120 Yale L.J. 1784 (2011). Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute ...

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. This Essay explores how amicus briefs became a tool for coordinated judicial lobbying by dark-money interests. I show how current funding-disclosure rules for amici fail to provide genuine ...

abstract. The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the U.S.

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. 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. This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; ...

abstract. Today’s left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our ...

abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...

abstract. America has an access-to-justice crisis. At a time when law is more prominent in every facet of American life and commerce than ever before, most of our people and small businesses have no ...

abstract. For decades, Fourth Amendment protections have turned on “reasonable expectations of privacy.” But a new era may be dawning. There is growing interest among judges and scholars in turning ...