abstract. The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems ...

118 Yale L.J. 1660 (2009). From the early days of the Republic, courts have encountered the question of whether and to what extent provisions of the ...

Kellen Funk’s study of the Field Code in Law’s Machinery invites examination of law and empire in American history. As this Review shows, it reveals ...

This Feature argues that federal courts have constructed a separate Constitution at the border—one that licenses surveillance, unchecked executive power, and racial profiling. It warns that border ...

abstract. In recognition of the material, physical, and psychological harms arising from the growing use of automated monitoring and decision-making systems for labor control, jurisdictions around the ...

Over the past few years, the federal government has significantly increased its capacity to systematically strip naturalized U.S. citizens of their citizenship. Throughout this country’s history, ...

abstract. In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act). The Act voids predispute arbitration clauses ...

abstract. Antibodies constitute a staggering $145 billion annual market—an amount projected to almost double by 2026. Consequently, patents covering antibodies are among the most valuable in the ...

122 Yale L.J. 1372 (2013). “Rape-by-deception” is almost universally rejected in American criminal law. But if rape is sex without the ...

abstract. Over the past generation, conflicting trends have reshaped the ownership of corporate equity on the one hand and corporate debt on the other. In equity, the two great trends have been the ...

abstract. The conventional wisdom is that the Commander-in-Chief Clause arms the President with a panoply of martial powers. By some lights, the Clause not only equips the President with exclusive ...

abstract. A perennial challenge for the administrative state is to answer the “democracy question”: how can the bureaucracy be squared with the idea of self-government of, by, and for a sovereign ...