Articles and publications by in the Yale Law Journal.

Drawing on an original data set, this Essay documents partisan polarization by party of presidential appointee in application of the Roberts Court’s ...

For decades, state tort law has provided a mechanism for addressing environmental damage even if the cause is transboundary in nature. This Essay argues that state common law should likewise be ...

Drawing on an original data set, this Essay documents partisan polarization by party of presidential appointee in application of the Roberts Court’s major campaign-finance decisions and reflects on ...

Since President Trump’s inauguration last January, communities across the country have mobilized to resist the administration’s policies. This Collection studies the meanings, motivations, and ...

The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious ...

The Board of Immigration Appeals issued its first 100 Volume 29 precedents at triple the historical pace, engineering a body of law designed to produce removal. This Essay explains why these decisions ...

The Sleeping Sovereign: The Invention of Modern Democracy by richard tuck cambridge university press, 2016 authors. Professor of Law, Yale University, and Robinson O. Everett Professor of Law, Duke ...

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 the rich history of flexible employment models from union hiring halls to alternative compensation structures. It explains how gig companies are responsible for ...