The Stored Communications Act poses an increasing threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the ...

Antitrust theory portrays data privacy as a factor, like quality, that improves with competition. This Essay argues that view, though not inaccurate, is incomplete. It offers a new account of how data ...

In civil litigation, police most commonly appear as defendants. But police also act as plaintiffs, suing the individuals they police. This Article argues that these plaintiff police claims cause ...

This Article offers the first legal history of the Comstock Act from its enactment to its post-Dobbs reinvention. From conflicts over Comstock’s enforcement emerged popular claims on democracy, ...

Current First Amendment doctrine permits courts to judge a claimant’s religious sincerity in a free-exercise suit but prohibits them from adjudicating religious questions. This Note challenges that ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

Articles and publications by in the Yale Law Journal.

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

Witherspoon v. Illinois bars the state from disqualifying jurors solely for opposing the death penalty. That holding remains good law. But practice, Witherspoon is a mirage in capital appeals. This ...

In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems ...