The Yale Law Journal

Christina D. Ponsa-Kraus


The Insular Cases Run Amok: Against Constitutional Exceptionalism in the Territories

Christina D. Ponsa-Kraus

This Article calls on the Supreme Court to overrule—rather than repurpose—the Insular Cases, and it points to constitutional doctrines beyond their reach that can preserve cultural practices without spawning a crisis of political illegitimacy in the unincorporated territories.



Political Wine in a Judicial Bottle: Justice Sotomayor’s Surprising Concurrence in Aurelius

Christina D. Ponsa-Kraus

This Essay criticizes Justice Sotomayor’s concurring opinion in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC. for offering a one-sided and misleading explanation of the island’s constitutional status, and thereby taking sides in Puerto Rico’s decolonization de…