The Yale Law Journal

Results for 'IF'

Forum: Citizens United and Its Critics

the majority opinion at all, as if the Court had simply ruled that Congress had passed a law with which it emphatically disagreed and would therefore

Forum: Metadata and Issues Relating to the Form of Production

are not, part of a “document.” Metadata is “electronically stored information,” discoverable if relevant, not privileged, and within the limits that

The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement

Existing scholarship often examines these partitions as if firms either fully isolate assets by a legal partition or fully integrate them in one entity

Forum: Facilitating Future Workforce Participation for Stay-at-Home Parents: Mitigating the Career Costs of Parenthood

leave protections, most mothers must return to work while their infants are still tiny if they would like to keep their jobs. The most generous federal

The Race-Blind Future of Voting Rights

fraction of seats they would control if districts were drawn randomly and without the use of racial data. Long critical of the proportionality benchmark

Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law

State A’s constitution. Should the evidence be admitted because forum law applies or excluded because the law of the situs of the search applies? What if

Forum: A Proposed Postpandemic Framework for Ordinary Course and MAE Provisions in Merger Agreements: Reviewing Recent Market Practice Changes and Addressing Skewed Incentives

event happening. In other words, their agreement provided that the buyer would have to close even if the extraordinary event occurred and had a

Forum: Intellectual Property as Property

the need for the creation of incentives on the other. The former makes intellectual property, and exclusion in particular, presumptively suspect: if

Forum: Conditional Taxation and the Constitutionality of Health Care Reform

several prominent scholars have argued similarly that this “individual responsibility requirement” (IRR) ought to be unconstitutional, even if current

Forum: Implementing Aggregation in Law: The Median Outcome Rule

as Porat and Posner argue, the court in Example 1 might assign liability if it assessed the validity of both claims in conjunction. The probability