Category: Law Rev (Yale)

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The Yale Law Journal Pocket Part: The Mismatch Between Probable Cause and Partial Matching

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Volume 118 of The Pocket Part is pleased to announce our final publication, The Mismatch Between Probable Cause and Partial Matching by Natalie Ram. Ram’s piece discusses a new rule requiring federal officials to collect and retain DNA not only from persons convicted of a federal offense, but also from those merely arrested on suspicion of being involved in a federal offense. Among its flaws, this rule exacerbates the tension between the shared nature of genetic information and the standards justifying DNA collection and retention. By linking DNA collection to probable cause, the new regulation threatens to destabilize our understandings about what constitutes probable cause and to put millions of never-arrested individuals under perpetual genetic suspicion.

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The Yale Law Journal Pocket Part: Roberts Court Jurisprudence and Legislative Enactment Costs

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The Pocket Part is proud to announce the publication of Roberts Court Jurisprudence and Legislative Enactment Costs by William Rinner. The piece highlights a crucial but overlooked function of the judiciary in crafting doctrines that discourage constitutionally problematic statutes. Rinner argues that rather than drawing explicit boundaries of permissible and impermissible statutory schemes, courts can and do produce constitutional doctrine that leaves these boundaries blurry, thus raising the risk of reversal for time- and resource-strapped legislators.

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The Yale Law Journal Pocket Part: The Continuing Viability of Medicaid Rights After the Deficit Reduction Act of 2005

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In the latest edition of The Pocket Part Harper Jean Tobin and Rochelle Bobroff, attorneys at the Federal Rights Project of the National Senior Citizens Law Center, respond to a recent note in The Yale Law Journal, in which Jon Donenberg argued that (1) program changes in Medicaid ushered in by the Deficit Reduction Act of 2005 (DRA) sub silentio rendered Medicaid’s basic availability provision unenforceable under 42 U.S.C. § 1983, and (2) state fair hearing procedures constitute the best alternative for enforcement of beneficiary rights. Tobin and Bobroff argue that Donenberg misreads both the DRA and § 1983 jurisprudence, overstates the usefulness of fair hearings, and overlooks the better alternative of preemption claims to enforce the Medicaid Act.

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The Yale Law Journal Pocket Part: Imposing Tort Liability on Websites for Cyber- Harassment

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Recent examples have brought the vexing problem of cyber-harassment to the public’s attention. Under § 230 of Title 47 of the U.S. Code, websites are not liable as publishers for the content on their sites so long as they are not involved in the creation of the objectionable content. Accordingly, much of the relevant scholarship has focused on repealing § 230 or imposing liability upon posters.

The immunity that website sponsors—the entities that own the domain name and control the activity on a website—have as publishers should not mean that they have no obligation whatsoever for the activity on their website. Website sponsors have a proprietary interest in their websites. Accordingly, as Nancy Kim argues in the latest edition of The Pocket Part, they should be subject to the same standard of conduct as other proprietors.

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The Yale Law Journal Pocket Part: Sovereign Wealth Funds Symposium

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The Yale Law Journal 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 first of the two part sovereign wealth funds symposium issue with pieces by Mark E. Plotkin, Victor Fleischer, and Mihir A. Desai & Dhammika Dharmapala.