| Recent Media Coverage of YLJ Article, Outcasting: Enforcement in Domestic and International Law |
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| Julie Wang, Sunday, 06 November 2011 |
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Legal Theory Blog has named YLJ article Outcasting: Enforcement in Domestic and International Law as its recommended “Download of the Week.” Opinio Juris has also held a symposium on the article, with commentaries from Samantha Besson, Gary Bass, and Michael Helfand, among others. Responses from Oona A. Hathaway and Scott J. Shapiro, authors of the article, follow. In Outcasting: Enforcement in Domestic and International Law, an article in Issue 2 of Volume 121 of YLJ, Hathaway and Shapiro examine “outcasting,” a nonviolent method of law enforcement that denies the benefits of social cooperation and membership to the disobedient. Hathaway and Shapiro illustrate that outcasting underpins legal regimes from medieval Iceland to the World Trade Organization. The article demonstrates that the traditional critique of international law—that it is not enforced and is therefore not “real” law—ignores the fact that outcasting in international law resembles similar forms of nonviolent enforcement that have sustained a variety of legal regimes for centuries.
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Articles
Michelle Wilde Anderson, Dissolving Cities, 121 Yale L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1919768.
Ian Ayres, Regulating Opt-Out: An Economic Theory of Altering Rules, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1934412.
D. James Greiner & Cassandra W. Pattanayak, Randomized Evaluation in Legal Assistance: What Difference Does Representation Make?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1708664.
Daryl J. Levinson, Rights and Votes, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1889264.
Ruth Mason & Michael Knoll, What Is Tax Discrimination?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1647014.
Christopher Re & Richard Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, 121 YALE L.J. (forthcoming 2012).
Notes
Barrett Anderson, Note, Recognizing Character: A New Perspective on Character Evidence, 121 Yale L.J. (forthcoming 2012).
Jesse Cross, Note, “Done in Convention”: The Attestation Clause and the Declaration of Independence, 121 Yale L.J. (forthcoming 2012).
Miles Farmer, Note, Mandatory and Fair?: A Better System of Mandatory Arbitration, 121 Yale L.J. (forthcoming 2012).
Eric Fish, Note, The Twenty-Sixth Amendment Enforcement Power, 121 Yale l.J. (forthcoming 2012).
Jonah Gelbach, Note, Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery, 121 Yale L.J. (forthcoming 2012).
Danielle M. Lang, Note, Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability to Bring Successful Padilla Claims, 121 Yale l.J. (forthcoming 2012).
Nick McLean, Note, Cross-National Patterns in FCPA Enforcement, 121 Yale l.J. (forthcoming 2012).
Comments
Douglas Lieb, Comment, Can Section 1983 Help To Prevent the Execution of Mentally Retarded Prisoners?, 121 Yale l.J. (forthcoming 2012).
Jeffrey Love, Comment, Second Order Clear Statement Rules, 121 Yale L.J. (forthcoming 2012).
Margaret B. Weston, Comment, One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement, 121 Yale l.J. (forthcoming 2012).
David Wishnick, Comment, Corporate Purposes, Contractual Freedom, and Default Rule Clarity: A Comment on eBay v. Newmark, 121 Yale L.J. (forthcoming 2012).
Yale Law Journal Online
Akhil Reed Amar, The Lawfulness of Health-Care Reform, 121 Yale L.J. Online (forthcoming 2012), available at http://ssrn.com/abstract=1856506.
Jules L. Coleman, Mistakes, Misunderstandings and Misalignments, 121 YALE L.J. ONLINE (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1970091.