Workers’ rights protections at the state and local levels face a doctrinal brick wall: sweeping NLRA preemption. While the market participant exception provides an opening for some protections, courts ...
Articles and publications by in the Yale Law Journal.
This Feature argues that federal courts have constructed a separate Constitution at the border—one that licenses surveillance, unchecked executive power, and racial profiling. It warns that border ...
This Article reconstructs the early American law of officeholding, arguing that it supported and regulated decentralized governance. The Article shows how the rise of the administrative state changed ...
Articles and publications by in the Yale Law Journal.
Kellen Funk’s study of the Field Code in Law’s Machinery invites examination of law and empire in American history. As this Review shows, it reveals how civilizational anxieties and capitalism ...
Kellen Funk’s study of the Field Code in Law’s Machinery invites examination of law and empire in American history. As this Review shows, it reveals ...
Workers’ rights protections at the state and local levels face a doctrinal brick wall: sweeping NLRA preemption. While the market participant ...
Taking China’s nationality policies as a case study, this Note develops a theory of “latent nationality”: states selectively leverage laws banning ...
The Framers of the U.S. Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The ...
Conversation about Masterpiece Cakeshop has focused on the Court’s holding that decisionmakers must treat those seeking religious exemptions with respect. This Essay brings to light the case’s broader ...
Articles and publications by Dean Harold Hongju Koh in the Yale Law Journal.
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