The Yale Law Journal

Results for 'evidence'

Forum: Bargaining Around the Hearth

bargaining power. Empirical evidence suggests that midgame bargaining power—more specifically, control over resources within marriage—affects allocation. A

Campus Sexual Assault Adjudication and Resistance to Reform

credible testimony be corroborated by other evidence, that the victim resist her attacker to the utmost of her physical capacity, that the victim

News: Recent Media Coverage of YLJO Essay, The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct

that prosecutors who withhold evidence are almost never disciplined. Andrew Rosenthal also referenced the YLJO essay in his New York Times editorial

Forum: The Meta-Nonsense of Lawrence

call into question the line of Supreme Court capital-sentencing cases requiring admission of whatever mitigating evidence the defense wishes to use to

Forum: Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court

provision unless there is strong evidence that Congress intended otherwise. To use an analogy employed most recently by both Chief Justice Roberts and

Forum: Preemption as a Judicial End-Run Around the Administrative Process?

for the Medicaid providers agreed. He elaborated: “ltimately, you have to demonstrate . . . by clear and convincing evidence, a conflict between

News: Northern District of Ohio Thoroughly Reviews Volume 127 Essay

wrongly convicted of a 1995 murder because defendants failed to disclose exculpatory evidence, and that defendants violated plaintiffs’ Fourteenth

Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice

asserted may supply objective evidence of a purpose to impose a substantial obstacle to women seeking an abortion. Examining the factual basis of a health

Forum: In Search of Good Corporate Governance

recommendations that would facilitate this development. However, in this Forum Response, I marshal evidence in favor of two competing views. The first

Rationalizing the Administrative Record for Equitable Constitutional Claims

what evidence a reviewing court should consider, despite being fundamental to the effective vindication of the rights of plaintiffs harmed by the