The Character of Discrimination Law: The Incompatibility of Rule 404 and...
114 Yale L.J. 1063 (2005)Disregarding the dictates of Federal Rule of Evidence 404, plaintiffs in discrimination suits routinely prevail on the basis of propensity proofs. Yet neither the parties nor...
View ArticleAmerican Prosecutors as Democracy Promoters: Prosecuting Corrupt Foreign...
114 Yale L.J. 1185 (2005)On June 3, 2004, a jury in a San Francisco federal court convicted former Ukrainian Prime Minister Pavel Lazarenko of twenty-nine counts of money laundering, wire fraud,...
View ArticleThe Inadequacy of Fiscal Constraints as a Substitute for Proportionality Review
114 Yale L.J. 1177 (2005)The Constitution does not prohibit "everything that is intensely undesirable." In particular, Justice Scalia argues, the Eighth Amendment does not prohibit disproportionately...
View ArticleMore Equal than Others: Defending Property-Contract Parity in Bankruptcy
114 Yale L.J. 1099 (2005)Contracts create property; contractual rights and obligations are property. In bankruptcy, however, this aspect of nonbankruptcy law is often not recognized. This Note argues...
View ArticleJudging Partisan Gerrymanders Under the Elections Clause
114 Yale L.J. 1021 (2005)The Supreme Court has consistently decried the lack of standards for adjudicating partisan gerrymandering claims, most recently in last Term's Vieth v. Jubelirer. But it has...
View ArticleProperty in All the Wrong Places?
114 Yale L.J. 991 (2005) In Who Owns Native Culture? and Public Lands and Political Meaning, an anthropologist and a historian document an ever-increasing deployment of property categories in two quite...
View ArticleQuestioning the Trust Law Duty of Loyalty: Sole Interest or Best Interest?
114 Yale L.J. 929 (2005)The duty of loyalty requires a trustee to administer the trust solely in the interest of the beneficiaries. Any transaction in which the trustee has an actual or potential...
View ArticleApplying Section 5: Tennessee v. Lane and Judicial Conditions on the...
114 Yale L.J. 1133 (2005)Section 5 of the Fourteenth Amendment grants Congress the "power to enforce, by appropriate legislation," the Equal Protection and Due Process Clauses. Yet in the past seven...
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