Results for 'evidence'
Rationalizing the Administrative Record for Equitable Constitutional Claims
what evidence a reviewing court should consider, despite being fundamental to the effective vindication of the rights of plaintiffs harmed by the
Rachel Frank
The Yale Law Journal - Rachel Frank Rachel Frank Note Scientific evidence overwhelmingly shows that the categorization of Plan B and other emergency
Forum: Preemption as a Judicial End-Run Around the Administrative Process?
for the Medicaid providers agreed. He elaborated: “ltimately, you have to demonstrate . . . by clear and convincing evidence, a conflict between
Jeff Zalesin
imperfect population data. Because the census historically is inaccurate and biased—and 2020 Census data may be even more so—courts should clarify that they will consider evidence ...
The Interpretation-Construction Distinction in Patent Law
found in better evidence about linguistic practices in the late eighteenth century. The linguistic meaning of the First Amendment’s state action
Debra Pogrund Stark
participants read to confirm what they were told (e.g., “Your loan is at 4%”) and then failed to look for contradictory evidence…
SEC "Monetary Penalties Speak Very Loudly," But What Do They Say? A Critical Analysis of the SECs New Enforcement Approach
of monetary penalties, it is surprising that there is little evidence of their effectiveness in deterring securities law violations. Indeed, for public
Lisa Marshall
The Yale Law Journal - Lisa Marshall Lisa Marshall Note 114 Yale L.J. 1063 (2005) Disregarding the dictates of Federal Rule of Evidence 404
Forum: Justice Sotomayor and the Supreme Court’s Certiorari Process
has issued statements provides further evidence of her deep certiorari-stage engagement. All but one of the cases came from the in forma pauperis
Inside the Agency Class Action
more experienced counsel, hear complex statistical evidence involving company-wide practices, and sometimes certify sub-classes to ensure parties with