The Yale Law Journal

Results for 'evidence'

Forum: Snyder v. Phelps, the Supreme Court’s Speech-Tort Jurisprudence, and Normative Considerations

evidence of extreme and severe emotional distress leading to physical illness, worsening of his diabetes, severe depression, and an inability to have

Aziz Z. Huq

The Yale Law Journal - Aziz Z. Huq Aziz Z. Huq Review This Book Review asks what comprises a well-functioning legal system in light of new evidence

The Unbundled Union: Politics Without Collective Bargaining

Essay will show, there is some preliminary evidence that organizing for politics but not collective bargaining is feasible. There are, to be sure, no

Stop Ignoring Pork and Potholes: Election Law and Constituent Service

uphold a challenged map if a defendant jurisdiction could provide sufficient evidence to demonstrate that the mapmakers’ primary motivation for

Jagged Edges

and statutes, finding no evidence that courts currently take these concerns about boundary irregularity into account but identifying potential

Kory A. Langhofer

Founding-era evidence on juror accountability. It concludes that the Public Trial Clause does not require juror identification. Part I describes the Public Trial Clause ...

Price’s Progress: Sex Stereotyping and Its Potential for Antidiscrimination Law

come to view comparative evidence, or evidence showing a difference in treatment between a plaintiff and another employee who is similarly situated

Originalism-by-Analogy and Second Amendment Adjudication

of institutional competence. First, courts should be careful about basing broad decisions on a supposed lack of historical evidence, given that they

Forum: History and Tradition’s Equality Problem

were involved. In light of this evidence, it is not surprising that courts uniformly upheld § 922(g)(8) pre-Bruen, when Second Amendment doctrine took

Leviathan and Interpretive Revolution: The Administrative State, the Judiciary, and the Rise of Legislative History, 1890-1950

the year 1940 almost exactly. I then assemble qualitative evidence confirming a transformative shift toward legislative history as a matter of