The Yale Law Journal

Results for 'evidence'

C. Scott Hemphill

competition, either lack empirical evidence or else are contrary to the i… Feature This Feature examines the antitrust treatment of mergers that harm

Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker

Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker abstract. This Article presents new empirical evidence concerning the

Adam B. Shniderman

Technology (PCAST) released a report questioning the validity of a number of forensic science techniques routinely offered as evidence (“PCAST Report”). This report raises ...

Joshua D. Wright

erroneous acquittals. We find that if he is correct, the optimal standard of proof is stronger than preponderance of evidence. Our conclusion stands in

Bioethics

patients’ probability of survival and post-treatment life expectancy. Evidence-based triage that considers these factors, rather than inaccurate

Forum: The Supreme Court (of Baseball)

this third member, the Chairman of the Commission, was granted the authority to “determine the case on the law and evidence” and to award the player to

Forum: How Whren Protects Pretext

The evidence adduced in a motion to suppress the fruits of searches and seizures consists, nearly always, of nothing more than the testimony of

Forum: Capital Jurors in an Era of Death Penalty Decline

evidence in a case, you would refuse to vote for murder in the first degree merely to avoid reaching the death penalty issue? Yes or No Do you have such

Forum: Remedies and Incentives in Presidential Removal Cases

concurrence, “the most probative evidence may be the most sensitive,” potentially requiring depositions of the President or senior White House staff

Forum: Excessive Sentencing Reviews: Eighth Amendment Substance and Procedure

jurisdictions, but they may include the right to present mitigation evidence at a sentencing hearing or a requirement that trial courts provide their