"BP Squad" Assembles to Probe Oil Spill Crimes Jul 29, 2010
Although lawyers familiar with the case expect that environmental-related charges -- which have a low burden of proof -- will be filed, some doubted that investigators can prove more serious violations such as lying or falsifying test results. "That's hard to prove," said one lawyer, who spoke on the condition of anonymity because details of the investigation are not public. (CBS News -- Politics)
Equalization board to meet Aug. 16 Jul 29, 2010
In the past, Hester has said the majority of the rulings favor the tax assessor s office, in large part because the burden of proof falls upon the property owner for showing a mistake has been made. If the property owner remains unsatisfied following the hearing, appeals go first to the county judge, then to the Greene County Circuit Court and finally to the Arkansas State Supreme Court. (Paragould Daily Press, AR)
Why Turkey Still Gets a Cold Shoulder From the E.U. Jul 29, 2010
"Now, the burden of proof is on the Turkish side. Turkey is changing tack and you really wonder where it is headed. Cameron's speech is ill-timed: this is not the moment to deliver any gifts.". Cameron still has a well of global political capital to draw on, but for all his fresh-faced enthusiasm, he is part of a dwindling band of backers for Turkey's bid in both the E.U. and Ankara. (Time.com)
Act goes beyond borders Jul 26, 2010
"The Consumer Protection Act places the burden of proof squarely on the shoulders of the supplier and not, as in the past, on the consumer.". Supplier provides proof. (iAfrica.com)
Pakistan aids insurgency in Afghanistan, reports assert Jul 26, 2010
"The burden of proof is on the government of Pakistan and the ISI to show they dont have ongoing contacts," said Senator Jack Reed, a Rhode Island Democrat on the Armed Services Committee who visited Pakistan this month and said he and Senator Carl Levin of Michigan, the committee chairman, confronted Pakistans prime minister, Yousaf Raza Gilani, yet again over the allegations. Such accusations are usually met with angry denials, particularly by the Pakistani military, which insists that... (India Times, India)
Experts Veto Avastin As Breast Cancer Drug Jul 23, 2010
"I think the burden of proof is that a drug is helpful, not that it doesn't make patients worse," said panel chair Dr. Wyndham Wilson of the National Cancer Institute. "We have definitive evidence that Avastin causes harmful side effects and we've now seen a number of well-done studies that show no advantage to lifespan.". (KERO 23, CA)
Mad in China Jul 23, 2010
It also strengthens the ability of plaintiffs to bring suit by shifting the burden of proof in environmental cases to polluters, making Web sites liable for defamatory content on their sites even if they didn't produce it, enabling patients to sue doctors for medical malpractice more easily, and adding mental distress to the list of justifications for lawsuits. Whether the new law actually results in more suits and victories for plaintiffs depends on how strongly it's enforced. (Slate)
Program Finds Jobs Despite Challenges Jul 21, 2010
For Thompson, finding a job comes with an extra burden of proof -- proving to herself that she can overcome a troubled past. "I lost myself for like 10 years," said Thompson. (Click2Houston, TX)
Pending Legislation Aims to Extend California Anti-Deficiency Protection Jul 20, 2010
That brought about amendments that would have put a burden of proof on the borrower. Finally, it was simplified to apply only to the amount of a subsequent loan that equals the amount originally borrowed in order to purchase the property. (RealtyTimes)
Not miraculous, just good luck Jul 20, 2010
How fortunate then that the burden of proof is on the one making a positive claim. ARandi - July 19, 2010, 7:56AM. (Sydney Morning Herald -- Opinion)
Police car purchased, van ready, budget talks Kiowa City Council, search for administrator Jul 15, 2010
The burden of proof is not on us it s on them, Councilman Poland said. The fact of the matter is he (Ashbaker) did not have a building permit, Bloodworth said. (Alva Review Courier, OK)
- ICC adds genocide to al-Bashirs charges Jul 14, 2010
In February, the ICC appeals chamber ordered judges to rethink their decision to omit genocide, saying they had made an error in law by setting the burden of proof too high. UN Secretary-General Ban Ki-moon was deeply concerned by the nature of charges against president Bashir, spokesman Farhan Haq told a press briefing in New York. (Taipei Times, Taiwan -- Business)
SHINSEKI Help on way for veterans with PTSD Jul 12, 2010
For those not serving in the combat branches, the burden of proof was even higher. But in either case, these rules were neither fair nor sustainable. (USA Today -- News)
Pgh. House Rabbit Club marks 5 years Jul 10, 2010
District Judge Dennis R. Joyce ruled on July 1 that Assistant District Attorney Summer Carroll met the burden of proof needed to send the case to Allegheny County Common Pleas Court. Mr. Bainbridge is charged with a misdemeanor offense: accident involving death or personal injury. (Pittsburgh Post-Gazette, PA)
