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Presenting Volume 122 of The Yale Law Journal

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We are pleased to present the masthead for Volume 122 of The Yale Law Journal, which will commence publication in spring 2012.

 

Recent YLJ Developments

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Recent Media Coverage of YLJ Content


Jonathan Masur's article, Patent Inflation, has attracted interest in policy and technology circles since its publication in the December 2011 issue of The Yale Law Journal. Masur explores the growth in the number of patent applications granted each year and argues that the asymmetric institutional relationship between the Patent and Trademark Office and the Federal Circuit helps explain this trend. Reihan Salam, writing for the National Review Online's domestic policy blog, and Techdirt, a leading technology blog, have both highlighted Masur's contribution to the debate over the proper scope of patentability.

Nathan S. Chapman and Michael W. McConnell's forthcoming essay, Due Process as Separation of Powers, which challenges efforts to justify substantive due process using originalist reasoning, is already receiving attention from commentators. Legal Theory Blog describes it as "[h]ighly recommended," and Originalism Blog opines that the essay is "destined to be immensely influential, perhaps the most important originalist article of 2012." A draft of the essay is available on SSRN.

Alumni News

YLJ
alumnus Jesse Furman '98, a Volume 107 Executive Editor, was recently elevated to the bench as a judge of the United States District Court for the Southern District of New York. We congratulate him on his new role.

To share recent alumni accomplishments with us, please contact ylj@yalelawjournal.org.

Prison Law Writing Contest

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The Yale Law Journal welcomes submissions for our first Prison Law Writing Contest. If you are or recently have been in jail or prison, we invite you to write a short essay about your experiences with the law. The three top submissions will win cash prizes, and we hope to publish the best work.

Background

The Journal is one of the world’s most respected and widely read scholarly publications about the law. Our authors and readers include law professors and students, practicing attorneys, and judges. The Contest offers people in prison the chance to share their stories with people who shape the law and to explain how the law affects their lives. Where permitted by state law, the authors of the winning essays will receive prizes: $250 for first place, $100 for second place, and $50 for third place.

Topics

Please write an essay addressing one of the following questions:

  • What does fair treatment look like in prison?
  • How does your institution deal with inmates who are violent or disruptive? Are people sent to solitary confinement? Is the disciplinary system fair, and does it help to maintain order?
  • Tell us about a notable or surprising experience you’ve had with another person in the legal system—whether a judge, a lawyer, a guard, or anyone else. What did you learn from it?
  • The goals of criminal punishment include retribution (giving people what they deserve), deterrence (discouraging future crimes), and rehabilitation (improving behavior). What purpose, if any, has your time in prison served? Should one of these purposes be emphasized more?
  • Have you ever filed a grievance with jail or prison authorities to complain about conditions? Tell us about it, and explain how the grievance process works. Are grievances effective? How do prison authorities respond to them? How do you feel about federal law’s requirement that prisoners file grievances before suing about prison conditions in court?
  • If you have been released from prison, what challenges did you face in reentering society?
  • How, if at all, do you maintain relationships with your family while in prison? Describe the prison rules that govern how much contact you can have with your family. How has being in prison affected your family relationships? 

Please do not discuss your innocence or guilt or ask for legal assistance with your case. Submissions are not confidential. Whatever you write will not be protected by attorney-client privilege. If you have an attorney, please speak with your attorney before submitting your work.

Rules 

You may submit an essay if you have been an inmate in a prison or jail at any point from January 1, 2010 through September 30, 2012. We welcome essays of about 1000-5000 words, or roughly 4-20 pages. Please type your submission if possible. If you must write by hand, please be sure your writing is readable. Feel free to work together with others, but your essay should be in your own voice. 

Essays must be received by October 1, 2012. Email your submission to YLJprisonlaw@gmail.com if possible. If you do not have email access, please mail your work to: The Yale Law Journal, ATTN: Prison Law, P.O. Box 208215, New Haven, CT 06520-8215. Please include your name and the name of the institution where you are or were imprisoned, and tell us the best way to reach you now. 

