Results for 'evidence'
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
A Reassessment of Common Law Protections for "Idiots"
proceeds to reassess common law insanity protections for idiots and finds strong evidence that these protections included people with a relatively wide
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
Forum: Partisanship, Remedies, and the Rule of Law
two new sets of boundaries on postconviction habeas courts’ power to gather new evidence. These new boundaries constrained the availability of habeas
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
Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse
allows plaintiffs to use any and all evidence, including indirect or circumstantial evidence, to show that gender stereotypes were in play in an
Forum: Apple and the American Revolution: Remembering Why We Have the fourth Amendment
plaintiff’s lawyer told the jury: Ransacking a man’s secret drawers and boxes to come at evidence against him is like racking his body to come at his secret
Early Release in International Criminal Law
“substantial evidence of rehabilitation” based in part on her “good behavior during the course of her incarceration.” He also noted her cooperation
Forum: Complicated Process
requiring a preponderance of the evidence standard, with which Harvard now complied. The rationale was that the “preponderance” standard was all that