122 Yale L.J. 1484 (2013).This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and ...
122 Yale L.J. 2394 (2013).In evaluating the legacy of Gideon v. Wainwright, it is critical to remember that the Supreme Court’s decision rested on the Sixth Amendment right to counsel for the accused ...
abstract. A tide of skepticism of the administrative state has been rising among members of the judiciary and the academy. Uncomfortable with the ways doctrines like Chevron and Auer seem to leave ...
122 Yale L.J. 1024 (2013).This Note is about the practice of conditioning recovery for violations of prisoners’ intangible constitutional rights, like First Amendment petition rights, upon a showing ...
120 Yale L.J. 2183 (2011).
122 Yale L.J. 1280 (2013).This Note examines whether state or federal principles of administrative law should govern suits challenging state agency action pursuant to cooperative federalism statutes.
an empirical look at churches in the zoning process Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000,8 federal law that profoundly reshapes the rights of churches in land use ...
118 Yale L.J. 320 (2008). This Note considers the rising trend of anonymous online harassment and the use of John Doe subpoenas to unmask anonymous speakers. Although anonymity often serves as an ...
A Small Problem of Precedent: 18 U.S.C. 4001(a) and the Detention of U.S. Citizen "Enemy Combatants"
112 Yale L.J. 961 (2003)In 1971, Congress repealed the Emergency Detention Act, part of the Internal Security Act of 1950, by writing into 18 U.S.C. § 4001(a) the provision that ...
119 Yale L.J. 1703 (2010).Peace Through Complementarity: Solving the Ex Post Problem in International Criminal Court Prosecutions ...
116 Yale L.J. 768 (2007)American historic preservationists are increasingly emphasizing the need to preserve not only prominent landmarks, but also the vernacular architectural culture of "ordinary ...
116 Yale L.J. 1625 (2007)Many judges and commentators have advocated for an Intercircuit Court of Appeals to resolve circuit splits. In recent years, the Judicial Conference of the United States has ...
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