abstract. This Note aims to develop and describe a new type of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial ...
110 Yale L.J. 725 (2001) ...
119 Yale L.J. 316 (2009). Existing accounts of early gay rights litigation largely focus on how the suppression and liberation of gay identity affected early activism. This Note helps complicate these ...
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. 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. One of the most controversial trends in American civil justice is litigation lending: corporations paying plaintiffs a lump sum in return for a stake in a pending lawsuit. Although causes of ...
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