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Date of publication: 2017-09-01 10:26

Of central importance to administrative law and theory is the question whether, and when, courts will defer to agency interpretations of law. In Chevron v. Natural Resources Defense Council, the Supreme Court replaced earlier answers to that question with a new framework: courts should defer to an agency interpretation unless the relevant statute is clear or the agency interpretation is unreasonable. In the past two decades, however, the Chevron framework has come under increasing strain. Doctri…

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The burden of proving that the directors have wrongfully accepted or objected to transfers of shares rests on the person making the allegation. The Courts will always presume bona fide on the part of the directors.

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The Yale Law Journal Pocket Part is soliciting commentaries for two end-of-year issues: one issue will focus on new developments in state courts, and the other will focus on new developments in state legislatures. Our goal is to bring critical focus to an area of lawmaking that deserves greater attention in the legal literature, and we invite you to submit a commentary on a state law topic of your choosing. Commentaries may explore a legal development at the state level that has not been ext…

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Recent attempts to falsely portray presidential candidate Barack Obama as a Muslim and a tool of our nation’s enemies serve as vivid reminders that many Americans doubt the loyalties of their Muslim compatriots. These smears exploit the perception that conduct expressive of Muslim identity—like attending a “Muslim” school or wearing “Muslim” garb—is inherently suspicious. Some counterterrorism profiling, even when based on “objective” intelligence, has employed similar logic by…

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Since United States v. Booker, the main task of sentencing academics and appellate judges has been to solve the riddles of its mandated “reasonableness” review. This is a crucial task because the answers reached will largely determine whether Booker’s promise of fresh discretion in federal sentencing becomes a dead letter in the district courts, or whether the federal judiciary once again assumes its role at the head of our pursuit of justice in sentencing. Of the many questions posed by…

The Pocket Part is pleased to announce the publication of a symposium on legal issues surrounding the growth and use of sovereign wealth funds as an international investment tool.  This week presents the second of the two part symposium issue.

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