Results for 'evidence'
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
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
Forum: What Are the Sources of Patent Inflation? An Analysis of Federal Circuit Patentability Rulings
in the expansion of patentable subject matter, but he offers no evidence that this expansion stems from the asymmetry of appeals to the Federal
Forum: Preemption as a Judicial End-Run Around the Administrative Process?
for the Medicaid providers agreed. He elaborated: “ltimately, you have to demonstrate . . . by clear and convincing evidence, a conflict between
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: 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
SEC "Monetary Penalties Speak Very Loudly," But What Do They Say? A Critical Analysis of the SECs New Enforcement Approach
of monetary penalties, it is surprising that there is little evidence of their effectiveness in deterring securities law violations. Indeed, for public
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
News: New York Times Editorial Cites Forum Essay on Judicial Override
Center for Human Rights—now argue that override also increases the risk of wrongful executions. Pointing to evidence that half of the exonerations in
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