By repackaging implicit bias as social-framework evidence, plaintiffs can persuasively contextualize for factfinders
the ways in which differential treatment plays out in a workplace, even in the absence of overtly discriminatory attitudes or stereotypes.
are commonly instructed to determine the reliability and weight of any evidence, be it direct or circumstantial, without prejudice to the latter.
There were fewer factfinders
on the employee benefits side, but they were equally effective.
3) Battered Woman Syndrome ("BWS") has received broad recognition in an effort to help factfinders
better understand how battered women perceive their relationships, and opportunities for escape from abuse, as well as reactions to the cycle of violence.
Yet everyone concedes that this formulation captures neither how human factfinders
actually work nor, more surprisingly, how theory tells us that factfinders
One can debate whether the Garner or Brown grand juries were used in ordinary or appropriate ways, in which the grand jury follows the prosecutor's lead based on the state's strongest evidence, or whether they were used in an atypical manner as factfinders
outside an open and adversarial trial process.
Darryl Brown's article shifts the focus from the substance of mens rea standards, and their application by factfinders
, to judicial failure to determine which elements of crimes, particularly federal crimes, carry mens rea elements at all.
And the possibility of state courts serving as the requisite factfinders
in constitutional cases may be viable in cases that do not involve habeas petitions against the federal government.
Tayyibah spent a week working at online business directory Factfinders
19) The plaintiffs' concern was not with separate factfinders
adjudicating different issues, but with the ability of a court under Rule 42(b) to try separately in different phases before the same jury the issue of proximate causation and the issue of the defendant's tortuous conduct.
seldom succeed: the entrapment defense requires that factfinders
more than just disinterested witnesses and impartial factfinders