Results for 'evidence'
Forum: How Justice Thomas Determines the Original Meaning of Article II of the Constitution
adopted.” Justice Thomas, however, does not limit his inquiry solely to evidence most demonstrative of the original objective meaning. On the contrary
Forum: The Trump Administration and the Breakdown of Intra-Executive Legal Process
which have viewed the procedural deficiencies as evidence of discriminatory purpose. The decisions serve as a warning to an unconventional
Forum: Our Darwinian Law of War
historical evidence when they debate the legitimacy of conflict, as they did when British and American soldiers clashed on The Caroline. Instead, they look
Forum: The Difference a Whole Woman Makes: Protection for the Abortion Right After Whole Woman’s Health
scientific evidence about the health benefits of regulating abortion, and it evaluated the burdens imposed by the Texas law, with close attention to
Forum: Losers’ Rules
among decisionmakers of different races or genders—federal discrimination law lurches in the opposite direction, often ignoring or trivializing evidence
Forum: Recycling Electrons, Undermining Justice
present evidence demonstrating clear patterns of behavior and showing who knew what and when. The recent revisions to the discovery rules missed the
Forum: On Estimating Disparity and Inferring Causation: Sur-Reply to the U.S. Sentencing Commission Staff
Using an econometric method for causal inference, a regression discontinuity-style design, we found no evidence that Booker or its progenyincreased
A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983
textualist values. Textualists espouse formalism, and codified positive-law text is formally “legal evidence of the law”—meaning the codified positive-law
Jill Lepore
about whether scientific evidence is admissible in court to illustrate how the law renders historical evidence invisible. Frye v. United States established o…
Rebecca Steele
access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the current statutory framework and argues that the statute is ...