Modern administrative law owes much to the appellate model of judicial review. This Note demonstrates that the origin of this foundational ...

Questions of AI liability must begin with how AI systems work in practice. Yet technology lawyers have overlooked key technical features of the large ...

Courts today stand at a doctrinal inflection point: it is unclear whether the spatial logic defining prison law can, or should, govern the digital technologies rapidly evolving behind bars. This ...

Articles and publications by in the Yale Law Journal.

For centuries, transit law has required states to permit passage across their territory. The internet, by historical accident, lacks these protections—leaving states free to disrupt global data flows.

Conventional wisdom instructs courts to prioritize text’s “ordinary meaning.” But this Feature's “contextual textualism” method ...

For centuries, transit law has required states to permit passage across their territory. The internet, by historical accident, lacks ...

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 ...

abstract. Drug scheduling places substances believed to be harmful and addictive under strict federal control. In 1970, Congress enacted the Controlled Substances Act (CSA), which split drug ...

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. This Feature advances a theoretical account of data as social relations, constituted by both legal and technical systems. It shows how data relations result in supraindividual legal ...

abstract. Common wisdom has it that bureaucrats are unaccountable to the people they regulate and must therefore be closely supervised by elected officials or (perhaps ironically) the federal courts.