Results for 'evidence'
A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983
textualist values. Textualists espouse formalism, and codified positive-law text is formally “legal evidence of the law”—meaning the codified positive-law
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…
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 ...
Lisa Marshall
The Yale Law Journal - Lisa Marshall Lisa Marshall Note 114 Yale L.J. 1063 (2005) Disregarding the dictates of Federal Rule of Evidence 404
Zack Bray
The Yale Law Journal - Zack Bray Zack Bray Comment 113 Yale L.J. 1143 (2004) Today, application of the exclusionary rule to evidence obtained in
Forum: Separation of Drug Scheduling Powers
behind other countries in adopting evidence-based drug policies, it leads the wealthiest nations in fatal overdoses. Under current scheduling practices
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
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
Elizabeth Napier Dewar
remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should
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