While the Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense, this Essay argues that the case is actually a ...

While the Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense, this Essay argues that the case is actually a road map to many of the problems faced by the ...

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 ...

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 argues that President Donald Trump’s 2025 executive order and subsequent actions challenging the Smithsonian Institution’s curatorial and organizational autonomy exemplify executive ...

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 ...

In several recent cases involving claims that security-clearance decisions violated plaintiffs’ constitutional rights, courts have seemed more willing to scrutinize these decisions, which are usually ...

111 Yale L.J. 231 (2001) This Article presents a comprehensive textual framework for the allocation of the foreign affairs powers of the United States ...

This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend ...

115 Yale L.J. 2112 (2006) In Georgia v. Ashcroft, the Supreme Court weakened the protections afforded to minority voters in jurisdictions covered by the ...

This Collection critically examines legal issues in the U.S. territories and explores pathways for reform. These four Essays challenge the emerging “Law of the Territories” framework, document the ABA ...