Results for 'evidence'
Kevin Tobia
The Yale Law Journal - Kevin Tobia Kevin Tobia Note Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1
Ilan Wurman
nondelegation doctrine, but numerous scholars have portrayed the doctrine as ahistorical and unoriginalist. This Feature systematically reviews the evidence and concludes there is ...
Rachel Frank
The Yale Law Journal - Rachel Frank Rachel Frank Note Scientific evidence overwhelmingly shows that the categorization of Plan B and other emergency
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 ...
Marcel Kahan
institutional investors hold stakes in competing firms. Most mechanisms, including cartel facilitation and passive failures to encourage competition, either lack empirical ...
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 ...
Kory A. Langhofer
Founding-era evidence on juror accountability. It concludes that the Public Trial Clause does not require juror identification. Part I describes the Public Trial Clause ...
Nick Levin
recent foray into electoral matters, Bush v. Gore, as resounding evidence that it is, with concerns for equality and electoral deadlines constituting the conservative Justices ...
Katherine A. Macfarlane
the exclusionary rule to evidence seized as a result of an arrest that followed an unconstitutional stop. The opinion, in conjunction with Justice Sotomayor’s dissent, has ...
Sonja B. Starr
empirical staff’s criticisms of their recent article, which found, contrary to the Commission’s prior work, no evidence that racial disparity in sentences increased in response to ...