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terms purporting to limit the parties’ liability for fraud. It is less-often noticed that many contracts are designed to incorporate fraud liability by
appropriate when democratic politics has broken down. Professor Eskridge argues that judicial review is also appropriate to lower the stakes of pluralist
Steven Shavell | Yale Law Journal Steven Shavell 110 Yale L.J. 237 (2000) In other writing, we advance the thesis that legal policies should be
copying data amount to a seizure, and if so, when? This Article argues that copying data “seizes” it under the Fourth Amendment when copying occurs
Barrett J. Anderson | Yale Law Journal Barrett J. Anderson 121 Yale L.J. 1912 (2012). Courts have historically regulated the use of character in
can the disease be cured? Can its symptoms be alleviated by imaginative and well-crafted laws? Or is it a genetic disorder embedded in the DNA of
adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process”...
Mary D. Fan | Yale Law Journal Mary D. Fan 112 Yale L.J. 1633 (2003) Why some harms count before the courts and others do not is a matter of acute
constrained the liberty of thousands of American travelers and transportation workers. While watchlists make sense for security purposes, they have a pair
Andrew D. Goldstein | Yale Law Journal Andrew D. Goldstein 113 Yale L.J. 1955 (2004) Last summer, when a panel of the U.S. Court of Appeals for the