Search results for: "evidence" (2386 results)
intent side, courts might uphold a challenged map if a defendant jurisdiction could provide sufficient evidence to demonstrate that the mapmakers
government isn’t able to rebut a presumptive constitutional protection through evidence, wouldn’t the protection be absolute in the sense that no government
any book, record, document, or paper which may be deemed material as evidence in the case.”4 As mentioned above, the circuit courts have disagreed
& Emerson H. Tiller, Citation to Legislative History: Empirical Evidence on Positive Political and Contextual Theories of Judicial Decision Making, 38 J
intent, so defined, is subjective. Evidence of it is thus largely within the control of accused discriminators, making it easy to exercise, easy to
contemporaneous evidence that the Founding generation was concerned with providing remedies for actions by private U.S. citizens that might embroil
the governing party of the state—which is often at odds with the views of their own constituents—rather than by any evidence-based determination of
official power for any purpose, even the most corrupt purpose indicated by objec- tive evidence of the most corrupt motives and intent, remains
different meanings).51 These well-rec- ognized canons use specific word choices or provisions throughout the whole act as evidence in favor of one
a trial’s focus, the jury may not receive evidence about the amount of punitive damages needed to meet these policy objectives. Often the only