The Yale Law Journal

Results for 'evidence'

Forum: The Trump Administration and the Breakdown of Intra-Executive Legal Process

which have viewed the procedural deficiencies as evidence of discriminatory purpose. The decisions serve as a warning to an unconventional

Jill Lepore

about whether scientific evidence is admissible in court to illustrate how the law renders historical evidence invisible. Frye v. United States established o…

Forum: Recycling Electrons, Undermining Justice

present evidence demonstrating clear patterns of behavior and showing who knew what and when. The recent revisions to the discovery rules missed the

Forum: Protecting National Security or Covering Up Malfeasance: The Modern State Secrets Privilege and Its Alternatives

evidence it deems “secret.” In the decades after Reynolds was decided, the government rarely invoked the privilege. The alarming frequency with which the

The Second Amendment on Board: Public and Private Historical Traditions of Firearm Regulation

government buildings. Many judges, scholars, and litigants appear to have assumed that only statutes can count as evidence of the nation’s historical

The Politics of Decarceration

that the criminal-justice system is deeply broken: the United States’s incarceration rate is the highest in the world, and there is little evidence

Rebecca Steele

access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the current statutory framework and argues that the statute is ...

Forum: Hall v. Florida and Ending the Death Penalty for Severely Mentally Ill Defendants

had an IQ of above 70 points, then his attorneys were prohibited from presenting any evidence of his intellectual disability. This created a system

The Uneasy Case for Favoring Long-Term Shareholders

evidence suggesting that firms engaging in share repurchases cut back on valuable activities inside the firm. Second, managers serving long-term shareholders

Systemic Triage: Implicit Racial Bias in the Criminal Courtroom

Part I summarizes and analyzes Van Cleve’s ethnographic evidence and conclusions. Importantly, because her account is primarily qualitative, I cannot