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 ...

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 ...

Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court ...

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 ...

This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures ...

118 Yale L.J. 1900 (2009). Recent surveys and events indicate that judicial corruption could be a significant problem in the United States. This Note builds an ...

120 Yale L.J. 2028 (2011). Today, many Americans blame polarizing conflict over abortion on the Supreme Court. If only the Court had stayed its hand or ...

121 Yale L.J. 1168 (2012). This Note argues that the Twenty-Sixth Amendment did more than just lower the voting age. It also gave Congress the power to ...

113 Yale L.J. 1143 (2004) Today, application of the exclusionary rule to evidence obtained in reliance on a potentially invalid search warrant is governed by ...

113 Yale L.J. 1029 (2004) Terrorist attacks will be a recurring part of our future. The balance of technology has shifted, making it possible for a small band ...

117 Yale L.J. 1802 (2008). The Individuals with Disabilities Education Act (IDEA) has been widely celebrated for providing millions of disabled children with ...