The Yale Law Journal

Results for 'evidence'

The High Stakes of Low-Level Criminal Justice

many foundational criminal justice values such as due process, evidence, and even individual guilt. These features are linked: the erosion of the

Forum: Lawrence and the Right to Metaprivacy

capital trial often rests on a judgment similar to the one condemned in Lawrence. Both mitigation and aggravation evidence often try to get at whether

Barrett J. Anderson

character in trials because of its potential to prejudice juries. In order to regulate this type of proof, courts must be able to recognize what is and is not character evidence, ...

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

Louis Kaplow

adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign

In Defense of “Free Houses”

securitization and its market failures To successfully bring a foreclosure suit a bank must produce very little evidence. Why has this proven so difficult

Forum: Liberated Slaves

and registration papers, would fill out the dossier. The court’s decisions were usually fairly brief, quickly summarizing the evidence, any relevant legal authorities, and giving ...

Agency Design and Political Control

Second, most policy outputs—where one would look to see evidence of political control—are not readily comparable across agencies. As a consequence

Forum: How Two Rights Made a Wrong: Sullivan, Anti-SLAPP, and the Underenforcement of Public-Figure Defamation Torts

evident cognitive decline, APS grew concerned that one of Mann’s adult daughters, Carol Kelly, was unduly influencing Mann. Indeed, APS “had evidence

Forum: Justice Thomas, Criminal Justice, and Originalism’s Legitimacy

historical evidence or the coherence of the textual analysis—Justice Thomas has advanced the methodology of originalism in two ways. First, by providing a