Search results for: "evidence" (2900 results)
frequent use of treaties as evidence of CIL. In this Article, we consider both the intellectual history and functional desirability of the Mandatory View
historical evidence or the coherence of the textual analysis—Justice Thomas has advanced the methodology of originalism in two ways. First, by providing a
standard for the admissibility of scientific evidence, surveying the landscape of complex technical practice is often better left to witnesses rather
that evidence of the manner of invention cannot be considered; its passive wording indicates that the manner of invention may be relevant but cannot
wrongdoing in prison. Yet prison discovery is broken. This Article explores the extensive written and unwritten barriers to evidence gathering in
remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should
Knoll fail to provide any evidence that their proposed norm would reduce tax-induced distortions more than competing efficiency norms, even in the
from the jury. Writing for the Court, Justice Blackmun held that they could not, but in doing so he failed to refer to any of the evidence that
insiders to the defendant tippees moots the former error—at least on the evidence accepted in the Second Circuit—and justifies the outcome, but not
and, like many such lawsuits, is likely to end in settlement. But there is ample evidence that race- based damages calculations in § 1983 civil