Cross-sovereign policing allows federal, state, and local officers to exercise overlapping coercive authority while fracturing the structures that ...
Every year, states send thousands of state prisoners and foster youth to live in confinement across state lines. This Note introduces interjurisdictional ...
Prevailing forms of originalism, which eschew much of history in practice, share much in common with recent attacks on “CRT” and DEI. To illustrate ...
Native Nations were invisible in Felix Frankfurter and James Landis’s seminal piece, The Compact Clause of the Constitution, which helped entrench a ...
Volume 135 of the Yale Law Journal inaugurates the Atkins Feature. This Introduction recovers three civil-rights cases litigated by Jasper Alston Atkins, ...
abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...
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 ...
abstract. The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and ...
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. Common wisdom has it that bureaucrats are unaccountable to the people they regulate and must therefore be closely supervised by elected officials or (perhaps ironically) the federal courts.
abstract. This Feature advances a theoretical account of data as social relations, constituted by both legal and technical systems. It shows how data relations result in supraindividual legal ...
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 ...