declaratory theory holds, in the words of Justice Story, that judicial decisions “are, at most, only evidence of what the laws are, and are not, of

where there is sufficient evidence showing that a loan to an executive will be used for the benefit of a corpo- ration, that loan could be aggregated

g.1460.Walton.1519

office/2014/12/19/remarks -president-year-end-press-conference [http://perma.cc/Y8PF-PPQY]. 12. See, e.g., Kim Zetter, Critics Say New Evidence

Epps & Sitaraman Feature

process.’” 46 Indeed, polling data provides some evidence that much of the public sees the Justices as political ac- tors—and also that this

journal 129:148 2019 160 and say ‘this is just an extension of the political process.’”46 Indeed, polling data provides some evidence that much of the

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adversarial trial, they—like litigation, but quite unlike conciliation—are usually structured around the formal presentation of the evidence, often by

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abide by this norm and continue to disseminate hacks to the American public. But the available evidence suggests that, even if hobby-journalists

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legal and scientific evidence in order to determine the water rights of disputing parties. The appointment of water masters has become particularly

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Independence, human rights law, substantive due process precedents, biological evidence, and common-law opinions on fetal personhood”). For examples of

state water claims conflict, courts typically appoint a water master or third party to examine legal and scientific evidence in order to deter- mine the