The Yale Law Journal

Results for 'evidence'

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: 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

A Reassessment of Common Law Protections for "Idiots"

proceeds to reassess common law insanity protections for idiots and finds strong evidence that these protections included people with a relatively wide

Forum: The American Rescue Plan and the Future of the Safety Net

offer powerful evidence about the most effective options. The Supreme Court’s decision in National Federation of Independent Businesses (NFIB) v

Prosecuting Corporate Crime when Firms Are Too Big to Jail: Investigation, Deterrence, and Judicial Review

necessary for corporate settlements but will not reliably produce evidence necessary to charge culpable individuals. In response, this Note proposes

Forum: Partisanship, Remedies, and the Rule of Law

two new sets of boundaries on postconviction habeas courts’ power to gather new evidence. These new boundaries constrained the availability of habeas

Forum: Complicated Process

requiring a preponderance of the evidence standard, with which Harvard now complied. The rationale was that the “preponderance” standard was all that

Forum: Apple and the American Revolution: Remembering Why We Have the fourth Amendment

plaintiff’s lawyer told the jury: Ransacking a man’s secret drawers and boxes to come at evidence against him is like racking his body to come at his secret

Forum: Was Sexual Harassment Law a Mistake? The Stories We Tell

organizational ones. Some of these larger frames are difficult to discern from the allegations, arguments, and evidence available in public documents, but in

Injured on the Job: Standing, Federalism, and State Wage-and-Hour Laws

that in a class action, every individual class member must furnish evidence that they specifically suffered a concrete injury. Combined, these