This essay is part of a collection The <I>Insular Cases</I> in Light of <I>Aurelius</I> Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the ...

abstract. America has an access-to-justice crisis. At a time when law is more prominent in every facet of American life and commerce than ever before, most of our people and small businesses have no ...

abstract. Over the past generation, conflicting trends have reshaped the ownership of corporate equity on the one hand and corporate debt on the other. In equity, the two great trends have been the ...

abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under ...

abstract. On the final day of Justice Breyer’s tenure on the U.S. Supreme Court, the Court formally recognized the major questions doctrine, which requires an agency to point to “clear congressional ...

abstract. Antibodies constitute a staggering $145 billion annual market—an amount projected to almost double by 2026. Consequently, patents covering antibodies are among the most valuable in the ...

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 ...

abstract. This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; ...

abstract. In the legal histories of Reconstruction, the Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ...

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 ...

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

abstract. The antitrust duty to deal is perhaps the most confounding and controversial form of antitrust intervention. It is sought in situations where a monopolist controls a critical input (or ...