Workers’ rights protections at the state and local levels face a doctrinal brick wall: sweeping NLRA preemption. While the market participant exception provides an opening for some protections, courts ...

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 ...

Articles and publications by in the Yale Law Journal.

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 ...

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 how civilizational anxieties and capitalism ...

Workers’ rights protections at the state and local levels face a doctrinal brick wall: sweeping NLRA preemption. While the market participant ...

Taking China’s nationality policies as a case study, this Note develops a theory of “latent nationality”: states selectively leverage laws banning ...

The Framers of the U.S. Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The ...

Conversation about Masterpiece Cakeshop has focused on the Court’s holding that decisionmakers must treat those seeking religious exemptions with respect. This Essay brings to light the case’s broader ...

Articles and publications by Dean Harold Hongju Koh in the Yale Law Journal.

The Yale Law Journal is excited to invite applications for the third annual Academic Summer Grants program, which supports student scholarship at YLS. These grants will provide students with a stipend ...