Results for 'evidence'
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
Forum: A CSI Writer Defends His Show
criminal justice system. Juries, they say, now believe that investigators will find every tidbit of evidence at a crime scene, then have it examined in
Forum: Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber-Insurance Policies
issue has two important facets: who and why. An insurer ordinarily must show by a preponderance of the evidence that an exclusion applies. With respect to
Prosecuting Gender-Based Persecution: The Islamic State at the ICC
Parts. Part I details what is known about Islamic State’s crimes against Yazidi women by drawing on evidence unearthed by journalists, advocacy