Results for 'evidence'
Forum: The Trump Administration and the Breakdown of Intra-Executive Legal Process
which have viewed the procedural deficiencies as evidence of discriminatory purpose. The decisions serve as a warning to an unconventional
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
Forum: Protecting National Security or Covering Up Malfeasance: The Modern State Secrets Privilege and Its Alternatives
evidence it deems “secret.” In the decades after Reynolds was decided, the government rarely invoked the privilege. The alarming frequency with which the
The Second Amendment on Board: Public and Private Historical Traditions of Firearm Regulation
government buildings. Many judges, scholars, and litigants appear to have assumed that only statutes can count as evidence of the nation’s historical
The Politics of Decarceration
that the criminal-justice system is deeply broken: the United States’s incarceration rate is the highest in the world, and there is little evidence
Rebecca Steele
access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the current statutory framework and argues that the statute is ...
Forum: Hall v. Florida and Ending the Death Penalty for Severely Mentally Ill Defendants
had an IQ of above 70 points, then his attorneys were prohibited from presenting any evidence of his intellectual disability. This created a system
The Uneasy Case for Favoring Long-Term Shareholders
evidence suggesting that firms engaging in share repurchases cut back on valuable activities inside the firm. Second, managers serving long-term shareholders
Systemic Triage: Implicit Racial Bias in the Criminal Courtroom
Part I summarizes and analyzes Van Cleve’s ethnographic evidence and conclusions. Importantly, because her account is primarily qualitative, I cannot