Results for 'legal doctrine'
The New Standing Doctrine, Judicial Federalism, and the Problem of Forumless Claims
Yale Law Journal - The New Standing Doctrine, Judicial Federalism, and the Problem of Forumless Claims The New Standing Doctrine, Judicial Federalism
Forum: The Private Search Doctrine After Jones
claims. The question of whether to extend doctrines developed under Katz (such as Jacobsen’s private search doctrine) to the Jones test is a question that
Legal Philosophy
The Yale Law Journal - Legal Philosophy Legal Philosophy Essay Had the critical legal studies movement never existed, it would have to be invented
Legal History
The Yale Law Journal - Legal History Legal History Article This Article introduces a new, historically grounded “externalist” perspective for
Legal Scholarship for Judges
citations to legal scholarship on the Seventh Circuit and concludes that most citations were on points of legal doctrine rather than broad legal theory
The Eyes-On Doctrine
Yale Law Journal - The Eyes-On Doctrine The Eyes-On Doctrine abstract. For decades, American courts have taken for granted that the separation of
Reactionary Rhetoric and Liberal Legal Academia
Yale Law Journal - Reactionary Rhetoric and Liberal Legal Academia Reactionary Rhetoric and Liberal Legal Academia abstract. As celebrations mark the
Forum: The Future of Legal Scholarship
We see great value in professors’ online work. Blogs insightfully critique scholarship, comment usefully on problems of legal doctrine, and speak to
Forum: Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine
the major questions doctrine to establish that it was the only reasonable interpretation. Finally, does the doctrine’s presumption reflect the way
Why Motives Matter: Reframing the Crowding Out Effect of Legal Incentives
examples proceeds from the observation that existing legal doctrines evince a reluctance on the part of lawmakers to implement legal incentives in certain