Results for 'evidence'
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
Forum: The Present Crisis in American Bail
centuries of struggle, would lose its meaning.” As the Court has elsewhere recognized, a detainee “is hindered in his ability to gather evidence, contact
Forum: Living with History: Will the Alien Tort Statute Become a Badge of Shame or Badge of Honor?
Washington’s presidency. Those materials provide uncontroverted contemporaneous evidence that the Founding generation was concerned with providing remedies for
Elizabeth Napier Dewar
remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should
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
Dangerous Defendants
; see also id. at 2485-88 (analyzing officer-safety and loss-of-evidence concerns). King, 133 S. Ct. at 1978 (internal alterations, citation, and
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
Regulating Sexual Orientation Change Efforts: The California Approach, Its Limitations, and Potential Alternatives
about same-sex attraction, rather than clinically demonstrable scientific evidence. These two types of harm are not explicitly identified as separate
Uncovering the Codifier’s Canon: How Codification Informs Interpretation
arguments. The ordinary meaning of a textual phrase in a statute is often the most persuasive evidence in favor of a particular interpretation. An
Forum: Chevron Should Not Be Converted into a Voting Rule: A Response to Gersen and Vermeules Proposal
reducing bias in judicial review of agency decisions, all of the available evidence supports my belief. A few years after the Court decided Chevron