abstract. This Note aims to develop and describe a new type of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial ...
abstract. The rise of large firms in the digital economy, including Amazon, Apple, Facebook, and Google, has rekindled the debate about monopolization law. There are proposals to make finding ...
abstract. With the overturning of Roe v. Wade, the antiabortion movement has focused on a new strategy: transforming the Comstock Act, a postal obscenity statute enacted in 1873, into a categorical ...
abstract. When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a case (or declining to), federal courts ...
abstract. We live in perilous times, where acrimony and contempt poison our republic. But as others have long recognized—from Washington to Lincoln to current observers—there is an antidote: civic ...
119 Yale L.J. 1122 (2010). Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that ...
122 Yale L.J. 2176 (2013). A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American ...
111 Yale L.J. 1179 (2002) The book jacket promises drama. David Kessler, former Commissioner of the Food and Drug Administration (FDA), is said to tell "a ...
119 Yale L.J. 2040 (2010). This Note analyzes the Delaware Chancery Court’s recent decision in Mercier v. Inter-Tel (Delaware), Inc., in which the ...
abstract. In a letter dated February 22, 2022, Texas Governor Greg Abbott directed the commissioner of the Texas Department of Family and Protective Services “to conduct a prompt and thorough ...
120 Yale L.J. 514 (2010).Tribute to Judge Stephen Reinhardt23 December 2010 ...
This Note argues that particular elements of the litigation process offer social movement activists distinctive opportunities to draw extralegal benefits from legal action. These benefits, however, ...
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