abstract. A tide of skepticism of the administrative state has been rising among members of the judiciary and the academy. Uncomfortable with the ways doctrines like Chevron and Auer seem to leave ...

engines gather vast troves of information about their users—users who do not pay for, and often do not subscribe to, their services.4 This Comment briefly summarizes the history and structure of the ...

120 Yale L.J. 910 (2011). This Note provides a defense of the Supreme Court’s decision in Credit Suisse Securities (USA) LLC v. Billing, in which the Court reaffirmed a broad standard for determining ...

122 Yale L.J. 1280 (2013).This Note examines whether state or federal principles of administrative law should govern suits challenging state agency action pursuant to cooperative federalism statutes.

an empirical look at churches in the zoning process Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000,8 federal law that profoundly reshapes the rights of churches in land use ...

120 Yale L.J. 2183 (2011).

Transplantation Committee estimates that this new system of “longevity matching” will wring an extra 8,380 years of life out of the nation’s supply of Critics have charged the plan with age ...

111 Yale L.J. 1665 (2002)There is a principle of constitutional law holding that "one legislature may not bind the legislative authority of its successors." The Supreme Court recently discussed that ...

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 ...

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 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 ...

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 ...