Nov 12, 2018 · Can President Trump unilaterally withdraw the United States from any and all international agreements to which the United States is a party? This Essay argues that constitutional, functional, and comparative-law considerations dictate that the answer is a resounding “no.” 

Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray because it vacillates between two conceptions of constitutional rights: rights that “nullify” changes to subconstitutional law and rights that impose “duties” on officers.

Jan 12, 2025 · Behold Judge Jailbird. Duly convicted of receiving bribes or tax evasion, the not-so-honorable judge now makes his chambers in a cell. But until Congress manages to impeach and convict him, Judge Jailbird continues to draw his six-figure salary and remains a judge.

Introduction. In the wake of the COVID-19 pandemic, sovereign debt in developing countries ballooned to unprecedented levels. According to one estimate from 2021, the global pandemic added $24 trillion to global debt, a number that is estimated to be even higher by the time of this Note’s publication. 1 A second estimate suggests that the global debt burden increased by more in 2020 than in ...

Everyone believes that immigration law has been exceptional since its late nineteenth-century birth—insulated from judicial review by the Court’s creation of the “plenary power doctrine.” But early immigration law was actually ordinary public law. Recovering this reality has profound implications for scholars of immigration and public law alike.

Jan 3, 2025 · Platforms’ content moderation of medical misinformation has become one of this era’s biggest political controversies. This Essay traces how platforms’ choices during the COVID-19 pandemic became so politicized, and how the category “medical misinformation” cannot be used to skirt important questions about the legitimacy of …

This Essay explores the people’s right to amend state constitutions and threats to that right today. It explains how democratic proportionality review can help courts distinguish unconstitutional infringement of the right from legitimate regulation. More broadly, the Essay considers the distinctive state constitutional architecture that popular amendment illuminates.

the yale law journal forum April22, 2024 1176 humans who have interacted with LLMs have asserted, or raised questions as to whether, they have or are approaching sentience.1 Others have warned that re- cent advances in AI raise the possibility of …

Nov 12, 2024 · This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.  

The legal system’s ability to control people’s time is a form of dominion that exacerbates the structural disadvantages that marginalized families already face. Constriction, stretching, and indeterminacy are important aspects of temporal marginalization in the family regulation system. Considering the experience of time is one step towards understanding its impacts.