Results for 'evidence'
Forum: Who Gets the Ventilator? Disability Discrimination in COVID-19 Medical-Rationing Protocols
narrow. Further, the law requires that such imminent-death determinations will be made based on the best available objective evidence, free from both bias
Carl Shapiro
holdup. Feature Hovenkamp and Shapiro argue that the longstanding structural presumption is strongly supported by economic theory and evidence and
Tailoring Regimes for a Designer Drug: Developing Civil Liability for Retailers of Synthetic Marijuana
through criminal regimes, municipal code enforcement… See Eric Helland & Jonathan Klick, The Tradeoffs Between Regulation and Litigation: Evidence
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: Innocence and Override
—in which a jury voted for life before a judge imposed a death sentence—are more likely to involve weaker evidence and wrongful convictions when
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
Kevin Tobia
The Yale Law Journal - Kevin Tobia Kevin Tobia Note Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1
Forum: Original Understanding and the Whether, Why, and How of Judicial Review
Supremacy Clause assumes that the federal judiciary has the power to review state legislation—the critical evidence concerning the acceptance of judicial
Election Law
historically is inaccurate and biased—and 2020 Census data may be even more so—courts should clarify that they will consider evidence that district populations a
Govind Persad
consider patients’ probability of survival and post-treatment life expectancy. Evidence-based triage that considers these factors, rather than inaccurate stereotypes, can be not ...