The Yale Law Journal

Results for 'evidence'

Campus Sexual Assault Adjudication and Resistance to Reform

credible testimony be corroborated by other evidence, that the victim resist her attacker to the utmost of her physical capacity, that the victim

Forum: Was Sexual Harassment Law a Mistake? The Stories We Tell

organizational ones. Some of these larger frames are difficult to discern from the allegations, arguments, and evidence available in public documents, but in

One Size Fits None: An Overdue Reform for Chapter 7 Trustees

indebted consumers’ deferred payments become due. If and when those consumers do file, our novel empirical evidence from the analogous post-2008

Forum: Bargaining Around the Hearth

bargaining power. Empirical evidence suggests that midgame bargaining power—more specifically, control over resources within marriage—affects allocation. A

News: Recent Media Coverage of YLJO Essay, The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct

that prosecutors who withhold evidence are almost never disciplined. Andrew Rosenthal also referenced the YLJO essay in his New York Times editorial

The Politics of Decarceration

that the criminal-justice system is deeply broken: the United States’s incarceration rate is the highest in the world, and there is little evidence

Regulating Sexual Orientation Change Efforts: The California Approach, Its Limitations, and Potential Alternatives

about same-sex attraction, rather than clinically demonstrable scientific evidence. These two types of harm are not explicitly identified as separate

Forum: The Meta-Nonsense of Lawrence

call into question the line of Supreme Court capital-sentencing cases requiring admission of whatever mitigating evidence the defense wishes to use to

Forum: What Are the Sources of Patent Inflation? An Analysis of Federal Circuit Patentability Rulings

in the expansion of patentable subject matter, but he offers no evidence that this expansion stems from the asymmetry of appeals to the Federal

Forum: Preemption as a Judicial End-Run Around the Administrative Process?

for the Medicaid providers agreed. He elaborated: “ltimately, you have to demonstrate . . . by clear and convincing evidence, a conflict between