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: 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

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: 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: 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

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

Forum: Freedom for Religion

does.” There remains an outlier pre-Hosanna-Tabor decision of the Court that is at odds with the principles of Hosanna-Tabor and Our Lady of Guadalupe

Forum: Establishment as Tradition

outlier practices, which are excluded from the relevant tradition by failing one or more traditionalist elements. It has given traditions of practice at