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.

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

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

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

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 ...

abstract. A rebirth of American education occurred in the state constitutional conventions of the Reconstruction South. At a moment of national constitutional reformation, biracial coalitions of ...

abstract. Younger v. Harris is canonical in the field of federal courts and exerts significant influence on federal civil-rights litigation. The decision’s exposition of “Our Federalism” produced the ...

Civil asset forfeiture was once a law-enforcement tool. Today, however, police and prosecutors use forfeiture to fundraise, not to fight crime. This Note challenges the constitutionality of these ...