The Yale Law Journal

VOLUME
130
2020-2021
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The Insular Cases in Light of Aurelius

02 Nov 2020

Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the Supreme Court in Aurelius. This collection evaluates these cases’ continuing influence, and is dedicated to the memory of Judge Juan R. Torruella, a forceful scholar of these cases’ troubled legacy.

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A Dedication to Judge Juan Torruella

Stephen G. Breyer

Justice Stephen Breyer reflects on his friendship with Judge Juan Torruella.

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On Judge Juan Torruella

José A. Cabranes

Judge José Cabranes describes Judge Juan Torruella’s legacy and his place in the history of Puerto Rico and of the United States.

 

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How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire

Aziz Rana

This Essay defends the importance of the Insular Cases in American constitutional development. It explores the extent to which the United States has from the founding been a project of empire as well as the centrality of events surrounding those cases to basic transformations in twentieth century le…

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After Aurelius: What Future for the Insular Cases?

Adriel I. Cepeda Derieux & Neil C. Weare

The Court’s recent failure to overrule the Insular Cases represents a missed opportunity to move past the racially motivated doctrine of territorial incorporation. Three cases involving the denial of citizenship, warrantless searches, and unequal benefits in U.S. territories demonstrate the Insular …

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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…