Concurso de Escritura sobre el Derecho de Prisiones

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[This is a Spanish-language version of the guidelines for the Yale Law Journal Prison Law Writing Contest. An English version can be found here.]

The Yale Law Journal [La revista de derecho de Yale] invita a la presentación de trabajos escritos para la primera edición de nuestro Concurso de Escritura sobre el Derecho de Prisiones. Si usted se encuentra actualmente o ha estado recientemente en la cárcel o la prisión, nosotros lo invitamos a escribir un manuscrito corto sobre sus experiencias con la ley. Las tres mejores presentaciones ganarán premios en efectivo y también esperamos que el mejor trabajo sea publicado.

Historia

La Revista es una de las publicaciones legales y académicas más respetadas, leídas y conocidas mundialmente. Nuestros autores y lectores incluyen profesores y estudiantes de derecho, abogados y jueces. El concurso les ofrece a personas encarceladas la oportunidad de compartir sus historias con individuos quienes les dan forma a las leyes; y también explicarles cómo la ley ha afectado sus vidas. Donde se permite la ley estatal, los autores de las presentaciones ganadoras recibirán los siguientes premios: $250 para el primer lugar, $100 para el segundo lugar y $50 para el tercer lugar.

Temas

Por favor, escriba un ensayo respondiendo a una de las siguientes preguntas:

  • ¿Cómo le parece trato justo en la prisión?
  • ¿Cómo trata la prisión a los presos violentos o agitadores? ¿Son las personas enviadas a regímenes de aislamiento? ¿Es el sistema disciplinario justo y ayuda a mantener el órden?
  • Cuéntenos sobre una experiencia sorpresiva o relevante que usted ha tenido con otra persona en el sistema legal – podría ser con un juez, abogado, guardia o cualquier otro. ¿Qué aprendió usted de esa experiencia?
  • Los objetivos del castigo criminal incluyen la retribución (darle a la gente lo que se merecen), la disuasión (desalentar futuros crímenes) y la rehabilitación (mejorar el comportamiento). ¿Qué fin, si hay alguno, ha tenido su tiempo en prisión? ¿Debería ser incrementado alguno de éstos objetivos?
  • ¿Ha introducido usted alguna vez una queja con las autoridades de la cárcel o prisión, para reclamar sobre las condiciones de la prisión? Cuéntenos sobre ello y explique cómo funciona el proceso de quejas. ¿Son efectivas? ¿Cómo responden las autoridades de la prisión a estas quejas? ¿Qué siente usted con respecto a la ley federal que requiere que los prisioneros introduzcan quejas antes de demandar en la corte por las condiciones de la prisión?
  • Si usted ya salió de la prisión, ¿qué desafíos enfrenta al re-integrarse a la sociedad?
  • ¿Cómo mantiene usted contacto y relaciones con sus familiares mientras está o estuvo dentro de la prisión? Describa las reglas de la prisión que determinan cuanto contacto puede usted tener con su familia. ¿Cómo, estando en prisión, ha afectado las relaciones con sus familiares?

Por favor, no discuta su inocencia o culpa, o pida asistencia legal sobre su caso. Su trabajo escrito no es confidencial. Lo que usted escriba no será protegido por el privilegio abogado-cliente. Si usted tiene abogado, debe consultarlo antes de presantar su ensayo.

Reglas

Usted podrá presentar un ensayo escrito, si usted ha sido un preso en una prisión o cárcel en cualquier momento entre el 1ero de enero del 2010 hasta el 30 de septiembre del 2012. Nosotros aceptamos ensayos de aproximadamente 1000-5000 palabras, o aproximadamente de 4-20 páginas. Por favor, escriba su presentación a máquina si es posible. Si usted tiene que escribirlo a mano, por favor asegúrese que la letra sea legible. Por favor, siéntase libre de trabajar con otras personas, pero su ensayo deberá estar escrito en su propia voz. Se aceptarán ensayos en el inglés o el español.

