Category: Law Rev (Yale)


The Yale Law Journal, Volume 117, Issue 3 (December 2007)


The Yale Law Journal, Volume 117, Issue 3 (December 2007)


Consumerism Versus Producerism: A Study in Comparative Law

James Q. Whitman

The Constitution Outside the Constitution

Ernest A. Young


Insurance Law’s Hapless Busybody: A Case Against the Insurable Interest Requirement

Jacob Loshin

Concession Agreements: From Private Contract to Public Policy

Nicholas Miranda


Yale Law Journal Pocket Part: The New Voting Rights Act


This week The Pocket Part is publishing the first of two issues discussing Nathaniel Persily’s article, The Promise and Pitfalls of the New Voting Rights Act. In this issue, we present Professor Persily’s summary of his article with responses by Ellen Katz and Richard Pildes.

A forthcoming issue will feature additional responses to Professor Persily’s article. In addition, Professor Persily will respond to the comments on his article and discuss issues raised in a pending constitutional challenge to section 5 of the VRA.


Yale Law Journal Pocket Part: A Toast to Free Flow of Liquor Across State Borders


This week, the Yale Law Journal Pocket Part published a Commentary on the purposes and interpretation of the Twenty-First Amendment. In Uncorking a Seventy-Four-Year-Old Bottle: A Toast to the Free Flow of Liquor Across State Borders, Ethan Davis argues that state laws designed to shield in-state producers, wholesalers, and retailers from out-of-state competition conflict with the original intent of the Twenty-First Amendment.


The Yale Law Journal, Volume 117, Issue 1 (October 2007)


The Yale Law Journal, Volume 117, Issue 1 (October 2007)


Contracting for Cooperation in Recovery

Gregory Klass


“I Did Not Come Here To Defend Myself”: Responding to War on Terror Detainees’ Attempts To Dismiss Counsel and Boycott the Trial

Matthew Bloom

Realizing the Potential of the Joint Harassment/Retaliation Claim

Eisha Jain


Cleaning House: Congressional Commissioners for Standards


Yale Law Journal Pocket Part: The Supreme Court and Comedy


This week, the Yale Law Journal Pocket Part published an update to Professor Wexler’s study on the funniness of Supreme Court Justices. Two years ago, Professor Wexler analyzed the frequency with which each Justice caused courtroom laughter. In Laugh Track II: Still Laughin’!, Professor Wexler examines how recent changes in personnel have altered the comedic balance of the Court.


Announcing the Law Review Table of Contents Project


I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.

The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!

Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.

Participating law reviews thus far include:

* Boston College

* Chicago

* Columbia

* Cornell

* Duke

* Emory

* Fordham

* Georgetown

* GW

* Harvard

* Indiana

* Michigan

* Minnesota


* Northwestern

* Notre Dame

* Southern California

* Stanford

* Texas


* Vanderbilt

* Virginia

* Washington University

* Yale

We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.

We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.


October in The Pocket Part


This October, The Yale Law Journal Pocket Part published a variety of articles. To access the following pieces, click on the links below, or find them on our Most Recent tab online at

The Capabilities Approach and Ethical Cosmopolitanism: A Response to Noah Feldman

In response to Professor Noah Feldman’s book review, Cosmopolitan Law?, Professor Martha C. Nussbaum distinguishes her political theory, the capabilities approach, from the ethical doctrine of cosmopolitanism. Furthermore, Professor Nussbaum clarifies the relationship between her theory and that of Rawls, Pogee, and Beitz.

Read More


Call For Papers: State Law


Call for Papers: State Law

The Yale Law Journal Pocket Part is soliciting commentaries for two end-of-year issues: one issue will focus on new developments in state courts, and the other will focus on new developments in state legislatures. Our goal is to bring critical focus to an area of lawmaking that deserves greater attention in the legal literature, and we invite you to submit a commentary on a state law topic of your choosing.

Commentaries may explore a legal development at the state level that has not been extensively reviewed in legal scholarship and the popular press, or present a novel argument on a timely issue that has received attention.

Submissions should be no more than 1,500 words. We encourage authors to write in a style accessible to policy-makers and practitioners. For a detailed style guide and instructions for submitting your piece, please visit our website,, and follow the link for “Submissions.”

The deadline for submissions for both issues is Friday, November 2, 2007.


Yale Law Journal Joins the Law Review Forum Project

yale-law-journal1.bmpI’m pleased to announce that Yale Law Journal’s Pocket Part is joining our Law Review Forum Project. The goal of our project is to provide you with easy access to the online forums of many law reviews — all in one central place. We’re delighted to now have eight participating law reviews: Yale, Harvard, Penn, GW, UCLA, Northwestern, Michigan, Virginia. We hope to have more join us soon.