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 ...

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

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. Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking ...

abstract. For generations, scholars have called on Congress to counter the Department of Justice’s Office of Legal Counsel, which offers legal advice that bolsters presidential power. They argue that ...

abstract. The United States has criminalized the manufacture, distribution, use, and possession of cannabis and its psychoactive components at the federal level since 1970. The states began to push ...