The Yale Law Journal

Results for 'IF'

Forum: Withdrawing from International Custom: Terrible Food, Small Portions

food). If the goal is, as the authors say, to strengthen rather than bury customary international law, the authors have come up with the wrong recipe

Forum: What the Efficient Performance Hypothesis Means for Contracts Scholarship

option to the promisee rather than the promisor? If the promisee is given the option to force the promisor to perform or pay damages equal to the

The End of Jurisprudence

but in a different way: Does the sign affect how people ought to behave? If it does, how and why? What are the normative upshots of the fact that the

Forum: An Overview of the E-Discovery Rules Amendments

paper but may contain privileged or protected information that escapes detection, even if the producing party reasonably believes that it has a robust

Distorted Choice in Corporate Bankruptcy

the company into different classes, and the creditors or shareholders in each class vote to approve or reject the proposed plan. If every class of

Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem

offense.” This is true even if the offenses contain identical elements and even if the underlying statutes contain identical language. The result is that

The Mens Rea of Accomplice Liability: Supporting Intentions

commission of an offense. I suggest considering instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if

Forum: Law Reviews, the Internet, and Preventing and Correcting Errors

Such a policy would save other scholars effort. If a source was useful for one article, it might be useful again. Why put others to the trouble, time

Bounded Institutions

other rules to guide the agent’s decision. If agents are biased but otherwise share preferences with the principal—and the principal knows the

The Weaponization of Attorney’s Fees in an Age of Constitutional Warfare

Constitutional Warfare abstract. If you want to win battles in the culture war, you enact legislation that regulates firearms, prohibits abortions, restricts