Jury Favors Defense in Asbestos Case Jul 10, 2010
"They found Union Carbide did act with ordinary care, and was not a substantial factor in Mr. McCauley's cancer. They just didn't think the plaintiffs met their burden of proof.". "We're looking closely at the trial record; we haven't decided yet whether we'll appeal," said Joseph D. Satterley of Louisville's Sales, Tillman, Wallbaum, Catlett & Satterley, who led the plainitiffs' team along with W. Russell Sipes of Indianapolis' George & Sipes. (Law.com)
Vets with PTSD will have an easier time getting benefits Jul 9, 2010
"It is so unfair to put the burden of proof on the brave men and women who have already put themselves in harm's way," Schumer said Thursday. "These guidelines rectify that and should bring more veterans who've served their country the help they need.". (Salon)
IAEA to keep heat on Iran Jul 7, 2010
His approach was not to claim that the documents' authenticity had been proven but to shift the burden of proof to Iran, demanding that it provide concrete evidence that it had not carried out the activities portrayed in the documents. From the beginning, Iran's permanent representative to the IAEA, Ali Asghar Soltanieh, denounced the documents as fabrications. (Asia Times Online)
Defense lawyers challenge bail law Jul 3, 2010
Previously, the burden of proof has been on the prosecutor to show that a defendant needed to be behind bars until trial. Share this page. (Juneau Empire)
New powers to go after directors of public companies Jul 3, 2010
What about the burden of proof ... If it is a criminal prosecution, then it will be a criminal burden of proof. (The Star Online, Malaysia -- Business)
Summer camp caters to kids of atheists, agnostics Jul 1, 2010
The burden of proof should be on those who say he does. The challenge is a "fun, silly way to take on a serious conversation these kids will run into over and over again in real life," she said. (USA Today)
Analysis: SEC may use Goldman Sachs to improve its image Jun 29, 2010
There's a higher burden of proof in criminal prosecutions than in civil ones. If the company can settle without admitting guilt to a serious charge, "Then it's a home run for Goldman," Miller says. (USA Today -- Money)
The Next Big Crisis: State Bankruptcies Jun 26, 2010
Im not sure how this attitude of entitlement took hold but the burden of proof is on those who wish to maintain the status quo. With 800,000 fewer jobs, businesses and people moving out of the state and tax revenues collapsing, where is the money supposed to come from to support 500,000 public employees. (Townhall.com)
Elena Kagan Ready For Her Close-Up Jun 26, 2010
Jon Kyl of Arizona contended in a briefing to reporters earlier this month, the burden of proof is not, as is usual, on her opponents, but on Kagan herself to convince the country that she is qualified to sit on the Supreme Court for the rest of her life. Page. (Investors Business Daily)
Justices Reject Effort to Keep Petition Signers' Names Secret Jun 25, 2010
Alito said the burden of proof should be low, and he argued that the challengers in this case have a "strong argument" that the public records law violates the First Amendment as applied to the same-sex petition. Sotomayor, joined by justices John Paul Stevens and Ruth Bader Ginsburg, wrote that the challengers should bear a "heavy burden" and courts should be "deeply skeptical" of arguments favoring anonymity. (Law.com)
Bork: Burden of Proof Now Shifts onto Kagan Jun 25, 2010
"It's only a presumption, it's not an iron rule. "But if issues are raised that cast doubt upon that, then I think the burden does shift to her to dispel the doubt," Bork said. Asked if enough doubt has been raised about Kagan to shift the burden of proof to her, Bork, who opposes her nomination, responded: "Oh yes, I do indeed. " The AUL news conference is part of a larger effort by conservatives to encourage a vigorous challenge to Kagan. Among the many criticisms leveled at her: She has a... (Newsmax)
'A-Plus Damages Case' Lost in 'Perry Mason' Style Jun 18, 2010
The plaintiff had "a burden of proof problem," he said. "They never showed that Mr. Burdette's accident was anybody's but his own.". (Law.com)
State representative contests June 1st primary Jun 17, 2010
Thomas will have the burden of proof at the hearing. The party will then decide if a recount is necessary. (WSFA.com, AL)
California Gay-Marriage Trial Wraps Up... Jun 17, 2010
They have the burden of proof. Homosexuality advocates are apparently are so used to getting something simply because they ask for it that they are under the delusion that the rest of us can only say "no" to their demands of us if we demonstrate to their satisfaction grave harm would result. (The Drudge Report)
Obama demands BP escrow fund Jun 15, 2010
Who's the burden of proof on. What's the cause and effect. (Sydney Morning Herald -- Business)
