Results for 'evidence'
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: Looking Back Ten Years After Kelo
the evidence. As the Court explained in United States v. Carolene Products, rational basis review is supposed to apply only to unenumerated rights
Forum: The American Rescue Plan and the Future of the Safety Net
offer powerful evidence about the most effective options. The Supreme Court’s decision in National Federation of Independent Businesses (NFIB) v
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
Prosecuting Corporate Crime when Firms Are Too Big to Jail: Investigation, Deterrence, and Judicial Review
necessary for corporate settlements but will not reliably produce evidence necessary to charge culpable individuals. In response, this Note proposes
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
Injured on the Job: Standing, Federalism, and State Wage-and-Hour Laws
that in a class action, every individual class member must furnish evidence that they specifically suffered a concrete injury. Combined, these
Forum: Was Sexual Harassment Law a Mistake? The Stories We Tell
organizational ones. Some of these larger frames are difficult to discern from the allegations, arguments, and evidence available in public documents, but in
Forum: Political Checks on a Politicized Presidency: A Response to Neal Katyals Internal Separation of Powers
been “decimated” and that “legislative abdication is the reigning modus operandi”? As evidence, Katyal points to the dearth of legislative enactments
Elizabeth Napier Dewar
remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should