This Feature argues that the Supreme Court has some, but only limited, constitutional power to establish methodological precedents. The Court cannot issue ...
On April 13, 2026, Justice Ketanji Brown Jackson delivered the James A. Thomas Lecture at Yale Law School. The following piece is adapted (with slight ...
SFFA has weakened the constitutional defensibility of race-neutral policies that are intended to increase diversity. To survive, affirmative action needs ...
This Feature argues that the Supreme Court has some, but only limited, constitutional power to establish methodological precedents. The Court cannot issue a decision simply imposing, for example, ...
Efforts by scholars to revive “general law” fail to appreciate the incompatibility of that law with the post-Erie constitutional order. Because of this incompatibility, originalism is left with “the ...
Articles and publications by in the Yale Law Journal.
Articles and publications by in the Yale Law Journal.
On April 13, 2026, Justice Ketanji Brown Jackson delivered the James A. Thomas Lecture at Yale Law School. The following piece is adapted (with slight editing and supporting footnotes) from that ...
Explore 1 articles and publications tagged with 'Supreme Court Collection' in the Yale Law Journal.
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 ...
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 ...
Wolford v. Lopez rejected Hawai‘i’s presumptive carry prohibition on private property open to the public. This Essay develops the decision’s historical and constitutional foundations, arguing that ...
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