The Yale Law Journal



Wayfair Undermines Nicastro: The Constitutional Connection Between State Tax Authority and Personal Jurisdiction

This Essay exposes connections between two controversial cases that unsettled two ostensibly distinct areas of constitutional law—Wayfair v. South Dakota and J. McIntyre Machinery, Ltd. v. Nicastro—arguing that Wayfair’s underlying logic warrants narrowing or overruling Nicastro. 

05 Feb 2019
Civil ProcedureTaxFederalism


Korematsu in the Court of History: Seventy-Five Years Later

2019 marks seventy-five years since the Supreme Court handed down its opinion in Korematsu v. United States. This Collection examines Korematsu's legacy for national security law, race, and equal protection, and explores what Korematsu means today in light of its formal overruling in Trump v. Hawaii.

30 Jan 2019
Antidiscrimination LawCivil Rights LawNational Security


The Reach of Local Power

Recent litigation has challenged local California prosecutors’ power to seek and receive statewide relief for violations occurring outside county lines. This Essay argues against this trend and explains why it is inappropriate to apply the constitutional norms that state-versus-federal conflicts to conflicts between states and municipalities. 

06 Dec 2018
Local Government LawFederalismConsumer Law


The Pope and the Capital Juror

The Pope recently pronounced capital punishment impermissible. Counterintuitively, this might make capital punishment less popular but more prevalent. This Essay anticipates this dynamic, and explores how “death qualification” of juries insulates the death penalty even as community morality evolves away from it.

03 Dec 2018
Criminal Procedure


What Should We Do After Work? Automation and Employment Law

The existing fortress of employment-based rights and benefits is falling apart. The dominant legal responses to fissuring fail to meet, and even exacerbate, the challenge of contemporary automation. The way forward, this Article contends, must begin by separating what workers’ entitlements should be from where their economic burdens should fall.

29 Nov 2018
Labor and Employment Law


Litigating Data Sovereignty

Internet disputes increasingly occur across borders. The key question, this Article contends, is not whether states can exert control over data, but rather the shape their exercises of sovereign power will take. Given this reality, application of sovereign-deference doctrines represents the best hope for the future of global internet governance.

29 Nov 2018
Internet LawForeign Affairs Law


22 Jan 2019

Announcing Volume 129

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