• The Contracts Notes of Timothy Merwin: Earliest Evidence of Instruction at Yale Law School

      Stern, Peter (1996-01-01)
      This paper discusses the contracts notes of one of the first students at the Yale Law School. The notes were taken in 1828, making them the earliest known evidence of the method of instruction employed by the law school's founders.
    • Public Law and Legal Education in the Nineteenth Century: The Founding of Burgess' School of Political Science at Columbia

      Bator, Alexa (1996-10-01)
      This paper discusses the founding of the School of Political Science at Columbia University by John W. Burgess in 1880. Burgess established the political science school after failing in his attempts to introduce a program of coursework in political science and public law at Columbia's School of Law. He hoped that the new school would supplement the private-law curriculum of the law school, with the particular aim of preparing students for a career in public service.
    • The Student View of Yale Law School 1883-1912: The Shingle

      Arrigo, Maureen (1997-03-01)
      During one twenty-year period, the graduating students of Yale Law School published books in which their views of the school (and to a small extent the faculty's views as well) were captured. This series of books - The Yale Shingle - was published from 1893 to 1912. My goal in writing this paper is profile student life at Yale as reports in the Shingle. Its life spanned an important time in the school's history - a time of significant change.
    • Striving for Order: Zoning the City Elms

      Forbush, Christina (1997-05-09)
      In its historical perspective, zoning may be understood in two different ways: one a concept, the other a reality. Zoning as a concept was the planning ideal by which property and health could be protected, and cost of living could be reduced. The reality of has been a far different institution.
    • A Study of the Housing Patterns of Yale Law School Students

      Hayakawa, Masato (1999-10-01)
      In 1948, only about one-tenth of the law students lived in what we now term the law student ghetto. By 1997, more law students lived in this neighborhood than in any other - students in this neighborhood outnumbered students living in other off-campus neighborhoods by a margin of two-to-one, and they made up a simple majority of the enrollment. This paper examines the formation of this concentration. The evidence shows that the law student ghetto did no always exist in its current form, but rather that it is a product of housing developments of the last thirty years. This paper traces these developments. I discuss the demographic make-up of the student body, the housing distribution of the students, and events in New Haven or the wider world which affected either the demographics or the distribution. Because the Yale Law School is located in New Haven, this paper also examines the relationship between New Haven and Yale University, and the intertwined history of these two communities.
    • Solutions to an Urban Public Goods Problem: Business Improvement Districts in New Haven, Connecticut

      Jacobson, Nancy (2000-01-01)
      In downtown New Haven, the newest color is green. Festive green banners flutter from the lamp posts, welcoming visitors downtown. Along sidewalks, in window boxes, and in vestpocket parks, trees and plants flourish, with green leaves and bouquets of blossoms. On the sides of municipal buses, green placards boast the excited message "Do Downtown!" Members of a "Clean Team," dressed in distinctive fluorescent green jackets, sweep and steam-clean the sidewalks. Green bags covering parking meters on Saturdays and Sundays advertise free parking to weekend shoppers. The downtown is awash in glorious green.

      Levin, Daniel (2000-01-01)
      One and a half million Connecticut residents live closer to Tweed-New Haven Airport than any other commercial airport. Yet travelers today can reach only two other cities from New Haven and cannot take a jet flight. No other commercial airport in New England provides air service to fewer of its surrounding residents than Tweed-New Haven. Around the area, community and business leaders cite the lack of an adequate airport as a key roadblock in the economic development of New Haven.
    • The Relationship Between Yale's Law School and the Central University in the Late Nineteenth Century

      Bartholomew, Mark (2000-02-18)
      This paper describes the Yale Law School in the late 1800s. For most of the period, the school's faculty struggled to gain the attention of an unresponsive university administration. At the same time, the faculty pushed for interdisciplinary study that would tie the Law School to the university's other academic departments.
    • When Was The Yale Law School Really Founded?

      Sansbury, Michael (2001-05-17)
      In 1874, during the celebration of the Yale Law School's "Semicentennial Anniversary," Theodore Woolsey, a former Yale President and Professor at the Law School, claimed that the Law School had been founded in 1824 when a group of students were listed as "Law Students" in the Yale Catalogue. These students studied in a small proprietary law school started by Seth P. Staples and operated, in 1824, by Samuel J. Hitchcock and David Daggett. Their listing in the catalogue seems to indicate a connection between the Staples-Hitchcock-Daggett school and Yale College. Since 1874, Yale historians and the Yale Law School itself have designated this 1824 connection as a founding, though with some apparent hesitation. This Note examines fresh evidence about the origins of the Yale Law School, including the affiliation of the Staples school with Yale College. It begins by analyzing the documents on which the 1824 founding date is based. Using this evidence, along with biographies and obituaries of Yale students, I show that, in fact, students in the Staples school were listed prior to 1824 under the category of "Resident Graduates." After examining Harvard College Catalogues, I show that Harvard Law School students were also listed as "Resident Graduates" during its early period.
    • The Evolution of the Kangaroo: The History of Municipal Border Change in New Haven, Connecticut

