Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American ...

Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed ...

After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the expectations of regulatory beneficiaries. This Note defends that development ...

After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring religious accommodations, creating waves of new litigation. Latent in the doctrine, ...

Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes ...

The Yale Law Journal is thrilled to announce Volume 134’s Emerging Scholar of the Year: Kate Redburn. The Yale Law Journal’s Emerging Scholar of the Year Award celebrates the achievements of ...

This year, we invite submissions focusing on novel developments in the executive power, broadly understood. Essays should grapple with how the executive branch shapes and is shaped by the coordinate ...

abstract. State public utility commissions are at the forefront of the clean-energy transition. These state agencies, which have jurisdiction over energy-generation resources, distribution systems, ...

abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...

abstract. The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and central role that liability insurance ...

abstract. Critiqued as a blank check for judicial intervention, the absurdity canon has been all but abandoned by modern textualists. But this Note argues that its total dismissal is unwarranted. By ...