The Yale Law Journal Podcast

13 Episodes

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Introducing Professor Payvand Ahdout, YLJ’s Emerging Scholar of the Year

2022-11-2331:39

In this episode, Vol. 131’s Editor-in-Chief, Rachel Sommers, and Executive Editor for Features & Book Reviews, Bapu Kotapati, speak with the Yale Law Journal’s inaugural Emerging Scholar of the Year: Professor Payvand Ahdout. The Emerging Scholar of the Year Award celebrates the achievements of early-career academics who have made significant contributions to legal thought and … Read More Read More

Democratic Data: Developing Digital Counterpower

2022-09-2753:54

The past decade has witnessed an explosion of data collection about individuals. U.S. law has traditionally approached data governance by focusing on individual privacy and contract adequacy. This approach, however, fails to grapple with the “relational” way that data is stored, analyzed, and utilized. We speak with Salomé Viljoen, an Assistant Professor of Law at … Read More Read More

Using Regulatory Law to Reform Prison Conditions

2022-05-0301:06:38

When prisoners are served food with bugs in it or given medical care by unlicensed physicians, where can they turn for help? Believe it or not, such prison conditions may not be deemed cruel and unusual punishment under the Eighth Amendment, but they could violate existing administrative regulations that set standards for food safety, medical … Read More Read More

When Lawyers Lie: The Future of Legal Ethics Rules After the 2020 Election

2022-03-0201:03:45

How should courts’ approaches to lawyer misconduct change following the flood of baseless lawsuits filed to undermine the valid results of the 2020 election? In this episode, we speak with both Professor Renee Knake Jefferson about her proposals for reforming standards of ethical conduct to apply both inside and outside the courtroom, and litigator David … Read More Read More

The Lasting Impact of the Insular Cases

2021-05-1935:07

The Insular Cases are a series of Supreme Court cases about the status of U.S. territories that were decided over a century ago. Professor Aziz Rana and attorney Celina Romany join us in this episode to speak about the lasting impact the Insular Cases have had on American constitutional law and on the status of … Read More Read More

Power-Shifting in Policing

2021-04-2340:23

The need for transformative change to policing is clear. But the United States continues to grapple with what that change should look like – and who should have the power to decide. In this episode, Professor Jocelyn Simonson speaks to why we should view the regulation of policing through what she terms “the power lens,” … Read More Read More

New Fronts in the Battle for Voting Rights

2021-04-0540:48

While we often consider questions of who is eligible to vote and how votes are counted, the question of where votes are counted is just as important. In this episode, Professor Nicholas Stephanopoulos joins us to discuss the impact a race-blind baseline would have in racial vote-dilution case. Next, Alaa Chaker and Justin Farmer speak … Read More Read More

The Impact of Executive Defiance on Immigrants

2021-03-2631:55

What happens if a federal court issues an order in an immigration case, but the government does not obey it? As we’ll learn in this episode, it could mean that a young person who is eligible for relief under the Deferred Action for Childhood Arrivals (DACA) program cannot have their application processed, or that immigrants … Read More Read More

Who Gets the Ventilator? Disability Rights and COVID-19 Medical Rationing

2021-02-1530:54

The COVID-19 pandemic has forced healthcare systems to make decisions about how to ration medical treatments – and many have chosen to explicitly de-prioritize people for these treatments based on pre-existing disabilities. Professor Samuel Bagenstos and attorney Alison Barkoff join us to talk about their work on COVID-19 medical rationing advocacy and what lessons we … Read More Read More

The Power of the Many: Harnessing Law and Organizing to Combat Inequality

2021-02-0442:18

When wealthy individuals are spending record amounts on electoral politics and the Supreme Court has refused to limit campaign spending, how can the law help low-income communities assert their democratic rights? Professors Kate Andrias and Benjamin Sachs join us to talk about the power of mass-membership organizations to equalize the political voice of citizens who … Read More Read More

Antitrust Law and the Future of the Gig Labor Market

2021-01-2942:48

Gig economy workers at companies like Uber and Lyft often don’t have access to labor protections like minimum wage, overtime pay, workers’ compensation, and unemployment insurance. But gig workers risk liability under antitrust laws if they attempt to organize. Author Eugene Kim and former union leader Javier Morillo join us on this episode to talk … Continue reading Antitrust Law and the Future of the Gig Labor Market →

Professor Crespo on Probable Clause Pluralism

2020-06-0858:53

Professor Andrew Manuel Crespo discusses his recent article, Probable Clause Pluralism. The constitutionality of a search or seizure typically depends on the connection between the target of that search or seizure and some allegation of illegal behavior—a connection assessed by asking whether the search or seizure is supported by probable cause. But as central as … Continue reading Professor Crespo on Probable Clause Pluralism →

Professor Gould on Law Within Congress

2020-05-2839:39

Professor Jonathan Gould talks about his recent article, Law Within Congress. Recognizing that procedure has long shaped how Congress operates—from bills about civil rights to tax policy to presidential impeachments—this article explores parliamentary precedent in Congress. These precedents constitute a hidden system of law that has received little scholarly attention, despite being critical to shaping … Continue reading Professor Gould on Law Within Congress →

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