Results for 'evidence'
Williams-Yulee and the Anomaly of Campaign Finance Law
unduly dilute what should be the most protective level of judicial scrutiny. There is already some evidence, albeit limited, of such dilution. Taken at
Louis Kaplow
adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign
Forum: Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law
assistance at both the trial and postconviction levels by holding evidentiary hearings to gather new evidence that did not exist in the state record
Legal History
reflecting an older c… Review This Book Review asks what comprises a well-functioning legal system in light of new evidence of how law operated across a
Forum: Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment
objective evidence shows that they do not. When lawmakers attending to a problem ask themselves “how should we do it?”, statutory models that are at least
Forum: Capital Jurors in an Era of Death Penalty Decline
evidence in a case, you would refuse to vote for murder in the first degree merely to avoid reaching the death penalty issue? Yes or No Do you have such
Beyond Diversification: The Pervasive Problem of Excessive Fees and "Dominated Funds" in 401(k) Plans
with more than $120 billion in assets, we provide evidence that fees and menu restrictions in an average plan lead to a cost of seventy-eight basis
Forum: The Punishment Bureaucracy: How to Think About “Criminal Justice Reform”
one’s views on drugs, there is one thing that all agree on: these laws were never based on empirical evidence about the best way to create a society
Forum: Remedies and Incentives in Presidential Removal Cases
concurrence, “the most probative evidence may be the most sensitive,” potentially requiring depositions of the President or senior White House staff
Price’s Progress: Sex Stereotyping and Its Potential for Antidiscrimination Law
come to view comparative evidence, or evidence showing a difference in treatment between a plaintiff and another employee who is similarly situated