Los ensayos serán recibidos hasta el 1ero de Octubre del 2012. Si es posible, por favor envíe su presentación por correo electrónico a YLJprisonlaw@gmail.com. Si usted no tiene acceso a correo eletrónico, envíe su trabajo por correo ordinario a: The Yale Law Journal, ATTN: Prison Law, P.O. Box 208215, New Haven, CT 06520-8215. Por favor, incluya su nombre y el nombre de la institución donde usted se encuentra o estuvo preso, y díganos la mejor forma de contactarlo en este momento.

Presenting Volume 122's Newest Editors

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The Yale Law Journal is pleased to announce the selection of its first-year editors. Please join us in welcoming them to the YLJ community. 

Yale Law Journal Prison Law Writing Contest Winners

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We are pleased to announce the winners of The Yale Law Journal's Prison Law Writing Contest. We received approximately 1,500 responses from people all across the United States. We are grateful to those who shared their experiences, personal reflections, and insight with us. The winning essays will be published in The Yale Law Journal in the spring of 2013. 

First Place
Elizabeth Reid (Kent, WA)
The Prison Rape Elimination Act (PREA) and the Importance of Litigation in Its Enforcement: Holding Guards Who Rape Accountable 

Second Place
Ernie Drain (St. Clairsville, OH)
The Meaning of Imprisonment

Third Place
Aaron Lowers (Vacaville, CA)
Solano Justice

We would also like to recognize the following authors for their outstanding essays deserving of special recognition:

Honorable Mention
William Blake (Elmira, NY), A Sentence Worse than Death
Andre Patterson (Joliet, IL), Untitled

Finalists
Emerson M. Anderson (Grafton, OH)
David Arenberg (Kingman, AZ)
Anthony Arteaga (Corcoran, CA)
Chandra Bozelko (Niantic, CT)
Jeff Conner (Monroe, WA)
Christopher Cox (Las Animas, CO)
Justin Hightower (Malone, NY)
Patrick Larmour (Susanville, CA)
Ronald D. Lancaster (Draper, UT)
Mikhail Markhasev (Corcoran, CA)
Patrick Duray Portley-El (Burlington, CO)
Dean C. Rodriguez (Susanville, CA)
Steve Rodriguez (Woodbourne, NY)
Larry Stephenson (Graterford, PA)
Tarshawn Thompson (Attica, NY)
Nathaniel Upshur (Lillington, NC)
Kendrick Wine (San Luis Obispo, CA)
 
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We congratulate our winners and extend our deepest thanks to everyone who participated. 

Correction (February 15, 2013): Due to a clerical error, we inadvertently omitted one author from the list of finalists above. We congratulate Mikhail Markhasev (Corcoran, CA) as a finalist in the Prison Law Writing Contest, and we apologize for our mistake. 

Presenting Volume 123 of The Yale Law Journal

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We are pleased to present the masthead for Volume 123 of The Yale Law Journal, which will commence publication in October 2013. 

YLJ_123_Masthead_2.4.13 

Sonia Sotomayor, YLS '79, Confirmed to Supreme Court of the United States

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Sonia Maria Sotomayor (Editor, Vol. 88, 1979) was confirmed as the 111th Justice of the Supreme Court of the United States with a Senate vote on August 6, 2009.  She becomes the first Hispanic, and third woman, to ever sit on the high court and joins fellow Journal alumnus Samuel Alito (Editor, Vol. 83-84, 1975) and fellow Yale Law School alumnus Clarence Thomas (1974).


Welcome to The Yale Law Journal Online

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The Yale Law Journal is pleased to present its new online platform, The Yale Law Journal OnlineYLJ 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 audiorecordings/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; YLJ Online represents the next step in that endeavor.

