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. 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 ...

abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...

abstract. The Supreme Court has chosen education as a primary stomping ground for rewriting Free Exercise Clause doctrine. Two decades ago, a divided Court gave states the option to fund religious ...

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. 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. For most of American history, the jury was considered an elite institution, composed of “honest and intelligent men,” esteemed in their communities for their “integrity,” “reputation,” or ...

abstract. The suffrage movement in Iran achieved its goal of formally enfranchising women in 1963, through a referendum in which women voted. This Essay explores the movement for Iranian women’s ...

Recently, the administrative state has been lambasted as undemocratic and even unconstitutional by a number of politicians, jurists, and scholars, particularly those who identify as originalists. 1 ...

abstract. We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought.

abstract. Today, artificial intelligence (AI) enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress ...

abstract. The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech.