114 Yale L.J. 273 (2004) This Essay offers a framework to explain large-scale effective practices of sharing private, excludable goods. It starts with case ...

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

abstract. The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the U.S.

abstract. For decades, Fourth Amendment protections have turned on “reasonable expectations of privacy.” But a new era may be dawning. There is growing interest among judges and scholars in turning ...

This Feature offers an account of what is wrong with consensual professor-student sex. Such sex constitutes a failure, on the professor’s part, to ...

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. 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 ...

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

For the last seventy-five years, the due-process limits on state courts’ assertions of personal jurisdiction have been defined largely in light of International Shoe. It is thus helpful to start with ...

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 ...

118 Yale L.J. 1256 (2009). This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state ...

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 ...