Results for 'evidence'
Forum: Copyright, Meet Antitrust: The Supreme Court’s Warhol Decision and the Rise of Competition Analysis in Fair Use
Test Another way to define a market is through the appraisal of qualitative evidence about the relevant products or services, in an effort to identify
Rethinking Rights After the Second Reconstruction
simply evidence of objective disparate treatment. Likewise, it is uncertain whether evidence of an unjustified adverse decision affecting a female employee
Forum: Storage Wars: Greater Protection for Messages in Memory
Email Privacy Act, while limited in scope, represents a step in the right direction—and evidence of the growing need for stronger privacy protections
Antitrust Law
correct, the optimal standard of proof is stronger than preponderance of evidence. Our conclusion stands in stark contrast to proposals to reduce the
Forum: A Brief Defense of the Written Description Requirement
description requirement would say a description that enables the PHOSITA to reduce the invention to practice is sufficient evidence. Pfaff v. Wells
Critical Race Theory
The Yale Law Journal - Critical Race Theory Critical Race Theory Article This Article introduces “antiracist expert evidence,” an underutilized tool
Forum: Treasons Return
admitted that he had no evidence that Gadahn had planned or participated in any terrorist attacks. Yet in response to a follow-up question asking
Forum: Court Proceedings
The Yale Law Journal - Forum: Court Proceedings Court Proceedings The court’s decisions were usually fairly brief, quickly summarizing the evidence, any relevant legal ...
Forum: Executives Do Not Need Waivers and Companies Should Not Offer Them: A Response to Mark Kressel
fundamental principles that undergird them. The court can balance those competing interests based on evidence presented at a hearing in limine. If the defense
Forum: Justice Thomas, Criminal Justice, and Originalism’s Legitimacy
historical evidence or the coherence of the textual analysis—Justice Thomas has advanced the methodology of originalism in two ways. First, by providing a