Yale Law Journal

The History of History and Tradition: The Roots of i Dobbs /i s Method (and Originalism) in the Defense of Segregation | Yale Law Journal

overturning Plessy v. Ferguson. This Essay challenges the claim that Dobbs is like Brown by recovering history the Court omitted in Dobbs—history that ties

Uncorking a Seventy-Four-Year-Old Bottle: A Toast to the Free Flow of Liquor Across State Borders | Yale Law Journal

one such widely enacted protectionist state law: the personal import limit. I argue that these limits, which survive essentially unchanged to this day

Questioning the Use of Structure To Interpret Statutory Intent: A Critique of i/ Utility Air Regulatory Group v. EPA /i | Yale Law Journal

Court created an interpretive precedent that is not meaningfully constrained. This Essay analyzes that precedent and its implications. First, I discuss

Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse | Yale Law Journal

Essay reports the results of a survey experiment that we conducted on over eight hundred heterosexual respondents to compare associational attitudes

Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law | Yale Law Journal

Student Essay Competition. This year’s topic was “Emerging Issues in Criminal Law.” The three winning Essays explore a range of timely criminal-law matters

State Implementation of the Electoral Count Reform Act and the Mitigation of Election-Subversion Risk in 2024 and Beyond | Yale Law Journal

This essay is part of a collection i Yale Law Journal /i Public Interest Fellowship Essays Nina Lea Oishi State Implementation of the Electoral Count

When Machines Are Watching: How Warrantless Use of GPS Surveillance Technology Violates the Fourth Amendment Right Against Unreasonable Searches | Yale Law Journal

Fourth Amendment, at least to the extent that the surveillance occurs on public streets. As we argue in this Essay, the use of GPS surveillance for

The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct | Yale Law Journal

“material” evidence—is insufficient to establish liability on a failure-to-train theory. While seemingly narrow in its holding, Connick is significant

Early-Bird Special” Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision | Yale Law Journal

taxes. This Essay takes a different approach. Rather than determining whether the meaning of the word “tax” in the TAIA is broader than, coextensive with

A Procedural Rule and a Substantive Problem: Legislative Hawks and the Concentration of Power in Georgia’s Speaker of the House | Yale Law Journal

outcome of most of these proposals. And decisions end up being made by the few, rather than by the many. But the committee system is essential. This is