Articles and publications by in the Yale Law Journal.
This Note analyzes the Fugitive Slave Act of 1850 as a federal administrative regime that adjudicated core private rights—liberty and property—outside of Article III courts. This history challenges ...
Mandatory immigration detention renders vast numbers of alleged noncitizens categorically ineligible for pretrial bail and conflicts with ...
Articles and publications by in the Yale Law Journal.
This Article argues that the laws of war only became “humanitarian” in the 1990s. Centering the contributions of three international lawyers, it reexamines this transformation through the regulation ...
Articles and publications by in the Yale Law Journal.
Since Obergefell, same-sex couples have spent years litigating when, precisely, their marriages began. This Note explores state courts’ different answers ...
113 Yale L.J. 1029 (2004) Terrorist attacks will be a recurring part of our future. The balance of technology has shifted, making it possible for a small band ...
For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
This essay is part of a collection The <I>Insular Cases</I> in Light of <I>Aurelius</I> Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the ...
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 ...
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.
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