The Yale Law Journal

Results for 'evidence'

Ariel N. Lavinbuk

radically different histories of early judicial involvement in foreign affairs. By reconstructing the foreign affairs docket of the Jay and Marshall Courts, this Note presents ...

Forum: Masquerading Behind a Facade of National Security

imprisonment of mostly American citizens—without charges, trials, or evidence of individual disloyalty—despite the Constitution’s commands of due process and

Forum: Executives Do Not Need Waivers and Companies Should Not Offer Them: A Response to Mark Kressel

fundamental principles that undergird them. The court can balance those competing interests based on evidence presented at a hearing in limine. If the defense

Forum: Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment

objective evidence shows that they do not. When lawmakers attending to a problem ask themselves “how should we do it?”, statutory models that are at least

The Origins of Judicial Deference to Executive Interpretation

of these debates shared the assumption that “contemporary and concurrent expositions” of the Constitution were “reasonable evidence of the meaning of

Dale E. Ho

liability test. It also describes the tension as to the necessity of evidence (1) regarding the effect of voting practices on voter turnout and (2) concerning discriminatory ...

Legal History

well-functioning legal system in light of new evidence of how law operated across a wide historical panorama. Such contextualization has implications

News: Yale Law Journal Announces Winners of the Law and Technology Essay Competition

School of Law’s Program on Understanding Law, Science, and Evidence (PULSE). Solow-Niederman earned her J.D. cum laude from Harvard Law School, where

Beyond Diversification: The Pervasive Problem of Excessive Fees and "Dominated Funds" in 401(k) Plans

with more than $120 billion in assets, we provide evidence that fees and menu restrictions in an average plan lead to a cost of seventy-eight basis

Forum: Unemployment Insurance for the Gig Economy

contexts. Empirical evidence indicates, for instance, that enrolling people automatically in retirement plans increases retirement savings. Assuming