This Essay explains why the Supreme Court’s ruling in Free Speech Coalition v. Paxton will encourage anti-LGBTQ advocates to continue relying on concocted “harmful to children” claims to restrict ...
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 ...
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 ...
Articles and publications by in the Yale Law Journal.
This Article reconstructs the early American law of officeholding, arguing that it supported and regulated decentralized governance. The Article shows how the rise of the administrative state changed ...
abstract. Workers’ rights protections at the state and local level face a doctrinal brick wall: sweeping National Labor Relations Act (NLRA) preemption. Departing from the NLRA’s text, federal courts ...
abstract. This Feature identifies and theorizes a distinct constitutional regime that federal courts have constructed at, adjacent to, and because of the nation’s border. Drawing together strands of ...
abstract. This Note explores the growing problems caused by weaponized nationality. Taking China’s nationality policies as a case study, the Note shows how the country selectively leverages its law ...