Articles and publications by in the Yale Law Journal.

Drawing on an original data set, this Essay documents partisan polarization by party of presidential appointee in application of the Roberts Court’s ...

For decades, state tort law has provided a mechanism for addressing environmental damage even if the cause is transboundary in nature. This Essay argues that state common law should likewise be ...

Drawing on an original data set, this Essay documents partisan polarization by party of presidential appointee in application of the Roberts Court’s major campaign-finance decisions and reflects on ...

The Board of Immigration Appeals issued its first 100 Volume 29 precedents at triple the historical pace, engineering a body of law designed to produce removal. This Essay explains why these decisions ...

In the fall of 2024, an immigration judge (IJ) considered the removal case of a Haitian man with diagnosed schizophrenia and major depressive disorder, among other mental-health conditions. 1 The IJ ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

abstract. Drug scheduling places substances believed to be harmful and addictive under strict federal control. In 1970, Congress enacted the Controlled Substances Act (CSA), which split drug ...

abstract. The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the U.S.

abstract. With the overturning of Roe v. Wade, the antiabortion movement has focused on a new strategy: transforming the Comstock Act, a postal obscenity statute enacted in 1873, into a categorical ...

abstract. In its recent decisions in Skilling, McDonnell, and Percoco, the Supreme Court has cut back on honest services fraud (18 U.S.C. § 1346)—a broad-reaching statute that federal prosecutors have ...

abstract. Over the past generation, conflicting trends have reshaped the ownership of corporate equity on the one hand and corporate debt on the other. In equity, the two great trends have been the ...