Results for 'evidence'
Forum: Partisanship, Remedies, and the Rule of Law
two new sets of boundaries on postconviction habeas courts’ power to gather new evidence. These new boundaries constrained the availability of habeas
Forum: Protecting National Security or Covering Up Malfeasance: The Modern State Secrets Privilege and Its Alternatives
evidence it deems “secret.” In the decades after Reynolds was decided, the government rarely invoked the privilege. The alarming frequency with which the
Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse
allows plaintiffs to use any and all evidence, including indirect or circumstantial evidence, to show that gender stereotypes were in play in an
Forum: Apple and the American Revolution: Remembering Why We Have the fourth Amendment
plaintiff’s lawyer told the jury: Ransacking a man’s secret drawers and boxes to come at evidence against him is like racking his body to come at his secret
Early Release in International Criminal Law
“substantial evidence of rehabilitation” based in part on her “good behavior during the course of her incarceration.” He also noted her cooperation
Forum: Complicated Process
requiring a preponderance of the evidence standard, with which Harvard now complied. The rationale was that the “preponderance” standard was all that
Criminal Procedure
Communications Act poses an increasing threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to
Campus Sexual Assault Adjudication and Resistance to Reform
credible testimony be corroborated by other evidence, that the victim resist her attacker to the utmost of her physical capacity, that the victim
Forum: Was Sexual Harassment Law a Mistake? The Stories We Tell
organizational ones. Some of these larger frames are difficult to discern from the allegations, arguments, and evidence available in public documents, but in
One Size Fits None: An Overdue Reform for Chapter 7 Trustees
indebted consumers’ deferred payments become due. If and when those consumers do file, our novel empirical evidence from the analogous post-2008