Category: Law Rev (Yale)


The Yale Law Journal, Vol. 119, Issue 3 (December 2009)

The Yale Law Journal

December 2009 | Volume 119, Issue 3


The Yale Law Journal Online: Judge J. Harvie Wilkinson’s “If It Ain’t Broke . . .”


The Yale Law Journal Online is pleased to present its last publication of 2009.  The Hon. J. Harvie Wilkinson III addresses the recent calls to reform the Supreme Court’s certiorari process in this Essay, which cautions against reforms that may cause significant collateral damage to the American judicial system.  Judge Wilkinson addresses the recent contraction of the Supreme Court’s docket, challenging the notion that a smaller docket is cause for alarm.  He also challenges a number of the proposals on the table, invoking a historical perspective to argue against tampering with the fundamental structure and role of the Court.  These arguments continue Judge Wilkinson’s previous remarks on the subject at the Yale Law School-sponsored conference, “Important Questions of Federal Law.”

Preferred Citation: J. Harvie Wilkinson III, If It Ain’t Broke . . ., 119 YALE L.J. ONLINE 67 (2009), available at


The Yale Law Journal Online: Is It Important To Be Important?: Evaluating the Supreme Court’s Case-Selection Process


On September 19, 2009, Frederick Schauer discussed the state of the Supreme Court’s certiorari process at a conference sponsored by The Yale Law Journal Online and the Yale Law School Supreme Court Advocacy Clinic.  Professor Schauer’s Essay on the topic, evaluating the dwindling caseload of the Court, the potential for an informational disadvantage on the part of the Justices themselves, and means by which a solution may be found, is now available on YLJ Online.


The Yale Law Journal Vol. 119, Issue 2 (2009)

The Yale Law Journal

November 2009 | Volume 119, Issue 2

Presidential Power over International Law:
Restoring the Balance

Oona A. Hathaway

Disastrously Misunderstood: Judicial Deference
in the Japanese-American Cases

Jonathan M. Justl
Created in Its Image: The Race Analogy,
Gay Identity, and Gay Litigation in the

Craig J. Konnoth

A Case for Varying Interpretive Deference
at the State Level

The Yale Law Journal Vol. 119, Issue 1 (2009)

The Yale Law Journal

October 2009 | Volume 119, Issue 1

Proposing a Place for Politics in
Arbitrary and Capricious Review

Kathryn A. Watts
When the Interests of Municipalities and
Their Officials Diverge: Municipal Dual Representation
and Conflicts of Interest in § 1983 Litigation

Dina Mishra
Fantasy Liability: Publicity Law, the First Amendment,
and Fantasy Sports

The Yale Law Journal Online: Citizens Not United: The Lack of Stockholder Voluntariness in Corporate Political Speech



The Yale Law Journal Online is pleased to announce the publication of Citizens Not United: The Lack of Stockholder Voluntariness in Corporate Political Speech by Elizabeth Pollman, a Stanford Law Fellow and former practitioner at Latham & Watkins LLP.  Pollman’s piece covers the potential for sweeping changes to corporate political speech law in light of the Supreme Court proceedings in Citizens United v. Federal Election Commission.


The Yale Law Journal Online


The Yale Law Journal is pleased to present its new online platform, The Yale Law Journal Online ( YLJ Online will continue the Journal‘s mission of providing accessible and substantive scholarship through the online medium. It offers original essays on timely and novel legal developments and responses to articles in the print Journal, as well as adapted lectures and recordings/podcasts of featured pieces.

When the Journal launched The Pocket Part in 2005, it was the first law review to establish an original online companion; as the Journal nears its 120th anniversary, YLJ Online represents the next step in that endeavor. The launch of YLJ Online‘s original content section features an essay by Hiro N. Aragaki, addressing the Hall Street v. Mattel litigation and manifest disregard, as well as responses by selected scholars to Michael Stokes Paulsen’s The Constitutional Power To Interpret International Law (118 Yale L.J. 1762 (2009)).

