Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...
115 Yale L.J. 2480 (2006)In light of recent debates regarding the scope and basis of inherent executive power, particularly with regard to foreign affairs and national security, this Essay examines ...
119 Yale L.J. 1703 (2010).Peace Through Complementarity: Solving the Ex Post Problem in International Criminal Court Prosecutions ...
120 Yale L.J. 1734 (2011). This Feature is an adaptation of chapter 3 of a forthcoming book, America’s Unwritten Constitution, which in turn is a ...
113 Yale L.J. 1871 (2004) I know that some people question if America is really in a war at all. They view terrorism more as a crime, a problem to be solved mainly with law enforcement and indictments ...
119 Yale L.J. 1715 (2010).Discoverability of Litigation Risk Assessments After First Circuit, in a rehearing en banc, held that tax accrual work papers prepared by a corporation’s lawyers in order to ...
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 ...
121 Yale L.J. 725 (2011).The federal government loses hundreds of cases in the federal courts of appeals each year, but the Solicitor General will select only a handful of those cases—just fifteen or ...
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 ...
117 Yale L.J. 1694 (2008). This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in ...
Drawing on the authors’ clinical experience, this Comment describes an asymmetry in how courts award attorney’s fees that makes it more difficult for consumer-defendants to recover the costs of ...
112 Yale L.J. 1511 (2003)Louis Kaplow and Steven Shavell are talented and distinguished legal academics who for the past several years have been working jointly on a massive project in normative law ...
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