... developed and become entrenched since its establishment in 1991. This sequenced approach requires the claimant to demonstrate their case on a prima facie basis, before moving the onus to the Government to respond. The Government can meet this burden of proof by producing detailed and substantiated...

... and procedural—of the same right and that the procedural aspect should be given primacy both in terms of the order of examination and inferences to be drawn on the question of observance of human rights by states. human rights criminal law procedural obligations standard of proof burden of proof Article 3...

... and coastal resources. We believe that we must, instead, advance a proactive conservation ethic based on the precautionary principle and an appropriately placed burden of proof—strategies that will help reduce our reliance on costly restoration and protect marine and coastal ecosystems. Conservation...

... of the doubt burden of proof expert opinion law of evidence rule of law vaccine ADEM is a rare disease with a relatively low incidence. The estimated annual incidence of ADEM was 0.4 per 100 000 in California ( Leake et al., 2004 ) and Japan ( Yamaguchi et al., 2016 ) and 0.2 per 100 000...

... aggregation across sides, as well as contrasting positions regarding the allocation of burdens of proof in platform cases, tend to assume as determinative for their conclusions the way in which the relevant antitrust market is defined—whether broadly or narrowly. The article, instead, suggests...

..., whether the ‘weight’ of the evidence (in Keynes’s sense of that term) has been practically optimized as a condition on submitting the matter to the fact-finder for decision, a determination that pertains to both criminal and civil cases. The latter view is defended. burden of proof burden of persuasion...

... principles of EU law; (iii) explain the rationales for presumptions in EU competition law; and (iv) draw conclusions for optimal enforcement. competition competition law antitrust antitrust law presumptions error costs burden of proof evidence L40 K21 The term ‘presumption’ usually triggers...

.... This commentary challenges both of Semrau’s claims. I argue that there is no reason to believe that kidney sellers benefit from the current black market trade in organs, and highlight a number of potential issues regarding the effectiveness and feasibility of Semrau’s proposed market regulations. burden of proof...

... at American colleges and universities, allegations of wrongdoing are adjudicated according to a much lower ‘preponderance of the evidence’ standard. Victims’ rights advocates correctly argue that a lower burden of proof makes it easier to ensure that the guilty are punished. But there is also a mathematically...

... systematically failed to satisfy the requirements of the presumption due to problems of market definition and measurement of market shares. In terms of effects, the possibility that the presumptions connote a shift in the burden of proof from the plaintiff to the defendant remains unclear, and further guidance...

... the legitimate grounds for justifying legal rules. Kaplow’s discussion relies on his work with Steven Shavell as the general philosophical grounding for his burden-of-proof analysis. ¹⁷ Their book argued forcefully in favour of the primacy of welfare over ‘fairness’ (broadly defined to include...

... criminal law. presumption of innocence burden of proof criminal law ECHR During the last decade the presumption of innocence has been at the centre of a lively scholarly debate in England. The Human Rights Act 1998 transposed into English law art. 6(2) of the European Convention on Human Rights (ECHR...

... difficulties in determining the burdens of production and persuasion, the meaning of legal terms in propositions to be proved and the inferences to be drawn from them. Presumptions factfinding legal decision documents vaccine compensation evidence law burden of proof burden of production burden...

... are sometimes made through a structured process in which multiple participants play various roles, and make decisions concerning various logical components of the overall inference (such as legal rules, policy objectives, presumptions, evidence, burdens of proof and findings of fact). This article illustrates...

... cases. racial discrimination Roma burden of proof Article 14 European Convention on Human Rights * Post-doctoral researcher at Université Paris Ouest Nanterre ( [email protected] ). © The Author [2012]. Published by Oxford University Press. All rights reserved. For Permissions, please email...

... and Rhetoric, University of Windsor, Canada [Received on 3 June 2011; revised on 8 September 2011; accepted on 19 March 2012] In this article, we provide a formal logical model of evidential reasoning with proof standards and burdens of proof, which enables us...

.... For Permissions, please email: [email protected] 2011 Abstract Fitzpatrick, M., Graham, N., Rihan, D. J., and Reid, D. G. 2011. The burden of proof in co-management and results-based management: the elephant on the deck! – ICES Journal of Marine Science, 68: 1656–1662. Results-based management...

... be determined partly on the total quantity of drugs handled. The determination of this quantity is a controversial estimation problem. Moreover, there is confusion concerning the relationship of this problem and the burden of proof. Various aspects of this problem are discussed in the context of three cases...

... probably be opposed by prosecutors and defense counsel. Prosecutors would object on the grounds that this quantification requires too high a probability. Some defense counsel would object because ‘fuzziness’ in the burden of proof would allow jurors to take more account of the case-specific...

... species receive the benefit of the doubt, by switching the null and alternative hypotheses. These points are illustrated by critiquing a recent review of ESA requirements for endangered fishes in Upper Klamath Lake (southern Oregon). hypothesis test equivalence test statistical power burden of proof...