The Yale Law Journal

Results for 'IF'

Forum: How (Not) To Bring an Affirmative-Action Challenge

defects in Fisher’s standing to claim the fees (Part IV). The potential recourses for resuscitating the case are fraught and unconvincing (Part V). And if

Forum: Who Gets the Ventilator? Disability Discrimination in COVID-19 Medical-Rationing Protocols

apply a similar rule: an individual is “otherwise qualified” if that individual is able, with “reasonable accommodation” if necessary, to perform the

The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations

evidence to the government, which then has sixty days to intervene in the action. If the government intervenes, it assumes primary responsibility for

Forum: Outcasting, Globalization, and the Emergence of International Law

Conception” of law, which maintains that “a regime counts as a legal one only if it seeks to affect behavior in the manner that modern states do: it must

Forum: Don’t Censor Search

variations of this idea mooted. First, and least intrusively, If a high-ranking result in a search on Bob’s name is the regicide calumny, Pasquale would

Forum: We The People's Executive

decision by this Court can keep power in the hands of Congress if it is not wise and timely in meeting its problems . . . . If not good law, there was

Fiduciary Political Theory: A Critique

example, according to the “shaping account” of fiduciary loyalty that we have articulated in previous work, a fiduciary acts loyally only if she attributes

Forum: In Defense of Guantanamo Bay

of enemy combatants alleged to have committed punishable offenses in the past. If truth be told, and often it is not, there is no compelling reason

Forum: Treaty Denunciation and "Withdrawal" from Customary International Law: An Erroneous Analogy with Dangerous Consequences

if they had approved of the norm originally. Among the grounds that they provide for this result are an analogy between customary and treaty law and

Forum: Bargaining Around the Hearth

in “midgame” household members either ignore the “endgame” completely or, if they do take endgame considerations into account, the relevant endgame