In conjunction with the release of the new online platform, YLJ Online co-sponsored a conference with the Yale Law School Supreme Court Advocacy Clinic on the Supreme Court's certiorari process.  "Important Questions of Federal Law: Assessing the Supreme Court's Case Selection Process" brought together a slate of participants that included Linda Greenhouse, the Hon. J. Harvie Wilkinson III, Seth Waxman, and Lyle Denniston at the National Press Club in Washington, D.C. on September 18, 2009.  The conference's media coverage includes Law.com's article, here.

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 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 Judge Wilkinson and other participants in its Washington, D.C. conference.

Submissions Open

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The Journal is now accepting submissions for Volume 119.  Submissions currently being accepted are Notes and Comments, Book Reviews & Features, and YLJ Online pieces. 

Please note that The Yale Law Journal is no longer accepting Article submissions for Volume 119. Please resubmit your work in January 2010 so that Volume 120 may consider it.

Robert Post, YLS '77, Named Dean of Yale Law School

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On June 22, 2009, Robert C. Post (Note Editor, Vol. 86, 1977) was named Dean and Sol and Lillian Goldman Professor of Law at Yale Law School.  Professor Post, who has been the David Boies Professor of Law at Yale since 2003, is the seventh alumnus of The Yale Law Journal to become Dean of the Law School.  He becomes the sixteenth Dean of Yale Law School, succeeding Harold Hongju Koh, who now serves as Legal Adviser to the U.S. State Department. Kate Stith, Lafayette S. Foster Professor of Law, served as Acting Dean between March and July.

Alumni of The Yale Law Journal currently serve as deans of nearly twenty of the nation's leading law schools, including Harvard (Martha Minow, '79), New York University (Richard Revesz, '83), Columbia (David Schizer, '93), the University of Pennsylvania (Michael Fitts, '79), the University of Virginia (Paul Mahoney, '84), the University of Michigan (Evan Caminker, '86), and Georgetown (T. Alexander Aleinikoff, '77).

Supreme Court Clinic and The Yale Law Journal Online Host DC Conference

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In advance of its launch, The Yale Law Journal Online joined with the Yale Law School Supreme Court Advocacy Clinic to host a 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 considered 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 was made possible by the generous support of the Oscar M. Ruebhausen Fund.  Among the panelists were the Hon. J. Harvie Wilkinson III, Seth Waxman, Sanford Levinson, and Linda Greenhouse. Media coverage of the event included The National Law Journal's piece, "The Supreme Court Cert Pool: Sotomayor Joins It, Lawyers Attack It," available at Law.com.

If you were 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.

Left: Vicki Jackson, Georgetown University Law Center; Sandy Levinson, University of Texas Law School; Alan Morrison, George Washington University Law School; Carter Phillips, Sidley Austin LLP; Ted Shaw, Columbia Law School; Seth Waxman, Wilmer Cutler Pickering Hale & Dorr LLP; Moderator: Andrew J. Pincus, Mayer Brown LLP and Yale Law School.

Center: Lisa Blatt; Joshua Civin, NAACP Legal Defense and Education Fund; Fred Schauer, University of Virginia Law School; Steve Shapiro, American Civil Liberties Union; Hon. J. Harvie Wilkinson III, U.S. Court of Appeals for the Fourth Circuit; Moderator: Thomas Merrill, Yale Law School.

Right: Benjamin Taibleson, Jeffrey Lee, Kathleen Claussen, Brantley Webb, Leslie Pope (Yale Law Journal Board, '10) with Linda Greenhouse.

YLJ Online Transition

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The Yale Law Journal website is currently transitioning to YLJ Online.  Please bear with us for any temporary technical difficulties.

Yale Law Journal Note Deadline

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The final Yale Law Journal Note drop date for this semester is approaching.

