of statistical calculations following the publication of The Evaluation of Forensic DNA Evidence (1996) and People v. Reeves (91 Cal.App.4th 14 (Cal. Ct. App. 2001)) further developed DNA case law by holding that the product rule can be used when the DNA is analyzed using the PCR method.
This state-level traction suggests that federally commissioned and directed NAS reports can have a significant impact at state level. States can be considered more receptive and/or able to deliver reform. Reflecting on this, and the fact that the NAS’ mandate does not
and the same: a distinction without a diference.
II The Attitudinal Model and the Legal Model
Beginning in the 1960s, the behaviouralist theory pioneered by Glendon Schubert and others argued that constitutional disputes were a means by which judges could implement their preferred policy choices. Employing statistical methods, such as unidimensional scalogram analysis, Schubert ‘predicted’ the votes of Supreme Court Justices, although ‘predict’ must be placed in inverted commas, since he in fact worked backwards. Cases were retrospectively translated into
thinking and examining Justice Holmes’s understandings regarding the nature of truth, six of the cases in which the Court has most incorporated the word “truth” in regard to freedom-of-expression concerns The cases were identified by conducting a search in the WestlawNext database for all the cases dealing with the First Amendment and the word “truth.” The cases were ranked based on the number of times justices used the word “truth” in the case opinions. are analyzed using sociologist David Altheide’s method for qualitative document analysis with the goal of identifying
transform into deep, binding norms.
There are six possible mechanisms for international standardization bodies (ISBs) to affect the nature of substantive norms under the TPP. The first four of the methods are endogenous to the TPP and last two are hybrids, originating in exogenous events at the WTO, but subsequently incorporated into the TPP. The mechanisms are: (1) direct domestic adoption, enforced by mutual recognition, of the certification procedures and decisions of ISBs, See, e.g ., TPP, supra note 3, art. 8.6 of ch. 8 (Technical Barriers to Trade). (2) the
to search garbage without a warrant, but rather took away the potential legal power of citizens to coerce police and prosecutors away from such searches by having any evidence thus obtained rendered useless, or by granting monetary compensation at the government’s expense, or by some other method. A will does not empower a testator to inform others of the desired disposition of his property—this could be done by a legally-informal document—but rather, as a specifically legal document, a will directs the coercive power of the state against those who might take the
nineteenth century Texas, the grounds for the removal of a judge from a case were pecuniary interest and consanguinity The degree of affinity to parties in a lawsuit. based on the Texas Constitution and the common law. The 1836 Constitution adopted by the Republic of Texas reflected the old English common law rule that the only basis for disqualification of a judge was direct pecuniary interest—that is, financial interest in the outcome of the case. John P. Frank Disqualification of Judges , 56 Y ALE L. J. 609–10 (1947). There is no evidence that judicial bias as a
The Need for Perfectionist Pluralism in Law
Law as Exclusionary Reasons for Action
Law in its broadest sense consists of authoritative settlements of practical inquiries for the purpose of directing the actions of agents who respond to reasons. Law can direct the choice and action of an individual as a reason for her action as she brings her choices and actions into line with determinate laws, understood as sources of obligation. H. L. A. H ART , THE C ONCEPT OF L AW 89-90 (2d ed. 1994). Law can also act normatively upon the deliberations and
This Article’s Structure and Method
Part I of this Article examines the prior history of the British imperial postal system, the institution from which the American post office evolved. Part II examines the North American colonial branch of the imperial post, and Part III discusses the American system between Independence and the commencement of operations under the new Constitution. Part IV addresses the debates over the Postal Clause at the Constitutional Convention, and Part V addresses the ratification debates. Part VI contains my conclusions as to the original
certain things in, say bicameralism or a federal division of powers or a set of rights that set a new floor level of treatment of citizens below which the legislature could not drop. So Scalia thought that statutes and the constitution ought both to be interpreted in the same way, using a method he called ‘textualism’ See , e . g . id. at 23. Scalia is clear that this does not mean strict constructionism ( id . at 23), that ‘context is everything’ ( id . at 37) and that what we seek to find is ‘how the text of the Constitution was originally understood’ ( id . at 38
Among the many distinctive features of his jurisprudence, Justice Scalia conducted an ongoing seminar on interpretive method, both in the law review articles he wrote, see note 2 infra, and in his numerous public appearances. For a useful assessment of Justice Scalia’s role in the development of originalist precepts, see Thomas B. Colby & Peter J. Smith, Living Originalism , 59 Duke L.J. 239, 248-49 (2009) (describing Justice Scalia as a leading proponent of the change from original intent to original meaning as the touchstone of originalist