      Glasgow, Joshua (2004-01-01)
      The borders of New Haven, Connecticut, like those of many other American cities, appear to be wildly irrational. Starting on the west side of New Haven harbor, the boundary follows the West River northward for slightly more than a mile, suddenly jogging west for two miles then continuing north and veering northeast. Before turning eastward, the line juts out to capture two oddly shaped protrusions in the northwest comer of the city. After traveling east for four miles the boundary banks 120° south to include a four mile-long, half-mile wide strip along the east side of the harbor. Somehow, New Haven has taken the shape of a pregnant kangaroo.
    • Regulation by Software

      Grimmelmann, James (2005-01-01)
      Six years ago, Lawrence Lessig had two insights. First, code regulates. Computer software (“code”) can constrain behavior as effectively as law can. Second, code is like physical architecture. When software regulates behavior online, it does so in a manner similar to the way that physical architecture regulates behavior in the real world.3 His catchphrase—“code is law”—is shorthand for the subtler idea that code does the work of law, but does it in an architectural way. With this one phrase and two ideas, he opened up an entire line of study: how regulating through software rather than through law changes the character of regulation. Unfortunately, that line of study has been stunted, and in a sense, it is Lessig’s fault—for having three insights, instead of stopping with two. In the book that made “code is law” famous, Code and Other Laws of Cyberspace, Lessig also argued that software itself can be effectively regulated by major social institutions, such as businesses or governments. He then completed the syllogism. If other institutions can regulate software, and software can regulate individual behavior, then software provides these institutions an effective way to shape the conduct of individuals.
    • Persistent Localism: New Haven's Role in Intergovernmental Water Pollution Control and Sewage Treatment Programs

      Gelatt, Andrea (2005-01-01)
      The standarq story of environmental protection over the twentieth century is one of scattered successes with limited impact until the federal government took steps to solve the most pressing environmental issues. While significant problems remain, federal efforts often made substantial improvements in the nation's air quality and waterways. In the area of water policy before the Clean Water Act, most states had water pollution control programs funded by federal grants that did not successfully improve water quality. By the 1970s, the Americans were becoming more environmentally aware, and Congress realized that a new, more forceful effort was needed to address their concerns.
    • Establishing a Global Quarantine Against Weapons of Mass Destruction

      Smith, Derek (2005-02-02)
      The proliferation of weapons of mass destruction (WMD) is on the brink of developing into an epidemic, with the potential to spread to over a dozen nuclear-capable states. This article concludes that given the limitations of traditional arms controls frameworks, a global prohibition against WMD transfer may be the last viable line of defense. It discusses why this strategy is justified under the doctrine of self-defense, as well as how it can be implemented to create both a normative foundation and an appropriate institutional framework.
    • Restructuring Hybrid Courts: Local Empowerment and National Criminal Justice Reform

      Higonnet, Ethel (2005-03-01)
      This paper explores the successes and failure of existing hybrids, evaluates the structural and theoretical advantages and disadvantages of the hybrid model, and outlines the flaws of international ad hocs that hybrids can remedy. In theory at least, hybrids can draw upon the strengths of international justice and the benefits of local prosecutions. However, in order to live up to their full potential, hybrids must be restructured to place more value in local expertise, connect better with local populations, and help rebuild local judicial systems If they are embedded into local justice systems, and their mandates are broadened to focus on local justice reform/rebuilding, hybrids have the potential to anchor justice mechanisms into local culture, genuinely altering cycles of impunity by changing local judicial institutions in a sustainable way. The hybrid model can thus move beyond retributive justice and foster a culture of accountability.
    • The Case for the Legislative Override

      Stephanopoulos, Nicholas (2005-03-06)
      Abstract: What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This Article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the Article explains which institutional and political contexts are hospitable to the override and which are not.
    • From St. Ives to Cyberspace: The Modern Distortion of the Medieval 'Law Merchant'

      Sachs, Stephen (2005-03-17)
      Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant." This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a law of their own creation. The standard history has been accepted by legal scholars across the ideological spectrum, by economists and political scientists, and by those drafting new regimes to govern Internet commerce. This Article argues that the traditional view is deeply flawed. Returning to the original sources--especially the court rolls of the fair of St. Ives, the most extensive surviving records of the period--it demonstrates that merchants in medieval England were substantially subject to local control. Commercial customs and substantive laws varied significantly across towns and fairs, and did not constitute a coherent legal order. The traditional interpretation has been retained, not for its accuracy, but for ideological reasons and for its long and self-reinforcing pedigree. This Article takes no position on the merits of shielding multinational actors from domestic law; it merely denies that the Middle Ages provide a model for such policies.
    • EQUALIZING PREGNANCY: The Birth of a Super-Statute

