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 ...

119 Yale L.J. 1703 (2010).Peace Through Complementarity: Solving the Ex Post Problem in International Criminal Court Prosecutions ...

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 ...

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 ...

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 ...

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 ...

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 ...

Bond v. United States failed to answer important questions about the scope and limits of the treaty power. This Comment highlights an underexplored factor driving the Framers’ formulation of that ...

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 ...

115 Yale L.J. 116 (2005)This Note seeks to forge a richer understanding of the costs and benefits of zoning. To accomplish its goal, this Note assesses and critiques Andrew Cappel's A Walk Along ...

120 Yale L.J. 2183 (2011).

The first four Parts of this Comment show that, should the Court decide to face the Eleventh Amendment question directly, it would be a mistake for it to adopt the faulty reasoning underlying the ...