Workers’ rights protections at the state and local levels face a doctrinal brick wall: sweeping NLRA preemption. While the market participant exception provides an opening for some protections, courts ...

Articles and publications by in the Yale Law Journal.

This Feature argues that federal courts have constructed a separate Constitution at the border—one that licenses surveillance, unchecked executive power, and racial profiling. It warns that border ...

This Article reconstructs the early American law of officeholding, arguing that it supported and regulated decentralized governance. The Article shows how the rise of the administrative state changed ...

Articles and publications by in the Yale Law Journal.

Kellen Funk’s study of the Field Code in Law’s Machinery invites examination of law and empire in American history. As this Review shows, it reveals how civilizational anxieties and capitalism ...

Workers’ rights protections at the state and local levels face a doctrinal brick wall: sweeping NLRA preemption. While the market participant ...

Taking China’s nationality policies as a case study, this Note develops a theory of “latent nationality”: states selectively leverage laws banning ...

The Framers of the U.S. Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The ...

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 ...

abstract. This Note reconstructs a historical regime that empowered inferior officers to decide matters of life, liberty, and property without judicial oversight. The Fugitive Slave Act of 1850 ...

abstract. Legal scholars have long recognized that the patent system is only one tool among many in law and policy for incentivizing innovation. The innovation-law toolkit includes a host of other ...