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.

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.

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.” 

Nov 22, 2024 · Today, AI enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress should respond to AI’s seismic disruptions to the music industry based on the principles of technology neutrality, expansive authorship, and rebalancing of copyright.  

the yale law journal Aprilforum 11, 2024 948 argued that history-and-tradition tests are so malleable, it is hard to get the anal-ysis “right” in any objective sort of way.

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.

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 ...

Internet disputes increasingly occur across borders. The key question, this Article contends, is not whether states can exert control over data, but rather the shape their exercises of sovereign power will take. Given this reality, application of sovereign-deference doctrines represents the best hope for the future of global internet governance.

What is the source of jurisdictional power, or the power to say what the law is and give it force in a territory? This Article examines how this fundamental attribute of sovereignty historically arose, in America, from property and property institutions, especially the local, mundane, overlooked and bureaucratic title registry.

HOW TO SUBMIT . The Yale Law Journal is now accepting submissions of Articles, Essays, Book Reviews, and Forum pieces for publication in Volume 135. To submit a piece, please visit our online submission system.If this is your first time using our submission system, please make a new account by clicking “Not a member?” on the login page.