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

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 ...

One Size Fits None: An Overdue Reform for Chapter 7 Trustees

indebted consumers’ deferred payments become due. If and when those consumers do file, our novel empirical evidence from the analogous post-2008

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

Forum: Our Darwinian Law of War

historical evidence when they debate the legitimacy of conflict, as they did when British and American soldiers clashed on The Caroline. Instead, they look

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

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