131 STYLE GUIDE The Yale Law Journal follows The Bluebook: A Uniform System of Citation (21st ed. 2020) for citation form and the Chicago Manual of Style (17th ed. 2017) for stylistic matters not addressed by The Bluebook.For the rare situations in which neither of these works covers a particular stylistic matter, we refer to the