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 ...
119 Yale L.J. 1703 (2010).Peace Through Complementarity: Solving the Ex Post Problem in International Criminal Court Prosecutions ...
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.
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 ...
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 ...
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 ...
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 ...
In civil litigation, police most commonly appear as defendants. But police also act as plaintiffs, suing the individuals they police. This Article argues that these plaintiff police claims cause ...
This Article offers the first legal history of the Comstock Act from its enactment to its post-Dobbs reinvention. From conflicts over Comstock’s enforcement emerged popular claims on democracy, ...
Current First Amendment doctrine permits courts to judge a claimant’s religious sincerity in a free-exercise suit but prohibits them from adjudicating religious questions. This Note challenges that ...
Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...
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 ...
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