Results for 'evidence'
Forum: The Present Crisis in American Bail
centuries of struggle, would lose its meaning.” As the Court has elsewhere recognized, a detainee “is hindered in his ability to gather evidence, contact
Forum: Living with History: Will the Alien Tort Statute Become a Badge of Shame or Badge of Honor?
Washington’s presidency. Those materials provide uncontroverted contemporaneous evidence that the Founding generation was concerned with providing remedies for
How Qualified Immunity Fails
participating in discovery and trial. Yet the Supreme Court has relied on no empirical evidence to support its assertion that qualified immunity doctrine
Forum: Masquerading Behind a Facade of National Security
imprisonment of mostly American citizens—without charges, trials, or evidence of individual disloyalty—despite the Constitution’s commands of due process and
Forum: The Easterbrook Theorem: An Application to Digital Markets
taking variants of the Easterbrook assumption as given, the optimal standard of proof is stronger than the preponderance of the evidence standard. Our
Forum: Chevron Should Not Be Converted into a Voting Rule: A Response to Gersen and Vermeules Proposal
reducing bias in judicial review of agency decisions, all of the available evidence supports my belief. A few years after the Court decided Chevron
Forum: Political Checks on a Politicized Presidency: A Response to Neal Katyals Internal Separation of Powers
been “decimated” and that “legislative abdication is the reigning modus operandi”? As evidence, Katyal points to the dearth of legislative enactments
Forum: Their Bark Is Bigger Than Their Bite: An Essay on Who Bleeds When the Wolves Bite
corporate governance landscape is not going to alter this process. V. a less unhappy ending? Happily, a careful review of the evidence—including the
The Eyes-On Doctrine
order. Consider inmate grievance procedures, nonjudicial oversight bodies, and evidence that both promote discipline. By what assumed necessity do
Uncovering the Codifier’s Canon: How Codification Informs Interpretation
arguments. The ordinary meaning of a textual phrase in a statute is often the most persuasive evidence in favor of a particular interpretation. An