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 ...
118 Yale L.J. 320 (2008). This Note considers the rising trend of anonymous online harassment and the use of John Doe subpoenas to unmask anonymous speakers. Although anonymity often serves as an ...
A Small Problem of Precedent: 18 U.S.C. 4001(a) and the Detention of U.S. Citizen "Enemy Combatants"
112 Yale L.J. 961 (2003)In 1971, Congress repealed the Emergency Detention Act, part of the Internal Security Act of 1950, by writing into 18 U.S.C. § 4001(a) the provision that ...
119 Yale L.J. 1703 (2010).Peace Through Complementarity: Solving the Ex Post Problem in International Criminal Court Prosecutions ...
116 Yale L.J. 1625 (2007)Many judges and commentators have advocated for an Intercircuit Court of Appeals to resolve circuit splits. In recent years, the Judicial Conference of the United States has ...
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 ...
119 Yale L.J. 1715 (2010).Discoverability of Litigation Risk Assessments After First Circuit, in a rehearing en banc, held that tax accrual work papers prepared by a corporation’s lawyers in order to ...
Drawing on the authors’ clinical experience, this Comment describes an asymmetry in how courts award attorney’s fees that makes it more difficult for consumer-defendants to recover the costs of ...
abstract. Two doctrines—the religious-question doctrine and the sincerity doctrine—control the evaluation of religious-accommodation claims. According to these doctrines, courts evaluating ...
120 Yale L.J. 910 (2011). This Note provides a defense of the Supreme Court’s decision in Credit Suisse Securities (USA) LLC v. Billing, in which the Court reaffirmed a broad standard for determining ...
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