The Yale Law Journal

Results for 'IF'

Forum: Some Reflections on Richard Brooks’s “Efficient Performance Hypothesis”

of instrumental value. The economist’s view is that if taken too seriously the law’s normative categories will prove to be obstructions rather than

The Bostic Question

must ask the parties whether they have any objections to the sentence just pronounced that have not previously been raised. If the district court

Forum: A Response to Goodwin Liu

the grant of power of the Fourteenth Amendment, address educational inequality, if it sees fit to do so (thus withstanding federalism challenges

Forum: The Separation of National Security Powers: Lessons from the Second Congress

the Trump Administration, which has been willing to push those authorizing statutes to, if not beyond, their limits. All of this should provoke—and

Forum: Warrant Canaries and Disclosure by Design: The Real Threat to National Security Letter Gag Orders

surveillance order. Warrant canaries are regularly published statements that document the absence of an NSL (or other secret surveillance order). If

Cops and Pleas: Police Officers’ Influence on Plea Bargaining

plea negotiations. There are numerous implications for the plea-bargaining process. For example, if officers have more influence on pleas, bad arrests

Forum: Reversed on Appeal: The Uncertain Future of President Obama’s “Empathy Standard”

merits of empathy was not very inviting, particularly if winning minor points might come at the expense of the President’s first nominee. Seeing Sonia

Forum: The Legal Profession, Personal Responsibility, and the Internet

charges and the administration recommended that he be expelled. If he is not expelled, he may well fail character and fitness requirements for

Forum: Lawrence and the Right to Metaprivacy

alive and well in our culture, and it remains largely intact in American law. No store owner puts up a sign saying, “You covet it, you bought it!” If you

The Neo-Hamiltonian Temptation

elected officials who were responsible for the civil rights laws of the 1960s. But if, as Professor Ackerman emphasizes, the Constitution should be