The Yale Law Journal

Results for 'evidence'

Dangerous Defendants

; see also id. at 2485-88 (analyzing officer-safety and loss-of-evidence concerns). King, 133 S. Ct. at 1978 (internal alterations, citation, and

Forum: Deinstitutionalizing Family Separation in Cases of Parental Drug Use

evidence of parental “drug abuse” alone could be used to initiate child removal proceedings. Some state actors, like “child protective” agents, interpret

Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice

asserted may supply objective evidence of a purpose to impose a substantial obstacle to women seeking an abortion. Examining the factual basis of a health

Forum: Innocence and Override

—in which a jury voted for life before a judge imposed a death sentence—are more likely to involve weaker evidence and wrongful convictions when

Forum: What Are Federal Corruption Prosecutions for?

defendant guilty of the charged crime. The prosecution’s theory of liability guides the selection and presentation of evidence; argument to the jury

Stop Ignoring Pork and Potholes: Election Law and Constituent Service

uphold a challenged map if a defendant jurisdiction could provide sufficient evidence to demonstrate that the mapmakers’ primary motivation for

The Interpretation-Construction Distinction in Patent Law

found in better evidence about linguistic practices in the late eighteenth century. The linguistic meaning of the First Amendment’s state action

Forum: Trump v. Hawaii: How the Supreme Court Simultaneously Overturned and Revived Korematsu

Justice Roberts laid out a more complete picture of the facts in Korematsu, Justice Breyer’s survey of the evidence available in Hawaii shattered the

Forum: Replacing Smith

all of the following conditions are present: (1) the religious interest is limited and carefully defined, (2) clear Founding Era evidence supports

Forum: For the Title IX Civil Rights Movement: Congratulations and Cautions

attorney, advisor, or advocate; what kind of access to evidence (including exculpatory evidence) they have; what privacy protections they are given