In the coming weeks, YLJ Online will present a variety of essays and features on marriage, property, and corporate law, as well as a selection of pieces from the Hon. J. Harvie Wilkinson III and other participants in its inaugural Washington, D.C. conference on the Supreme Court’s certiorari process. Among the many features that YLJ Online offers are Essays (4,000-6,000 words), Commentaries (under 2,000 words), Responses, adapted lectures and solicited pieces. More information can be found on the Submissions page ( All YLJ Online publications are available and fully searchable through LexisNexis and Westlaw. The Journal also provides all YLJ Online pieces in PDF/reprint format, and podcasts on its website/iTunes for selected pieces. For questions regarding YLJ Online, please contact the Journal‘s Managing Online Editor, Jeff K. Lee, here.

Now available on YLJ Online:


Hiro N. Aragaki, The Mess of Manifest Disregard, 119 Yale L.J. Online 1 (2009). [HTML] [PDF]


Julian Ku, The Prospects for the Peaceful Co-Existence of Constitutional and International Law, 119 Yale L.J. Online 15 (2009). [HTML] [PDF]

Peter J. Spiro, Wishing International Law Away, 119 Yale L.J. Online 23 (2009). [HTML] [PDF]

Margaret E. McGuinness, Old W(h)ine, Old Bottles: A Response to Professor Paulsen, 119 Yale L.J. Online 31 (2009). [HTML] [PDF]

Robert Ahdieh, The Fog of Certainty, 119 Yale L.J. Online 41 (2009). [HTML] [PDF]


Conference: Important Questions of Federal Law—Assessing the Supreme Court’s Case Selection Process

YLJ Online

The Yale Law School Supreme Court Advocacy Clinic and The Yale Law Journal Online, the forthcoming online platform of The Yale Law Journal, will host a half-day conference, “Important Questions of Federal Law”: Assessing the Supreme Court’s Case Selection Process, on September 18, 2009, at the National Press Club in Washington, D.C. The conference will consider the nature and causes of changes in the Supreme Court’s docket in recent years, as well as suggestions for reform of the certiorari process. The conference is made possible by the generous support of the Oscar M. Ruebhausen Fund. Practicing attorneys, judges, academics, and students are invited to attend. There is no charge for the conference, but space is limited, so all attendees must pre-register here. Breakfast and refreshments will be provided. If you are unable to attend, podcasts of conference sessions and downloadable papers from the panelists will be made available by Yale Law School’s main website. Select papers will also be published by The Yale Law Journal Online. Information on the conference can also be downloaded by clicking here.  For more information on The Yale Law Journal Online and the conference, please contact YLJ Online Editor Kathleen Claussen here.

The Yale Law Journal Online: Sonia Sotomayor’s Note

YLJ Online

The Yale Law Journal Online* is pleased to present the Note published by Sonia Sotomayor in Volume 88 (1979).  Judge Sotomayor, who has been nominated by President Obama to the Supreme Court of the United States, was a member of the Yale Law School Class of 1979 and an editor of The Yale Law Journal.   If confirmed by the U.S Senate, she would be the Court’s first Hispanic justice and its third woman.  Judge Sotomayor would also join two other Yale Law School graduates currently on the Court—Justice Clarence Thomas ’74 and former Journal editor Justice Samuel Alito ’75.

Judge Sotomayor’s piece, Statehood and the Equal Footing Doctrine: The Case for Puerto Rican Seabed Rights, analyzed issues regarding Puerto Rico’s ability to maintain rights to its seabed if it pursued statehood.   The Note can be accessed here.

*Effective Fall 2009, The Pocket Part will be integrated into The Yale Law Journal Online, the new online companion and platform of the Journal.  Further details will be forthcoming.


The Yale Law Journal Pocket Part: The Example of America


Volume 119 of The Pocket Part is pleased to announce the publication of The Example of America by Owen Fiss, Sterling Professor of Law at the Yale Law School.  The Example of America is an adapted Essay from the 13th Annual John W. Hager Distinguished Lecture at the University of Tulsa College of Law, where Professor Fiss tackled legal issues involved in the war on terror.