Yale Law Journal Football Defeats Harvard Law Review, 49-21

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NEW HAVEN, CT – For the seventh year running, The Yale Law Journal has defeated the Harvard Law Review in the annual flag football tournament between the two publications.  The Journal scored a decisive 49-21 victory against its Cambridge-based counterpart on the Saturday morning of the Harvard-Yale weekend.  Describing the win as a "storied classic," Coach Sam Berger (Projects Editor, '10) was critical in orchestrating the defense of Yale's home field.  Quarterback Ben Taibleson (Editor-in-Chief, '10) was supported by an all-star lineup that featured graduating editors Jim Ligtenberg, Jake Kling, Yaw Anim, Theresa Lee, David Morrell, Aaron Zelinsky, and Scott Hartman.  Ligtenberg (Executive Editor, '10) repeated an impressive performance that gave the momentum to last year's win at Cambridge.

The Journal will go on to Philadelphia in 2010 to face the Harvard Law Review, Pennsylvania Law Review, and Columbia Law Review at the annual Bluebook Invitational, where it will look to repeat last year's blowout performance against all three opponents. 

 

Above, Yaw Anim (Projects Editor, '10), Ben Taibleson (Editor-in-Chief, '10), and Theresa Lee (Senior Editor, '10) defend the Journal's unassailable record. Click on the images to enlarge. 


Media Coverage of YLJ Online

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The Yale Law Journal has been featured in several publications for its role in launching the first-ever online companion for a leading law review (The Pocket Part) in 2005, and its Fall 2009 launch of The Yale Law Journal Online in Washington, D.C.  The Journal's editors, including Benjamin Taibleson (Editor-in-Chief, '10) and Jeff Lee (Managing Online Editor, '10) have been quoted in a number of print and online sources, a selection of which appear below. Links will open in a new window.   

National Law Journal The Yale Law Report 

Yale Law School The Yale Daily News

The Yale Law Journal provides links to Law.com, The National Law Journal, The Yale Law Report, Yale Law School, and The Yale Daily News for reference only.

YLJ Online and the Supreme Court Clinic Host Federal Judges and Experts at Conference

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On Tuesday, March 23, 2010, The Yale Law Journal Online will join with the Yale Law School Supreme Court Advocacy Clinic to host the concluding segment of "Important Questions of Federal Law: Assessing the Supreme Court's Case Selection Process."  The panel will bring together federal judges, members of the legal academia, and practitioners to discuss potential reforms to the Supreme Court's certiorari process.  All events will be held at Yale Law School's Sterling Law Building in New Haven, CT.  Please contact Kathleen Claussen of the Supreme Court Clinic/YLJ Online with any questions.


IMPORTANT QUESTIONS OF FEDERAL LAW
Yale Law School | New Haven, CT

Opening Remarks by Clinic Members
4pm, Room 129

Panel I: The Judge's Perspective: Is the Court Taking the "Right" Cases?
4:10pm‐5:30pm, Room 129

Moderator: Linda Greenhouse (Yale Law School)
Panelists:
The Honorable José Cabranes (2d Cir.)
Drew Days (Yale Law School)
The Honorable Brett Kavanaugh (D.C. Cir.)
The Honorable Sandra Lynch (1st Cir.)


Panel II: The Practitioners' Perspective: What Makes An Issue “Important” to the Court?
5:40pm‐6:55pm, Room 127

Moderator: Charles Rothfeld (Mayer Brown LLP and Yale Law School)
Panelists:
John Elwood (Vinson & Elkins LLP)
Orin Kerr (George Washington University Law School)
Patricia Millett (Akin Gump LLP)  
Judith Resnik (Yale Law School)

Yale Law Journal Football Remains Undefeated Against Penn, Columbia, and Harvard Law Reviews

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PHILADELPHIA, Pa.—In the end, they had only Geno's cheesesteaks to console themselves with. 

Entering the 2010 Bluebook Invitational with the homefield advantage, the Penn Law Review fielded a team determined to seize their first title.  In its opening match against The Yale Law Journal, the Penn players put up a gutsy effort, repeatedly tying the game through the first three quarters.  The Journal rallied with successive touchdowns by Eli Best (Articles Editor, '11), Jim Ligtenberg (Executive Editor, '10), and Jake Kling (Projects Editor, '10), whose endzone pirouette brought bystanders to their feet.  History was made as Yale's offense, led by quarterback Benjamin Taibleson (Editor-in-Chief, '10), avenged the injury of star player Yaw Anim (Projects Editor, '10) to punch a ticket to the championship round with a final score of 35-28.  

