112 Yale L.J. 1 (2002) In some parts of the world, you can go to jail for reciting a poem in public without permission from state-licensed authorities. Where ...
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 ...
This Feature offers an account of what is wrong with consensual professor-student sex. Such sex constitutes a failure, on the professor’s part, to ...
Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine
abstract. On the final day of Justice Breyer’s tenure on the U.S. Supreme Court, the Court formally recognized the major questions doctrine, which requires an agency to point to “clear congressional ...
abstract. This Essay explores perceived biases within recent Supreme Court decisions affecting voting access and their implications for American democracy. The Supreme Court plays a pivotal role in ...
abstract. This Article tells an untold history of the American title registry, a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental ...
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. Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking ...
Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic ...
abstract. The Supreme Court is poised to toughen the nondelegation doctrine to strike down acts of Congress that give broad discretion to administrators, signaling a potential revolution in the ...
abstract. In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court held that the constitutionality of modern gun laws must be evaluated by direct analogy to history, unmediated by familiar ...
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