Mandatory immigration detention renders vast numbers of alleged noncitizens categorically ineligible for pretrial bail and conflicts with ...

Articles and publications by in the Yale Law Journal.

This Note analyzes the Fugitive Slave Act of 1850 as a federal administrative regime that adjudicated core private rights—liberty and property—outside of Article III courts. This history challenges ...

Articles and publications by in the Yale Law Journal.

This Article argues that the laws of war only became “humanitarian” in the 1990s. Centering the contributions of three international lawyers, it reexamines this transformation through the regulation ...

Articles and publications by in the Yale Law Journal.

Since Obergefell, same-sex couples have spent years litigating when, precisely, their marriages began. This Note explores state courts’ different answers ...

113 Yale L.J. 1029 (2004) Terrorist attacks will be a recurring part of our future. The balance of technology has shifted, making it possible for a small band ...

abstract. In recognition of the material, physical, and psychological harms arising from the growing use of automated monitoring and decision-making systems for labor control, jurisdictions around the ...

This essay is part of a collection The <I>Insular Cases</I> in Light of <I>Aurelius</I> Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the ...

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 ...

abstract. This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; ...