abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...

111 Yale L.J. 231 (2001) This Article presents a comprehensive textual framework for the allocation of the foreign affairs powers of the United States ...

abstract. Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking ...

115 Yale L.J. 2314 (2006) The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Today, ...

The doctrine of judicial deference to executive interpretation casts a long shadow over the entire field of American public law. That doctrine—now commonly associated with the Supreme Court’s opinion ...

abstract. In recognition of the material, physical, and psychological harms arising from the growing use of automated monitoring and decision-making systems for labor control, jurisdictions around the ...

abstract. In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act). The Act voids predispute arbitration clauses ...

abstract. Today, artificial intelligence (AI) enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress ...

abstract. Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and ...

114 Yale L.J. 1897 (2005) Traditional justifications for civil disobedience emphasize the limits of legitimate political authority and defend civil ...

112 Yale L.J. 369 (2002) For decades our common understanding of the organization of economic production has been that individuals order their productive ...

abstract. The conventional wisdom is that the Commander-in-Chief Clause arms the President with a panoply of martial powers. By some lights, the Clause not only equips the President with exclusive ...