The Yale Law Journal

Results for 'evidence'

Forum: Justice Sotomayor and Criminal Justice in the Real World

to leave a situation. Justice Sotomayor’s opinion for the majority stated this as common knowledge, but also relies on empirical evidence—in this case

Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications

be discounted to present value. Completing a full, quantified CBA of CBA would require evidence and new research methods: studies of the degree to

Forum: Is Korematsu Good Law?

incriminating evidence in their cars is engaged in bad policing because he is ignoring or sidelining more reliable indicators of criminality than race

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 ...

James Stone

wrongdoing in prison. Yet prison discovery is broken. This Article explores the extensive written and unwritten barriers to evidence gathering in prison, and

Forum: A Counter-History of First Amendment Neutrality

historical evidence instead reveals is a shift from a majoritarian to a functionalist and, later, a highly formalist conception of the government’s

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

Forum: Equal Standards for Equal Protection: Revisiting Race Discrimination in Jury Selection After SFFA

district attorney in California to review thirty-five death-penalty sentences after evidence emerged that the office had intentionally excluded Black and

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

Williams-Yulee and the Anomaly of Campaign Finance Law

unduly dilute what should be the most protective level of judicial scrutiny. There is already some evidence, albeit limited, of such dilution. Taken at