110 Yale L.J. 785 (2001)The Internet and the Dormant Commerce ClauseJack L. Goldsmith & Alan O. Sykes ...
113 Yale L.J. 493 (2003) Judges have been called liars, but lying is not necessarily a bad thing. Judges must be given the ability to overrule; otherwise, we ...
abstract. This Note aims to develop and describe a new type of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial ...
111 Yale L.J. 761 (2001) ...
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. On the final day of Justice Breyer’s tenure on the U.S. Supreme Court, the Court formally recognized the major questions doctrine, which requires an agency to point to “clear congressional ...
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; ...
abstract. The suffrage movement in Iran achieved its goal of formally enfranchising women in 1963, through a referendum in which women voted. This Essay explores the movement for Iranian women’s ...
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.
abstract. The United States has criminalized the manufacture, distribution, use, and possession of cannabis and its psychoactive components at the federal level since 1970. The states began to push ...
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 ...