While the Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense, this Essay argues that the case is actually a road map to many of the problems faced by the ...
For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
For over a century, the Yale Law Journal has been at the forefront of legal scholarship, sparking conversation and encouraging reflection among scholars and students, as well as practicing lawyers and ...
abstract. The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems ...
115 Yale L.J. 2112 (2006) In Georgia v. Ashcroft, the Supreme Court weakened the protections afforded to minority voters in jurisdictions covered by the ...
This Essay responds to Owen Gallogly’s Equity’s Constitutional Source. It argues that it is implausible to locate the federal courts’ authority to afford equitable relief in Article III, but it ...
114 Yale L.J. 855 (2005) Mainstream and revisionist scholars advance radically different histories of early judicial involvement in foreign affairs. By ...
118 Yale L.J. 1762 (2009). What is the force of international law as a matter of U.S. law? Who determines that force? This Essay maintains that, for the ...
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 ...
Articles and publications by Ben W. Heineman, Jr. in the Yale Law Journal.
Articles and publications by Dean Harold Hongju Koh in the Yale Law Journal.