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 ...

115 Yale L.J. 2037 (2006) Commentary: How To Interpret the Constitution (and How Not To) ...

118 Yale L.J. 1762 (2009). What is the force of international law as a matter of U.S. law? Who determines that force? This Essay maintains that, for the ...

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 ...

Most accounts of trade law see legislation as the primary means of converting international commitments into U.S. law. Taking up trade in distilled spirits as a case study, this Essay shows that ...

This Essay explores the people’s right to amend state constitutions and threats to that right today. It explains how democratic proportionality review can help courts distinguish unconstitutional ...

118 Yale L.J. 1318 (2009). More than twenty-one years after Robert Bork’s failed Supreme Court nomination and seventeen years after Planned ...

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 ...