The Yale Law Journal

Results for 'AW'

Forum: The Law of the Territories: Should It Exist?

communities for whom they prescribe change. Moreover, they have turned away from important antecedent questions of sovereignty and political membership

Forum: Predicting Utah v. Streiff’s Civil Rights Impact

plaintiffs’ ability to recover meaningful damage awards for the events caused by unconstitutional stops. Second, it explains that in a civil rights case

Saving 60(b)(5): The Future of Institutional Reform Litigation

disadvantages is its principal weapon against them. As Edward Rubin and Malcolm Feeley note, courts’ awareness of their own limits gave rise to

Beating Blackwater: Using Domestic Legislation to Enforce the International Code of Conduct for Private Military Companies

Code’s provisions. Because the United States, United Kingdom, and United Nations have all made government contract awards contingent on company membership

Forum: The Implicit Racial Bias in Sentencing: The Next Frontier

“New Frontier.” I am optimistic that once sentencing judges become aware of how these subconscious implicit biases work, awareness will help them

COVID-19’s New Cosmopolitanism? Structural Considerations for the Proposed Pandemic Treaty

to shift away from a global health law system based in norms of security and charity, and move instead toward a new, more cosmopolitan view of

Pretrial Detention and the Right to Be Monitored

are in jail awaiting the resolution of the charges against them at any given time. Some of these defendants are dangerous, but a significant number

Forum: Beyond the Privacy Torts: Reinvigorating a Common Law Approach for Data Breaches

breaches, in short, cause myriad, lasting harms that begin the moment a company fails to maintain data securely. II. away from privacy, toward

Forum: Hedge Fund Activism, Short-Termism, and a New Paradigm of Corporate Governance

distort corporate decision-making. The de facto control of our public companies by institutional investors is not likely to go away anytime soon. Thus

Forum: When Do Irreparable Benefits Matter? A Response to Douglas Lichtman on Irreparable Benefits

when it rules to award damages. Should the homeowner be required to disgorge the benefits she gained in the interim period based on the theory that the