114 Yale L.J. 1997 (2005)In a widely discussed empirical study, Richard Sander concludes that affirmative action at U.S. law schools causes blacks to fail the bar. If correct, this conclusion would ...

115 Yale L.J. 2633 (2006) ...

author. District Judge, United States District Court for the Southern District of New York; Law Clerk for Justice David H. Souter, 2003-03. I had the distinct privilege of clerking for Associate ...

115 Yale L.J. 2101 (2006) ...

120 Yale L.J. 1734 (2011). This Feature is an adaptation of chapter 3 of a forthcoming book, America’s Unwritten Constitution, which in turn is a sequel to a 2005 book, America’s Constitution: A ...

century. Together, these books define the core curriculum of what might be called the modern Yale School of Constitutional Interpretation.3 The publication of Alexander Bickel’s The Least Dangerous ...

115 Yale L.J. 2015 (2006) ...

122 Yale L.J. 2336 (2013).In Gideon v. Wainwright, twenty-three state attorneys general, led by Walter F. Mondale and Edward McCormack, joined an amicus brief on the side of the criminal accused, ...

Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground ...

In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems and kept their constitutions free from ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...