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

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 ...

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

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 ...

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 ...

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 ...

Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic ...

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. Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking ...