Results for 'evidence'
Forum: A Post-Shelby Strategy: Exposing Discriminatory Intent in Voting Rights Litigation
Intentional discrimination claims—brought where appropriate and supported by the evidence—force an appraisal of the true motives underlying laws passed
Forum: The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct
blood evidence from his defense attorneys. Thompson had sued the Orleans Parish District Attorney’s Office based on a failure-to-train theory, arguing
Forum: The New Electronic Discovery Rules: A Place for Employee Privacy?
ordered UBS bear seventy-five percent of the costs of restoring the other seventy-plus tapes. Restoration revealed damning evidence of spoliation—the
Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law
evidence of the State A crime. The search was unlawful and the evidence would be excluded under State B’s constitution, but the search was lawful under
Nondelegation at the Founding
messy, precluding any kind of categorical conclusion. But when fairly evaluated, there is almost no evidence unambiguously supporting the proposition that
Forum: In Defense of Guantanamo Bay
variety of ways, and evidence and information useful in assessing whether there is a prosecutable case may exist in a multitude of domestic and
Forum: Building an Umbrella in a Rainstorm: The New Vote Denial Litigation Since Shelby County
their approaches differ in some respects. This Essay describes tension among the courts of appeals as to the necessity of (1) statistical evidence
The Strategies of Anticompetitive Common Ownership
firms. Their concern rests on empirical evidence that such common concentrated ownership is associated with higher prices and lower output. This evidence
Forum: Dominant Digital Platforms: Is Antitrust Up to the Task?
evidence is needed to establish monopoly power. In litigation, the platforms no doubt would argue that competition is “just a click away.” However
Why Protect Religious Freedom?
the standards of evidence and reasoning we everywhere else expect to constitute constraints on judgment and action.” Leiter argues, moreover, that it