This Essay explores public-benefits agencies’ increasing reliance on technology and remote services and its impact on welfare-rights litigation. The Essay argues that the lack of direct regulation of ...

This Collection features Essays from the 2023-2024 Yale Law Journal Public Interest Fellows. The Fellows share reflections on their experiences working in public service at Legal Action Chicago and ...

Women in the U.S. territories experience particularized harms often rooted in U.S. colonization and the territories’ political relationship with the United States. This Essay describes how traditional ...

Federal courts are courts of limited jurisdiction: Article III of the Constitution cabins their subject-matter jurisdiction to certain “cases” and “controversies.” 1 Constitutional standing doctrine ...

abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...

abstract. The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and central role that liability insurance ...

Three cases, Johnson v. M’Intosh, 1 decided in 1823; Cherokee Nation v. Georgia, 2 decided in 1831; and Worcester v. Georgia, 3 decided in 1832, all authored by Chief Justice Marshall and collectively ...

When Congress creates a statutory cause of action, some required elements of that cause of action may be considered “jurisdictional,” while others may not. The difference between jurisdictional and ...

abstract. The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of ...

abstract. This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. A typical business corporation pools together a large number of ...

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. “Cooperative federalism” is not just a model of federalism; it is a model of administration. From health care to air quality to emergency management, transportation, immigration, national ...