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Left: The Penn Law Review demonstrates the futility of tackling Eli Best (Articles Editor, '11) in a flag football game. Holding up the offense are Cameron Kistler (Notes Editor, '11),
Ben Taibleson (Editor-in-Chief, '10), and Jake Kling (Senior Editor, '10).
Center: Sophie Hood (Projects Editor, '11) and Coach Stephen Gikow (Projects Editor, '11) demolish the Penn Law Review.
Right: Yaw Anim (Projects Editor, '10) and Scott Hartman (Notes Editor, '10) ready for the next play.


With Penn winning its consolation match against bottom-seeded Harvard, the Journal fired on all cylinders in its faceoff against the Columbia Law Review—a physical team renowned for its air attack.  Stephen Gikow (Projects Editor, '11), who made his debut as the Journal's coach for the coming season with the retirement of Sam Berger (Projects Editor, '10), sparked the team to life after a listless first half—earning him unfettered praise from Joshua Geltzer (Editor-in-Chief, '11), who dubbed him "a true leader at every step."  Led by Scott Hartman (Notes Editor, '10), termed a "bruising force of nature" by friend and foe alike, the Journal's defense held Columbia scoreless on seven consecutive possessions; a taste of the future came from Brad Tennis (Managing Online Editor, '11), Sophie Hood (Projects Editor, '11), and Gabrielle Holburt (YLJ Online Editor, '11), who snagged countless interceptions throughout the tournament, as well as Cameron Kistler (Notes Editor, '11) on the offensive line.  Kling, who sealed the crucial victory against Penn, continued to deliver a spectacular offense despite a fractured finger that may end his career as a classical concert pianist.  With Anim also coming off the sidelines to play on a sprained ankle, Yale crushed Columbia 30-14 to take the 2010 title.  

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Left: The bench waits for the final verdict...
Center: Shades of blue in Columbia v. Yale.
Right: Theresa Lee (Senior Editor, '10), Cameron Kistler (Notes Editor, '11), Sam Berger (Project Editor, '10), Jake Kling (Projects Editor, '10)
cluster around quarterback Ben Taibleson (Editor-in-Chief, '10) as Eli Best (Articles Editor, '11) readies himself.


The Journal defended its monopoly over the championship trophy with a veteran (and undefeated) team, led by Benjamin Taibleson and Jim Ligtenberg, who played continuously on both offense and defense, as well as returning champions Jake Kling, Sam Berger, and Yaw Anim.  Also returning to the veteran lineup were Theresa Lee (Senior Editor, '10), Aaron Zelinsky (Articles Editor, '10), and Scott Hartman, all of whom were instrumental to the fall victory over Harvard.  Despite the loss of the eleven 3Ls from the squad, the phenomenal play of the rising class gave spectators no reason to doubt the continuation of the storied New Haven dynasty.

The Yale Law Journal won the first Bluebook Invitational in 2007 with a combined score of 56-18 (also against Penn and Columbia), and has continuously defended its title since then.  The Journal will continue its season this fall with the annual match against the Harvard Law Review in Cambridge, where it will aim to extend its winning streak against the latter periodical to an unprecedented eighth consecutive year.

