116 Yale L.J. 768 (2007)American historic preservationists are increasingly emphasizing the need to preserve not only prominent landmarks, but also the vernacular architectural culture of "ordinary ...
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 ...
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112 Yale L.J. 961 (2003)In 1971, Congress repealed the Emergency Detention Act, part of the Internal Security Act of 1950, by writing into 18 U.S.C. § 4001(a) the provision that ...
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 ...
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 ...
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 ...
122 Yale L.J. 2394 (2013).In evaluating the legacy of Gideon v. Wainwright, it is critical to remember that the Supreme Court’s decision rested on the Sixth Amendment right to counsel for the accused ...
120 Yale L.J. 2183 (2011).
This Comment will explore the developing body of case law pertaining to cost-shifting in electronic discovery and its relationship to the guidelines accompanying the 2006 amendments. Due to the close ...
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 ...
117 Yale L.J. 1694 (2008). This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in ...
The criminal justice system is broken. Its policies and policing practices flood courtrooms in urban environments with too many cases to handle given available resources. Many are cases involving ...
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