Results for 'evidence'
Forum: The Meta-Nonsense of Lawrence
call into question the line of Supreme Court capital-sentencing cases requiring admission of whatever mitigating evidence the defense wishes to use to
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
Campus Sexual Assault Adjudication and Resistance to Reform
credible testimony be corroborated by other evidence, that the victim resist her attacker to the utmost of her physical capacity, that the victim
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: Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court
provision unless there is strong evidence that Congress intended otherwise. To use an analogy employed most recently by both Chief Justice Roberts and
Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice
asserted may supply objective evidence of a purpose to impose a substantial obstacle to women seeking an abortion. Examining the factual basis of a health
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
The Interpretation-Construction Distinction in Patent Law
found in better evidence about linguistic practices in the late eighteenth century. The linguistic meaning of the First Amendment’s state action
Forum: In Search of Good Corporate Governance
recommendations that would facilitate this development. However, in this Forum Response, I marshal evidence in favor of two competing views. The first
Rationalizing the Administrative Record for Equitable Constitutional Claims
what evidence a reviewing court should consider, despite being fundamental to the effective vindication of the rights of plaintiffs harmed by the