Modern administrative law owes much to the appellate model of judicial review. This Note demonstrates that the origin of this foundational ...

Conventional wisdom instructs courts to prioritize text’s “ordinary meaning.” But this Feature's “contextual textualism” method ...

Courts today stand at a doctrinal inflection point: it is unclear whether the spatial logic defining prison law can, or should, govern the digital technologies rapidly evolving behind bars. This ...

Articles and publications by in the Yale Law Journal.

For centuries, transit law has required states to permit passage across their territory. The internet, by historical accident, lacks these protections—leaving states free to disrupt global data flows.

Questions of AI liability must begin with how AI systems work in practice. Yet technology lawyers have overlooked key technical features of the large ...

abstract. Courts today stand at a doctrinal inflection point: it is unclear whether the spatial logic that has long defined prison law can, or should, govern the digital technologies rapidly evolving ...

abstract. Modern administrative-law scholarship, theory, and doctrine generally conceptualize agencies as engaging in three primary functions: rulemaking, enforcement, and adjudication. This ...

Conventional wisdom instructs courts to prioritize text’s “ordinary meaning.” But this Feature's “contextual textualism” method privileges something subtly yet significantly different: “ordinary ...