It is not normal in a democratic system for a president to tell judges how to decide cases, even when it comes to courts housed in executive agencies. Decisional independence is critical for the rule ...

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 ...

On April 13, 2026, Justice Ketanji Brown Jackson delivered the James A. Thomas Lecture at Yale Law School. The following piece is adapted (with slight ...

Explore 1 articles and publications tagged with 'Supreme Court Collection' in the Yale Law Journal.

This Feature argues that the Supreme Court has some, but only limited, constitutional power to establish methodological precedents. The Court cannot issue ...

SFFA has weakened the constitutional defensibility of race-neutral policies that are intended to increase diversity. To survive, affirmative action needs ...

This Feature argues that the Supreme Court has some, but only limited, constitutional power to establish methodological precedents. The Court cannot issue a decision simply imposing, for example, ...

Articles and publications by in the Yale Law Journal.

Efforts by scholars to revive “general law” fail to appreciate the incompatibility of that law with the post-Erie constitutional order. Because of this incompatibility, originalism is left with “the ...

Articles and publications by in the Yale Law Journal.

On April 13, 2026, Justice Ketanji Brown Jackson delivered the James A. Thomas Lecture at Yale Law School. The following piece is adapted (with slight editing and supporting footnotes) from that ...