This Essay explores the aftermath of Section 2 of the Voting Rights Act. Section 2 has served as an imperfect side constraint on majoritarian power. As Section 2 lies on its deathbed, this Essay ...

This Essay explores the aftermath of Section 2 of the Voting Rights Act. Section 2 has served as an imperfect side constraint on majoritarian power. As Section 2 lies on its deathbed, this Essay ...

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 ...

Modern presidents don’t just execute, they “adjudicate” — making fact-specific, high-stakes decisions about sanctions, enforcement, grants, and legal interpretations. As the Supreme Court empowers the ...

President Trump’s version of the unitary executive disregards the Constitution’s numerous exceptions and qualifications.” Not all executive power rests with the President. Many powers require Senate ...

This essay is part of a collection The <I>Insular Cases</I> in Light of <I>Aurelius</I> Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the ...

122 Yale L.J. 1372 (2013). “Rape-by-deception” is almost universally rejected in American criminal law. But if rape is sex without the ...

The criminal justice system is broken. Its policies and policing practices flood courtrooms in urban environments with too many cases to handle given available resources. Many are cases involving ...

The Sleeping Sovereign: The Invention of Modern Democracy by richard tuck cambridge university press, 2016 authors. Professor of Law, Yale University, and Robinson O. Everett Professor of Law, Duke ...