The Yale Law Journal

Results for 'evidence'

Forum: On Estimating Disparity and Inferring Causation: Sur-Reply to the U.S. Sentencing Commission Staff

Using an econometric method for causal inference, a regression discontinuity-style design, we found no evidence that Booker or its progenyincreased

Forum: The Difference a Whole Woman Makes: Protection for the Abortion Right After Whole Woman’s Health

scientific evidence about the health benefits of regulating abortion, and it evaluated the burdens imposed by the Texas law, with close attention to

Prosecuting Gender-Based Persecution: The Islamic State at the ICC

Parts. Part I details what is known about Islamic State’s crimes against Yazidi women by drawing on evidence unearthed by journalists, advocacy

Forum: Inflation Indicators

Bell and Alappat are thus not evidence of the PTO’s intransigence, but of the inherent randomness of a process that spreads hundreds of thousands of

Forum: Losers’ Rules

among decisionmakers of different races or genders—federal discrimination law lurches in the opposite direction, often ignoring or trivializing evidence

Forum: Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber-Insurance Policies

issue has two important facets: who and why. An insurer ordinarily must show by a preponderance of the evidence that an exclusion applies. With respect to

Forum: Noticing Genocide

never be disputed in any ICTR proceeding, the notice will prevent all further testimony and evidence of the genocide—in effect truncating the judicial

Forum: Market Definition and Anticompetitive Effects in Ohio v. American Express

consumed simultaneously by merchants and cardholders—evidence of higher transaction fees paid by merchants was insufficient to carry the government’s

Forum: Looking Back Ten Years After Kelo

the evidence. As the Court explained in United States v. Carolene Products, rational basis review is supposed to apply only to unenumerated rights

Forum: Implementing Aggregation in Law: The Median Outcome Rule

preponderance-of-the-evidence standard, and distortion of litigants’ incentives. This Essay does not seek to contribute to the debate over whether, and