The Yale Law Journal

Results for 'IF'

Forum: Sentencing Review: Judgment, Justice, and the Judiciary

Guideline sentences is not really that important, and does not merit all the attention that a blustering sentencing academy has heaped upon it. If a

Forum: Why the IRS Has Not Taxed Income from Virtual World Transactions . . . Yet

of VWT on a broader scale if and when one of three events occur: (1) courts grant property rights to virtual world participants in the virtual items

Forum: Mistakes, Misunderstandings, and Misalignments

property—for example, their exam scores. They are misaligned only if the aim of lining them up is to do so in a way that reflects their relative height

The Weaponization of Attorney’s Fees in an Age of Constitutional Warfare

Constitutional Warfare abstract. If you want to win battles in the culture war, you enact legislation that regulates firearms, prohibits abortions, restricts

Forum: When Do Irreparable Benefits Matter? A Response to Douglas Lichtman on Irreparable Benefits

cases, the decision to grant preliminary relief is conditioned on the posting of a bond or other security. If, after a full hearing, the recipient of the

Forum: Making the Advice of Counsel Defense Available for Corporate Directors

to defraud. If the hospital refuses to waive its attorney-client privilege, as it has the absolute right to do, then the government cannot know whether

Forum: Rape-by-Deception—A Response

consent just as force does. In The Riddle of Rape-by-Deception, I try to bring this problem to the foreground. If we want to reject rape-by-deception

Forum: The New Electronic Discovery Rules: A Place for Employee Privacy?

if its employees delete relevant e-mails despite corporate counsel’s attempt to enforce a litigation-hold. Multiply these costs by the number of

Forum: Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform

commerce power is somehow limited, it would be “difficult to perceive any limitation on federal power.” If Congress can regulate inactivity, Vinson declared

Forum: Corruption: Greed, Culture, and the State

is mainly a problem of law enforcement. Bribes and other types of corrupt dealings are hard to observe and to prosecute if both sides gain from the