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Left: Grant Martinez (Comments Editor, '10), Theresa Lee (Senior Editor, '10), Sam Berger (Projects Editor, '10), Jim Ligtenberg (Executive Editor, '10), Ben Taibleson (Editor-in-Chief, '10), Scott Hartman (Notes Editor, '10), Aaron Zelinsky (Articles Editor, '10), Jake Kling (Projects Editor, '10), Yaw Anim (Projects Editor, '10), Jeff Lee (Managing Online Editor, '10), and Karen Grohman (Executive Bluebook Editor, '10) defend the Bluebook Invitational title. David Morrell (Editor, '10) will also be missed.
Center: Down to the wire in the opening match, Yaw Anim (Projects Editor, '10) takes stock of the situation.
Right: Tasked with continuing the dynasty, the Volume 120 class of Joshua Geltzer (Editor-in-Chief, '11), Avi Brudner (Senior Editor, '11), Gabrielle Holburt (YLJ Online Editor, '11), Christine Ku (Managing Editor, '11), Stephen Gikow (Projects Editor, '11), Cameron Kistler (Notes Editor, '11), Eli Best (Articles Editor, '11), Brad Tennis (Managing Online Editor, '11), and Sophie Hood (Projects Editor, '11) will form the core of the next generation.


victoryagain_small yalepenn5_small yalecolumbia_small

Left:
Benjamin Taibleson (Editor-in-Chief, '10) congratulates the Journal on its successful defense of the Bluebook trophy with
Scott Hartman (Notes Editor, '10), Gabrielle Holburt (YLJ Online Editor, '11), and Aaron Zelinsky (Articles Editor, '10).
Center:  Jim Ligtenberg (Executive Editor, '10) capped an all-star career by playing on both offense and defense in both games.
Right: Sophie Hood (Projects Editor, '11), Jeff Lee (Managing Online Editor, '10), and Scott Hartman (Notes Editor, '10) anchor the defense.



yalepenn6_small woundedsoldier_small bbi12_small
Left: Brad Tennis (Managing Online Editor, '11) takes control of the ball—and the momentum against Penn
.
Center: Yaw Anim (Projects Editor, '10) is taken off the field.
Right: Ben Taibleson (Editor-in-Chief, '10) runs a critical interception back for the win.

yalepenn7_small bbi13_small
Left: Scott Hartman (Notes Editor, '10) goes into one-on-one battle while Jim Ligtenberg (Executive Editor, '10) reaches to block a pass.
Right: Stephen Gikow (Projects Editor, '11), Jim Ligtenberg (Executive Editor, '10), Yaw Anim (Projects Editor, '10), and
Scott Hartman (Notes Editor, '10) in action against Penn.

Media Coverage of Recent YLJ Scholarship

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A number of recent pieces of Yale Law Journal scholarship have received attention from legal commentators and the news media in the past several months. Below we have collected a sample of the coverage of three particularly interesting or timely pieces from recent issues of the Journal.

Benjamin A. Lindy, The Impact of Teacher Collective Bargaining Laws on Student Achievement: Evidence from a New Mexico Natural Experiment, 120 Yale L.J. 1130 (2011).

Benjamin Lindy's note has proven particularly timely given the ongoing debate about collective bargaining rights for public unions. The note uses the 1999 sunset and 2003 reauthorization of New Mexico’s public employee collective bargaining law to estimate the causal effect of teacher collective bargaining on student achievement. The note finds that mandatory teacher bargaining laws increase the performance of high-achieving students while simultaneously lowering the performance of poorly achieving students. After establishing this core empirical result, the note explores its implications for current trends in American education policy and for normative arguments about the role of teachers’ unions in public schools.




Ryan C. Williams, The One and Only Substantive Due Process Clause, 120 Yale L.J. 408 (2010).

Ryan Williams's article explores the nature and scope of the rights protected by the Due Process Clauses of the Fifth and Fourteenth Amendments. At the core of this debate is the question of whether these clauses should be understood to protect only “procedural” rights, such as notice and the opportunity for a hearing, or whether the due process guarantee should be understood to encompass certain “substantive” protections as well. An important though little explored assumption shared by participants on both sides of this debate is that the answer to the substantive due process question must be the same for both provisions. The article questions that assumption by separately examining the historical evidence regarding the original public meaning of the Due Process Clauses of both the Fifth and Fourteenth Amendments with a single question in mind: did the original meaning of each clause, at the time of its enactment, encompass a recognizable form of substantive due process?




Richard A. Posner, The Bluebook Blues, 120 Yale L.J. 850 (2011).

