The Article Legal

115 Yale L.J. 524 (2005)In our legal system, private redress has tended to be the case of tort liability, which has itself traditionally been a branch of the common law. But do individuals have a « vested interest » in a law that rightes wrongs? If so, state and federal governments have a . 112 Yale L.J. 681 (2003)Recently, European and American officials have taken surprising steps to prevent firms from taking advantage of above-cost price reductions to drive out new entrants. This article argues that these legal developments likely reflect the fact that scientific criticism of predator-based testing. Treaties are negotiated, usually written, and often subject to cumbersome national ratification processes. Nevertheless, nations often have the right to withdraw unilaterally. In contrast, conventional wisdom is that nations are never allowed to.. 110 Yale L.J. 1303 (2001) This article presents a new interpretation of the relationship between law and economic development in colonial New England.

Previous research in legal history has focused almost exclusively on judicial decision-making, emphasizing the role of judges in the optimal adaptation of the law. Self-help teachings permeate the law. They regulate attempts by a legal entity to heal or prevent perceived injustice through its own actions, rather than through a mediation process. In their clearest form, these doctrines allow subjects to take what international jurists call accounts. The government often secretly gives reasons. Although secret reason targets audiences different from public reason, it offers some of the same benefits, including improved quality of decision-making and accountability. It also imposes significant restrictions on the executive branch. 112 Yale L.J. 1307 (2003)More than a quarter of all federal prosecutions and a large number of state cases involve conspiracy prosecutions. Nevertheless, leading scientific articles and the majority of eminent jurists have strongly condemned the doctrine. This article provides a functional rationale.

121 Yale L.J. 2032 (2012). Whenever a provision may be the subject of a contract, the law must establish separate rules on how private parties may enter into contracts for standard legal treatment. To date, contract theorists have not developed satisfactory theories on how to establish « changing rules », the rules that.. Under the Trump administration, the legal validity of Obama-era administrative guidelines on social inclusion has been the subject of ongoing controversy. This article relies on the philosophy of law to argue that these directives were issued in a lawful procedural manner and that they are. The current fortress of employment-based rights and benefits is collapsing. Current legal responses to cracks do not meet the challenge of modern automation and even exacerbate it. The way forward, according to this article, must begin with the separation of workers` rights. 111 Yale L.J. 769 (2002)In this article, Professor Yoshino explores how the gay civil rights movement could improve the American civil rights paradigm, which he argues is based on paradigmatic classifications of race and gender. He postulates that gays may be able to contribute to a more robust theory.

For centuries, the liberal authorization to resign followed by restitution has destabilized judicial authorities, who fear it as a threat to the commercial order or other normative values. In response to these fears, the authorities have limited the ease with which a cancellation can be chosen. Based on an original framework for assessing insolvency rules, this article casts doubt on the validity of legal arrangements that confer an absolute advantage on some creditors over others when dividing a debtor`s assets. Such arrangements, which I consider asymmetrical. Companies have developed sophisticated legal mechanisms that allocate assets to some dimensions but not others. The result is a complex network of interconnected affiliates. For example, an asset placed in a legal entity may serve as collateral that does not cover the debt of. An article is a subdivision of a legal document or a larger statute.

The articles describe specific areas of regulation. An article can be divided into sections that deal specifically with each point of law. 114 Yale L.J. 1835 (2005)Although contemporary with law and economics, law and literature were never widely accepted in law school. In this article, Professor Yoshino explains the relative anemia of discipline and prescribes a cure. The right has an incentive to withdraw from . No tax or duty may be levied on goods exported from a State. Some members of Congress, the DC Circuit, and the Law Academy promote a special and abstract form of cost-benefit analysis for financial regulation: court-mandated quantification. How would CBA work in practice if applied to certain applications? 115 Yale L.J. 256 (2005)This article argues that academic reports on civil rights and politics have falsely emphasized a narrative beginning with Plessy v. Ferguson and ends with Brown v. Schulamt.

This traditional narrative is based on a right-wing liberal view of the civilian. Courts and jurists have long been concerned with the problem of « anchoring » – the way incumbents isolate themselves and their preferred politicians from normal processes of democratic change.