The Yale Law Journal



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


Impeachment: A Handbook

Charles Black’s Impeachment: A Handbook has become the authoritative guide on the subject of presidential impeachment. This year, the Yale University Press published a new edition of the classic, incorporating new material by constitutional theorist Philip Bobbitt. Bobbitt’s contribution to the new edition appears in this Essay.


26 Nov 2018
Constitutional Law


In the Shadow of Child Protective Services: Noncitizen Parents and the Child-Welfare System

The noncitizen parent exists between two often-conflicting legal identities: that of an immigrant and that of a parent. This Essay argues that state child services should strive to mitigate the tension between these identities and take an active role in shielding these parents from immigration consequences of family-law proceedings.  

21 Nov 2018
Immigration LawFamily LawCriminal Procedure


Presidential Power to Terminate International Agreements

Can President Trump unilaterally withdraw the United States from any and all international agreements to which the United States is a party? This Essay argues that constitutional, functional, and comparative-law considerations dictate that the answer is a resounding “no.” 

12 Nov 2018
International LawConstitutional LawSeparation of Powers


The New Class Blindness

An increasing number of judges argue that courts are flatly prohibited from taking class into account when interpreting the Fourteenth Amendment. Contesting that claim, this Article traces the persistence of class-related concerns in Fourteenth Amendment doctrine from the Warren Court to the present day.

25 Oct 2018
Constitutional LawReproductive Rights


22 Jan 2019

Announcing Volume 129

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