The Yale Law Journal

Conflict of Laws


Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law

Megan McGlynn

The existing approaches to conflicts of state search-and-seizure laws are either theoretically or practically flawed. When a search implicates multiple states’ laws, courts should undertake a two-step analysis. First, they should determine whether a conflict exists; and second, they should apply the…


The Judicial Enforceability and Legal Effects of Treaty Reservations, Understandings, and Declarations

Eric Chung

abstract.The United States often ratifies multilateral treaties by relying on what are commonly referred to as reservations, understandings, and declarations (RUDs). RUDs limit the domestic effect of treaties and confine provisions to particular meanings consistent with the United States’ prac…


“Early-Bird Special” Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision

Michael C. Dorf & Neil S. Siegel

In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States reaches the merits of the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. …


The Classic Rule of Faith and Credit

David E. Engdahl

118 Yale L.J. 1584 (2009).


Since the late nineteenth century, orthodox doctrine under the Constitution’s Full Faith and Credit Clause has presumed that the interpretation of that Clause set forth in Justice Joseph Story’s 1833 Commentaries on the Constitution of the United States was essentially…


Chevronizing Foreign Relations Law

Eric A. Posner & Cass R. Sunstein

116 Yale L.J. 1170 (2007)

A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to appl…


Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext

Eric F. Citron

Since Whren v. United States, Fourth Amendment analysis has failed to appreciate the serious wrongfulness of pretextual police behavior—especially searches and seizures. This is not because a pretext test is impractical or philosophically unsound. Rather, the problem lies in the current focus of our…


Of Sovereigns and Servants

Heather K. Gerken

115 Yale L.J. 2633 (2006)


Break Up the Presidency? Governors, State Attorneys General, and Lessons from the Divided Executive

William P. Marshall

115 Yale L.J. 2446 (2006)

Proponents of the unitary executive have contended that its adoption by the framers "swept plural executive forms into the ash bin of history." Virtually every state government, however, has a divided executive in which executive power is apportioned among different executiv…


Can Strong Mayors Empower Weak Cities? On the Power of Local Executives in a Federal System

Richard C. Schragger

This Essay considers the historic weakness of the American mayoralty and recent reform efforts designed to strengthen it. I argue that the strong mayoralty is a potential instrument for democratic self-government to the extent that it is able to amass power on behalf of the city.