Antitrust theory portrays data privacy as a factor, like quality, that improves with competition. This Essay argues that view, though not inaccurate, is incomplete. It offers a new account of how data ...
The Stored Communications Act poses an increasing threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the ...
Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court ...
In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...
abstract. A tide of skepticism of the administrative state has been rising among members of the judiciary and the academy. Uncomfortable with the ways doctrines like Chevron and Auer seem to leave ...
122 Yale L.J. 1484 (2013).This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and ...
122 Yale L.J. 1024 (2013).This Note is about the practice of conditioning recovery for violations of prisoners’ intangible constitutional rights, like First Amendment petition rights, upon a showing ...
Transplantation Committee estimates that this new system of “longevity matching” will wring an extra 8,380 years of life out of the nation’s supply of Critics have charged the plan with age ...
122 Yale L.J. 1280 (2013).This Note examines whether state or federal principles of administrative law should govern suits challenging state agency action pursuant to cooperative federalism statutes.
engines gather vast troves of information about their users—users who do not pay for, and often do not subscribe to, their services.4 This Comment briefly summarizes the history and structure of the ...
111 Yale L.J. 1665 (2002)There is a principle of constitutional law holding that "one legislature may not bind the legislative authority of its successors." The Supreme Court recently discussed that ...
an empirical look at churches in the zoning process Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000,8 federal law that profoundly reshapes the rights of churches in land use ...
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