Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic ...

abstract. This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; ...

Recent events such as the attack on Sony by North Korea and revelations that Russians hacked President Obama’s e-mail have drawn attention to the dilemma of harmful transborder state and non-state ...

118 Yale L.J. 1900 (2009). Recent surveys and events indicate that judicial corruption could be a significant problem in the United States. This Note builds an ...

Testifying before the Senate Judiciary Committee regarding her confirmation as a Supreme Court Justice, Solicitor General Elena Kagan summed up in a cool and even-handed manner the arguments she and ...

abstract. Today’s left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our ...

111 Yale L.J. 443 (2001) The path of international law over the last century has been one of increasing both the breadth and the depth of its coverage. Its ...

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. The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and ...

The criminal justice system is broken. Its policies and policing practices flood courtrooms in urban environments with too many cases to handle given available resources. Many are cases involving ...

abstract. Increasingly, automated processes—under the catch-all term “artificial intelligence” (AI)—serve as “mechanical managers” in the workplace. They may manifest as productivity applications to ...