The Yale Law Journal

Results for 'evidence'

Herbert Hovenkamp

that the longstanding structural presumption is strongly supported by economic theory and evidence and suggest ways to further strengthen it. The

Nick Levin

recent foray into electoral matters, Bush v. Gore, as resounding evidence that it is, with concerns for equality and electoral deadlines constituting the conservative Justices ...

Forum: Small Business Disaster Relief and Restructuring

for bankruptcy in record numbers in 2020, and evidence suggests that liquidity was unusually high during the early days of the pandemic in particular

Rethinking Rights After the Second Reconstruction

simply evidence of objective disparate treatment. Likewise, it is uncertain whether evidence of an unjustified adverse decision affecting a female employee

Criminal Procedure

threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the current

Forum: Storage Wars: Greater Protection for Messages in Memory

Email Privacy Act, while limited in scope, represents a step in the right direction—and evidence of the growing need for stronger privacy protections

Forum: Radical Early Defense Against Family Policing

practice. We worked closely with clients whom we met at arraignments. We cobbled together the evidence at our disposal to craft compelling legal

Forum: What Are Federal Corruption Prosecutions for?

defendant guilty of the charged crime. The prosecution’s theory of liability guides the selection and presentation of evidence; argument to the jury

Forum: Backdoor Municipal Immunity

evidence of nearly identical past misconduct to prove policymakers’ deliberate indifference. The Supreme Court’s qualified immunity and Monell doctrines

Forum: Minorities, Immigrant and Otherwise

government relied on secret evidence to deny admission into the United States to the noncitizen spouse of a U.S. citizen: “Whatever the procedure