The Yale Law Journal

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The Moral Ambiguity of Public Prosecution

victims of wrongdoing enjoy moral standing of a caliber greater than that of most if not all third parties. By inverting these structures of

Forum: Off-Contract Harms: The Real Effect of Liberal Rescission Rights on Contract Price

of Liberal Rescission Rights on Contract Price This Essay also shows that, even if we assume that Brooks and Stremitzer are correct in arguing that

Forum: Cost-Benefit Analysis of Financial Regulation: A Reply

regulations required or authorized by post-crisis re-regulatory laws are still being finalized and put into practice. Even if legal requirements for

Administrative Severability Clauses

whether an agency intends for a rule to remain in effect if a court were to invalidate a portion of the rule. A recent example, to which we return at

Forum: The Constitution as a Source of Remedial Law

federal law. As applied to equitable remedies, Gallogly’s constitutional default rule is largely consistent with the status quo. If extended to legal

Forum: The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty

one would have hoped. Claiming they are doing it for their clients—a misstatement if there ever was one—these General Counsels provide a curious

Forum: Police Pretext as a Democracy Problem

from inquiry. We cannot with confidence grant limited powers to the police, or trust that they will not use their powers for totalitarian ends, if a

Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker

treats offenders? If it is the latter, can the process be improved by reforms, such as changes to sentencing law? These questions are not new. For

Class Ascertainability

“adequately” to represent the absent class members. If these conditions are satisfied, the proposed class must also fit into one of three functional

Forum: Critiquing (and Repairing) the New International Tax Regime

below, include moving to a per-country minimum tax, eliminating the patent box, and strengthening the new inbound regime. Even if Congress were to