      Schwartz, Kevin (2005-05-07)
      Sherry O’Steen was caught in a constitutional transition. Abandoned by her husband during her unexpected pregnancy, O’Steen depended on her income from work on an assembly line at the local General Electric (G.E.) factory. But her livelihood was cut off when she was forced by G.E. into unpaid sick leave for the remainder of her pregnancy. “I didn’t tell nobody at work until I started showing,” O’Steen recalls, “but one day my boss came and told me ‘You’re too big now, you’re going to have go.’” Stripped of her wages and denied temporary disability benefits from G.E., O’Steen could not afford electricity, oil for heating, or sufficient food during her pregnancy as she cared for her two-year-old daughter alone. G.E. had guaranteed employees insurance and leave benefits for temporary disabilities arising for any reason—from vasectomies to hair transplants—but the sole exception was pregnancy. According to the Supreme Court, pregnancy discrimination remains constitutional today. In a 1974 decision never revisited by the Court, the majority validated pregnancy discrimination as constitutional under the Equal Protection Clause: “While it is true that only women can become pregnant it does not follow that every legislative classification concerning pregnancy is a sex-based classification. . . . Lawmakers are constitutionally free to include or exclude pregnancy from the coverage of legislation.” The Court applied precisely this narrow conception of sex discrimination to the private sector as well, rejecting O’Steen’s claim that pregnancy discrimination was sex-based in violation of Title VII of the Civil Rights Act. Yet today, the right of women to be free from sex discrimination on the basis of pregnancy is foundational in American society, binding private actors, legislatures, agencies, and courts alike. We can locate such a foundational right not in the judiciallyarticulated Constitution, but instead in the constitutional norms of what William Eskridge and John Ferejohn have called a “super-statute.” This Paper explicates the penetration into American public law of a new equality norm that redefined the meaning of sex discrimination in two critical ways in the face of stereotypes attached to real biological differences. First, setting aside their different views about the best way to secure workplace equality, previously divided legal feminists united to condemn as facial sex discrimination the “whipsaw effect” of pregnancy-based exclusions: On the one hand, women like Sherry O’Steen were forced into unpaid leave or fired based on a presumption of disability due to pregnancy, regardless of their capacity to work; on the other hand, women were unequally penalized for this absence by loss of the seniority, sick leave, and medical insurance that all other temporarily disabled workers received. This essential premise unified legal feminists in opposition to the Supreme Court insistence that “pregnancy . . . is not a gender-based discrimination at all.” Additionally, on the foundation of this feminist consensus that pregnancy discrimination is sex discrimination, an intensive normative debate took place within the legal feminist community and other organizations about the proper conceptual framework for targeting the discrimination. This second question in defining the modern equality norm was whether sex equality in the workplace should be delivered through special treatment for pregnant workers or through equal treatment for all workers experiencing temporary disabilities for any reason. While a six-man majority on the Supreme Court refused even to view this classification as sex discrimination at all, this Paper shows how liberal and labor feminists, unions, pro-choice and pro-life organizations united to repudiate the Supreme Court by generating a new normative baseline for modern equality jurisprudence that declares unlawful the whipsaw of pregnancy discrimination and that extinguishes facial exclusionary policies through an equal-treatment framework.
    • Development Theory and Foundations of Universal Access Policies

      Pereira Neto, Caio (2005-08-01)
      This article discusses the justifications to implement public policies towards widespread access to information and communications technologies (ICTs) in the context of developing countries. It argues that the so-called universal access policies can be seen as important pieces of broader development strategies. In this sense, there is a strong case for governments of developing countries to foster access to ICTs. The work is structured in three parts. Part I examines the theoretical arguments and empirical evidence supporting the positive impact of access to ICTs on economic growth. Part II discusses the impact of access to ICTs on the improvement of human functionings and expansion of human capabilities. Finally, Part III addresses the impact of universal access policies on the reduction of inequality, relating this effect to sustainable development. A brief conclusion ties the three parts together.

      Dasgupta, Anisha (2005-08-01)
      This Article connects the rise and fall of the early American lottery with changes in the laws governing incorporation and public borrowing. Part II of the Article describes the legal obstacles that hindered private and public actors from carrying out internal improvements in order to illustrate why lotteries were an appealing funding device. Part III uses case study analysis of six eighteenth century lotteries to explore why lotteries were initiated and why they failed to achieve their promise as a funding device. Part IV makes the link between the uses of the lottery as an instrument of government and the fortunes of the lottery in American public life. As I will argue, public finance imperatives did much to cause the historical rise and fall of the lottery, as well as its resurgence in the modern day.
    • Procedural Cross-Unit Bargaining: An Argument in Support of Greater Union Solidarity in Labor Negotiations

      Estell, Michael (2005-08-01)
      The recognized and prospective unions of workers at Yale University have for many years been joined in an alliance that presents a fairly typical example of cross-unit solidarity. This alliance, now known as the Federation of Hospital and University Employees, is comprised of Local 35, representing Yale’s service and maintenance workers; Local 34, representing Yale’s clerical and technical workers; the Graduate Employees and Students Organization (GESO), which seeks recognition as the bargaining unit for Yale’s graduate student teachers; and a group of workers at Yale New-Haven Hospital who seek union recognition.