The Honorable Richard A. Posner, United States Court of Appeals for the Seventh Circuit, reviews The Bluebook: A Uniform System of Citation.

Yale Law Journal Football Brings Home Fifth Bluebook Victory, Eighth Win Against Harvard

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Yale Law Journal Flag Football recently capped off a banner year. Having soundly trounced Harvard in the fall--a 49-to-21 crushing defeat--Yale trekked up to Cambridge yet again this spring to challenge not only Harvard, but also Penn and Columbia in the Bluebook Invitational Tournament. Yale's crew, according to custom, claimed victory in every single game. Yale maintained both its perfect record at the Invitational, which the YLJ crew has won every year since it began in 2007, and its now eight-year winning streak against Harvard during the Harvard-Yale weekend. 

The story of this year's Bluebook Invitational involves Yale's team braving some rather icy conditions. Still, spirits were high the morning of this year's Bluebook Invitational, despite sub-30 temperatures and even worse winds on the Cambridge fields.
 
The first two games were relatively unremarkable.  Yale opened the three-game tournament against Penn - although close at times, the game was never really in question, and Yale ultimately prevailed 21-7.  Next up was Columbia, and Yale's defense held strong: the final score was 14-0. Two up, two down.
Meanwhile, Harvard had also amassed a 2-0 record, including an overtime nail-biter against Penn. Thus, Yale found itself in a de facto championship game of the unbeatens.  Harvard was hungry, but hunger is no substitute for talent.  Yale's offense put up its highest total of the day, and the defense held strong, despite giving up a couple of long scores.  The final score was 28-21, though that total included a garbage-time touchdown for Harvard.  Just like that, history repeated itself, and the BB Invitational trophy returned to its proper home.
Some individual highlights:
 
 
  • Steph Turner's would-be interception.  Steph made a fantastic play on the ball and an interception seemed inevitable - until teammate Brad Tennis tried to snatch the ball away for himself.  It fell to the ground in the scuffle, and Brad earned himself some affectionate ridicule from the sidelines.
  • Mr. Tennis, however, redeemed himself on the day, completely shutting down one side of the field with his corner play.  He may have been upset not to have notched an interception, but his sure-handed tackling prevented opponents from making big plays. He was, without a doubt, invaluable to the defense. 
  • Mike Aikins.  Widely discussed as an MVP candidate, the seemingly undersized Mr. Aikins consistently pressured the quarterback and registered a handful of sacks in the three games.  His day, however, was best summed up in one play, when he burst through the offensive line and headed straight for the quarterback - and ran right through the poor guy, throwing him to the ground.  This is not allowed in flag football.  The following conversation ensued:
    • COACH: "Dude, what were you thinking?"
    • MIKE (shrugs shoulders): "I forgot we were playing flag football."
    • COACH: "Huh."
  • The offensive and defensive lines - anchored by Cameron Kistler, Eric Fish, Kevin Kiley, and Will Moon. Whether protecting or containing, the lines were superb all day.  
  • Gabrielle and Sophie.  Whether batting down balls, winning the support of the refs, or catching thirty yard passes fifteen yards out of bounds, Gabrille and Sophie have done it all for the past two years, and yesterday was no exception.
  • Will Clayton.  Will has been the heart and soul of YLJ football for the last year.  In making one of his two interceptions on the day, he may have defied physics and briefly flown (although that may have just been the spectators' hearts).
  • Every other team's complete inability to adjust to our center screens. Jarrod Shobe ran for about 200 yards and two scores before being touched by an opponent. 

 

These stories are but the tip of the iceberg of greatness (Eli Best, Celia Choy, Betsy Cooper, Caroline Van Zile, and Pat Moroney all made significant and unforgettable contributions) and do not include the highlights of an amazing game in the fall. Needless to say, it has been a phenomenal year in Yale Law Journal football, and the Volume 121 team looks forward to embarrassing Harvard Law Review for the ninth year in a row this upcoming fall. 

 
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