Search results for: "evidence" (2892 results)
the plaintiff can provide evidence to show only a 40% probability of inherent dangerousness. In addition, the plaintiff can show only a 40
question must be the same for both provisions. This Article questions that assumption by separately examining the historical evidence regarding the
a tool of exclusion. Next, it establishes that these practices are widely deployed by offering additional evidence of discrimination from diverse
there was no evidence of discriminatory intent). The application of these doctrines and the related determinants of discrimination law’s scope is
consumed simultaneously by merchants and cardholders—evidence of higher transaction fees paid by merchants was insufficient to carry the government’s
the evidence. As the Court explained in United States v. Carolene Products, rational basis review is supposed to apply only to unenumerated rights
determined on a property-by-property basis, requiring clear and convincing evidence for this determination, and imposing a tighter definition of blight); S.C
precluding any kind of categorical conclusion. But when fairly evaluated, there is almost no evidence unambiguously supporting the proposition that
Sustaining the “rationality of the [coverage] formula,”42 the Court found that Congress “began work with reliable evidence of actual voting
However, the policy exclusion at issue has two important facets: who and why. An insurer ordinarily must show by a preponderance of the evidence