Each attempt to resolve how (or whether) college student-athletes can be compensated for playing sports has resolved some problems but created new ones. This Essay argues that treating ...

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 major campaign-finance decisions and reflects on ...

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 ...

Since President Trump’s inauguration last January, communities across the country have mobilized to resist the administration’s policies. This Collection studies the meanings, motivations, and ...

The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious ...

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

abstract. In the legal histories of Reconstruction, the Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ...

abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...

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 ...