Results for 'evidence'
Forum: And How: Mayo v. Prometheus and the Method of Invention
standard for the admissibility of scientific evidence, surveying the landscape of complex technical practice is often better left to witnesses rather
Jagged Edges
and statutes, finding no evidence that courts currently take these concerns about boundary irregularity into account but identifying potential
Originalism-by-Analogy and Second Amendment Adjudication
of institutional competence. First, courts should be careful about basing broad decisions on a supposed lack of historical evidence, given that they
Congressional Intervention in Agency Adjudication: The Case of Veterans’ Appeals
consideration of evidence collected on an open agency record—and it backed that requirement with judicial review. The APA’s requirement that agencies act
Forum: Small Business Disaster Relief and Restructuring
for bankruptcy in record numbers in 2020, and evidence suggests that liquidity was unusually high during the early days of the pandemic in particular
Forum: Unemployment Insurance for the Gig Economy
contexts. Empirical evidence indicates, for instance, that enrolling people automatically in retirement plans increases retirement savings. Assuming
Forum: War Powers Reform: A Skeptical View
evidence that the Founders gave Congress the power to “declare war” because most of them thought it would be too risky (or too monarchical) to place it in
Agency Design and Political Control
Second, most policy outputs—where one would look to see evidence of political control—are not readily comparable across agencies. As a consequence
Forum: Should Tort Law Care About Police Officers?
First, there is evidence that tort law deters harmful conduct, even in situations in which actors are not consciously thinking through the risks of
Forum: Radical Early Defense Against Family Policing
practice. We worked closely with clients whom we met at arraignments. We cobbled together the evidence at our disposal to craft compelling legal