The Yale Law Journal

Results for 'IF'

Forum: The Abortion Interoperability Trap

travels to a Connecticut medical practice for abortion services. Under current state law, if the Connecticut practice shares records of the patient’s

Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency

tax on capital discourages investment. I will call this empirical result the “one-third rule.” If the distortion from departing from the “efficient

Equal Protection in the Key of Respect

Journal, especially Ben Eidelson, Adam Adler, and Miriam Hinman, as well as Professor Bruce Ackerman for thoughtful comments on this piece. Introduction If

Forum: Supreme Court as Superweapon: A Response to Epps & Sitaraman

legitimacy in order to save it. And their case that there is any crisis may fail to persuade a reader with different legal or political priors. If the

How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes

if the remainder is not “fully operative as a law”; and the hypothetical-passage principle, that courts should strike the remainder down unless

Forum: Courts in the Age of Dysfunction

said that there is a “special providence for drunkards, fools, and the United States of America.” If so, the Holy One has fallen down on the job lately

Forum: Climate Justice and the Elusive Climate Tort

injunction. Even if a regulatory regime could achieve emissions reductions objectives more effectively than tort law, however, CJ claimants have lost the

Forum: Group Harms in Antiterrorism Efforts: A Pervasive Problem with No Simple Solution

The fact that nearly all of the Muslims investigated are innocent would not reduce the stigma if their having been investigated remains more salient

Fitting the MPC into a Reasons-Responsiveness Conception of Subjective Culpability

one another. If the reasons-responsiveness picture of culpability is correct, we should expect frequent cases of interhierarchical disagreement between

Forum: Religious Liberty for Politically Active Minority Groups: A Response to NeJaime and Siegel

They say that defenders of traditional sexual morality, who used to be a political majority, now argue for their individual rights as if they were a