Validation Procedures and the Burden of Ballot Access Regulations
115 Yale L.J. 1833 (2006)Despite the prominent role they play in election contests, validation mechanisms have largely escaped judicial and scholarly scrutiny. This Comment urges courts to assess the...
View ArticleRehabilitating Rehab Through State Building Codes
115 Yale L.J. 1744 (2006)Building codes are not neutral documents. Traditional codes have the effect of deterring the rehabilitation of older structures. But rehabilitation--which can have many...
View ArticleJustice Breyer's Democratic Pragmatism
115 Yale L.J. 1719 (2006)As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic...
View ArticleUnaccountable at the Founding: The Originalist Case for Anonymous Juries
115 Yale L.J. 1823 (2006)This Comment argues that the courts overlook important Founding-era evidence on juror accountability. It concludes that the Public Trial Clause does not require juror...
View ArticleJustice Breyer Throws Down the Gauntlet
115 Yale L.J. 1699 (2006)A Supreme Court Justice writing a book about constitutional law is like a dog walking on his hind legs: The wonder is not that it is done well but that it is done at all. The...
View ArticleThe Pragmatic Passion of Stephen Breyer
115 Yale L.J. 1675 (2006)Now in his twelfth year as a Supreme Court Justice, Stephen Breyer has written an important book, Active Liberty, which crystallizes a fundamental set of beliefs about the...
View ArticleLaw's Migration: American Exceptionalism, Silent Dialogues, and Federalism's...
115 Yale L.J. 1564 (2006)Legal theorists are engaged in understanding the legitimacy of techniques by which principles of rights-holding travel across borders. Sovereigntists in the United States...
View ArticleGood Governance at the Supranational Scale: Globalizing Administrative Law
115 Yale L.J. 1490 (2006)This Article examines the tension between the demonstrable need for structured international cooperation in a world of interdependence and the political strain that arises...
View ArticleFor-Profit and Nonprofit Charter Schools: An Agency Costs Approach
115 Yale L.J. 1782 (2006)This Note applies agency costs theory to explain charter schools' use of for-profit and nonprofit forms, and to suggest ways to make charter school regulation more sensitive to...
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