The Yale Law Journal

Results for 'outlier'

The Race-Blind Future of Voting Rights

jurisdiction… For a recent literature review, see Gowri Ramachandran & Dara Gold, Using Outlier Analysis to Dete… See, e.g., Adam B. Cox & Richard T. Holden

Forum: Wayfair Undermines Nicastro: The Constitutional Connection Between State Tax Authority and Personal Jurisdiction

outlier fact patterns. This Essay explores connections between Wayfair and Nicastro and makes two contributions. Part I illuminates overlooked parallels

Forum: What the Court Said in Lawrence

constitutional law. To the contrary, the outlier in the Court’s substantive due process jurisprudence was Bowers, where the Court backed away from the

Forum: Models, Race, and the Law

Rev. 1663, 1723 … This “outlier analysis” has been the focus of recent litigation about partisan gerrymandering … Rucho v. Common Cause, 139 S. Ct. 2484

Forum: There Is No Affirmative Action for Minorities, Shareholder and Otherwise, in Corporate Law

is an outlier. The overwhelming weight of authority confirms that a controlling shareholder is free to sell at any price he or she can get, without

The Prison Discovery Crisis

district whose approach and outcomes constitute a profound—and surprisingly positive—outlier in prison litigation. They imply that, even considering the

Forum: The Easterbrook Theorem: An Application to Digital Markets

findings are counterintuitive and certainly an outlier among the dozens of proposals to lower liability standards and reduce the evidentiary burdens

Forum: I Say Dissental, You Say Concurral

usually kept circuit law in line with the views of a majority of the court’s active judges. But as courts have grown, outlier panels happen more

Piety Police

At first glance, BYU may seem like an outlier case due to its connection to the LDS Church. However, the history of the BYUPD serves as a cautionary

Forum: Building an Umbrella in a Rainstorm: The New Vote Denial Litigation Since Shelby County

the Seventh Circuit has suggested that evidence of both factors is required to establish a Section 2 violation for vote denial, making it an outlier