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 ...

Articles and publications by in the Yale Law Journal.

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 ...

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 ...

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. Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted ...

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 ...