The Yale Law Journal

Results for 'evidence'

Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders

a trial’s focus, the jury may not receive evidence about the amount of punitive damages needed to meet these policy objectives. Often the only

Forum: Fourth Amendment Reasonableness After Carpenter

evidence of criminal wrongdoing.” Because the SCA allows for D orders on a showing of less than probable cause, D orders cannot qualify as warrants

Forum: Original Understanding and the Whether, Why, and How of Judicial Review

Supremacy Clause assumes that the federal judiciary has the power to review state legislation—the critical evidence concerning the acceptance of judicial

Tailoring Regimes for a Designer Drug: Developing Civil Liability for Retailers of Synthetic Marijuana

through criminal regimes, municipal code enforcement… See Eric Helland & Jonathan Klick, The Tradeoffs Between Regulation and Litigation: Evidence

Auto Clubs and the Lost Origins of the Access-to-Justice Crisis

find new, untapped evidence that contributes to a range of critical contemporary debates. In particular, our story uncovers fresh evidence to support

Forum: Backdoor Municipal Immunity

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

Transformation Requires Transparency: Critical Policy Reforms To Advance Campus Sexual Violence Response

similar to those raised by survivors. Both groups have complained about the length of investigations, the protocol for submitting evidence or calling

Forum: Who Gets the Ventilator? Disability Discrimination in COVID-19 Medical-Rationing Protocols

narrow. Further, the law requires that such imminent-death determinations will be made based on the best available objective evidence, free from both bias

Forum: Is Open Data the Death of FOIA?

spending data as open data in standardized formats.Legistation passed by Congress foran evidence-based policy commission in 2016 shows a growing

Forum: Judging Debt: How Judges’ Practices in Consumer-Credit Court Undermine Procedural Justice

” Individuals perceive decision-making to be neutral when it is based on objective information, and when they get a chance to “present evidence and explain