The Yale Law Journal

Results for 'evidence'

Forum: Political Checks on a Politicized Presidency: A Response to Neal Katyals Internal Separation of Powers

been “decimated” and that “legislative abdication is the reigning modus operandi”? As evidence, Katyal points to the dearth of legislative enactments

Forum: The Present Crisis in American Bail

centuries of struggle, would lose its meaning.” As the Court has elsewhere recognized, a detainee “is hindered in his ability to gather evidence, contact

Forum: Living with History: Will the Alien Tort Statute Become a Badge of Shame or Badge of Honor?

Washington’s presidency. Those materials provide uncontroverted contemporaneous evidence that the Founding generation was concerned with providing remedies for

Elizabeth Napier Dewar

remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should

Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse

allows plaintiffs to use any and all evidence, including indirect or circumstantial evidence, to show that gender stereotypes were in play in an

Dangerous Defendants

; see also id. at 2485-88 (analyzing officer-safety and loss-of-evidence concerns). King, 133 S. Ct. at 1978 (internal alterations, citation, and

Early Release in International Criminal Law

“substantial evidence of rehabilitation” based in part on her “good behavior during the course of her incarceration.” He also noted her cooperation

Regulating Sexual Orientation Change Efforts: The California Approach, Its Limitations, and Potential Alternatives

about same-sex attraction, rather than clinically demonstrable scientific evidence. These two types of harm are not explicitly identified as separate

Uncovering the Codifier’s Canon: How Codification Informs Interpretation

arguments. The ordinary meaning of a textual phrase in a statute is often the most persuasive evidence in favor of a particular interpretation. An

Forum: Chevron Should Not Be Converted into a Voting Rule: A Response to Gersen and Vermeules Proposal

reducing bias in judicial review of agency decisions, all of the available evidence supports my belief. A few years after the Court decided Chevron