The Yale Law Journal

Results for 'evidence'

Forum: Market Definition and Anticompetitive Effects in Ohio v. American Express

consumed simultaneously by merchants and cardholders—evidence of higher transaction fees paid by merchants was insufficient to carry the government’s

Forum: Mission Accomplished?

and measured defense of the renewed statute posits that The evidence matters because if, as critics charge, the regional provisions of the Voting

Forum: Looking Back Ten Years After Kelo

the evidence. As the Court explained in United States v. Carolene Products, rational basis review is supposed to apply only to unenumerated rights

The Second Amendment on Board: Public and Private Historical Traditions of Firearm Regulation

government buildings. Many judges, scholars, and litigants appear to have assumed that only statutes can count as evidence of the nation’s historical

Forum: Inflation Indicators

Bell and Alappat are thus not evidence of the PTO’s intransigence, but of the inherent randomness of a process that spreads hundreds of thousands of

Forum: Good and Bad Patient Involvement: Implementing the Patient-Involvement Provisions of the 21st Century Cures Act at the FDA

concept of “patient-experience data” that support the objective of good patient involvement: (1) fostering an evidence-based approach to collecting

Forum: How Justice Thomas Determines the Original Meaning of Article II of the Constitution

adopted.” Justice Thomas, however, does not limit his inquiry solely to evidence most demonstrative of the original objective meaning. On the contrary

Forum: The Trump Administration and the Breakdown of Intra-Executive Legal Process

which have viewed the procedural deficiencies as evidence of discriminatory purpose. The decisions serve as a warning to an unconventional

Forum: Our Darwinian Law of War

historical evidence when they debate the legitimacy of conflict, as they did when British and American soldiers clashed on The Caroline. Instead, they look

Forum: The Difference a Whole Woman Makes: Protection for the Abortion Right After Whole Woman’s Health

scientific evidence about the health benefits of regulating abortion, and it evaluated the burdens imposed by the Texas law, with close attention to