Results for 'evidence'
Forum: On Estimating Disparity and Inferring Causation: Sur-Reply to the U.S. Sentencing Commission Staff
Using an econometric method for causal inference, a regression discontinuity-style design, we found no evidence that Booker or its progenyincreased
Forum: Inflation Indicators
Bell and Alappat are thus not evidence of the PTO’s intransigence, but of the inherent randomness of a process that spreads hundreds of thousands of
Forum: Losers’ Rules
among decisionmakers of different races or genders—federal discrimination law lurches in the opposite direction, often ignoring or trivializing evidence
Prosecuting Gender-Based Persecution: The Islamic State at the ICC
Parts. Part I details what is known about Islamic State’s crimes against Yazidi women by drawing on evidence unearthed by journalists, advocacy
Nondelegation at the Founding
messy, precluding any kind of categorical conclusion. But when fairly evaluated, there is almost no evidence unambiguously supporting the proposition that
Forum: Prove It! Judging the Hostile-or-Warlike-Action Exclusion in Cyber-Insurance Policies
issue has two important facets: who and why. An insurer ordinarily must show by a preponderance of the evidence that an exclusion applies. With respect to
Forum: Implementing Aggregation in Law: The Median Outcome Rule
preponderance-of-the-evidence standard, and distortion of litigants’ incentives. This Essay does not seek to contribute to the debate over whether, and
Forum: Noticing Genocide
never be disputed in any ICTR proceeding, the notice will prevent all further testimony and evidence of the genocide—in effect truncating the judicial
Jill Lepore
about whether scientific evidence is admissible in court to illustrate how the law renders historical evidence invisible. Frye v. United States established o…
Forum: Recycling Electrons, Undermining Justice
present evidence demonstrating clear patterns of behavior and showing who knew what and when. The recent revisions to the discovery rules missed the