Off the record: In God we trust? Jun 15, 2010
Brian Morgan wrote on Jun 14, 2010 3:16 PM:" I also reject your contention that the burden of proof lies with the believer. Should not the man or woman of science possess an inquiring mind? Like that commercial years ago once said "inquiring minds" want to know about the existence of God (or at least they should). Having an inquisitive mind should be a requirement to enter the field of science, particularly physics. Those with a scientific bent or who are in the field of physics who claim, like... (Gaylord Herald Times, MI)
Obama will press BP for escrow account Jun 14, 2010
He also said the Justice Department or even state attorneys general could try to argue that the dividend would represent a "fraudulent conveyance" to keep money from flowing to claimants, though the burden of proof would be high. As one of the richest oil companies in the world, BP has nearly $7 billion in cash on hand and the capacity to borrow about $15 billion, according to Wall Street investment reports. (Pittsburgh Post-Gazette, PA)
As law languishes, trash falls where it may Jun 14, 2010
The burden of proof is so difficult, said Claire Sullivan, who directs the South Shore Recycling Cooperative. A bottle out the window that s never going to be enforced. (Boston Globe)
License to Kill: Obama Blurs Line Between Warfare and Summary Execution Jun 10, 2010
Before you take the government's word that Awlaki has been marked for death based on something more than his anti-American tirades, consider its track record in justifying the detention of alleged "belligerents." Even though the burden of proof is much lighter than it would be in a criminal trial, the American Civil Liberties Union notes, "the government has failed to prove the lawfulness of imprisoning individual Guantanamo detainees in 34 of the 48 cases that have been reviewed by the federal... (Human Events Online)
Arbitrator Can Fashion Discipline in Labor Dispute, N.J. High Court Rules Jun 10, 2010
The arbitrator found the board had met its burden of proof of showing misconduct, but said Mizichko deserved only a 10-day suspension ... "The arbitrator found just cause that the board had met its burden of proof.". (Law.com)
School board reviews new logo law Jun 8, 2010
" All the discussions about the nickname and logo that are already documented from the '90s are proof that MSD can't meet their burden of proof inherent in this word. ". kommoncents wrote on Jun 7, 2010 12:54 PM:" It's hard to believe that school officials leading the MSD are so uninformed about this issue. After all the problems preceding the logo protecting nonsense in the late '90s the Great lakes Intertribal Council (the elected leaders of the Wisconsin tribes) unanimously passed Resolution... (Menomonie Dunn County News, WI)
More Political Climate Science Jun 7, 2010
The burden of proof lies with you and other proponents of measures to control human CO2 emissions. Less than 8/10 of 1 degree in 130 years doesn't meet most people's expectations for clear evidence. (Townhall.com)
What You Don't Know about Your Online Reputation Can Hurt You Jun 1, 2010
The company put the burden of proof on Greg to produce evidence that it was the wrong Greg, which Greg did and eventually got his job back. Others might not be so lucky, though. (San Francisco Chronicle -- Technology)
‘Trapped' in Mexico May 31, 2010
She said the Department of State often demanded "an unreasonable burden of proof" of citizenship from passport applicants. But the ACLU last year settled a class-action lawsuit it filed against the government in which the State Department agreed to grant or deny passports based on a preponderance of the evidence as to their citizenship, regardless of whether the applicant was born to a midwife. (Odessa American, TX)
School regulations protect our kids May 30, 2010
If a district meets this burden of proof, the student's right to freedom of expression must yield to the district's authority to impose and enforce reasonable rules of student conduct. These principles, while well-established in the law, do not make certain decisions any less controversial when they are actually applied. (Albany Times Union)
Money for nothing: when the wealthy seek office May 30, 2010
From the perspective of voters, somebody who has been very successful in something other than politics and suddenly decides he wants to hold high public office bears the burden of proof, Sragow said. Its not clear to the voters that being a successful corporate CEO or entrepreneur gives a candidate the skills that are needed to run government. (San Diego Union-Tribune)
Libel law: Improving a reputation May 29, 2010
The bill would not introduce American-style statutory protection of free speech: the burden of proof would remain with the defendant. Critics of it, such as Paul Tweed, an Irish lawyer, say that it would place too much weight on the interests of the media and not enough on those of the common man , who can see his reputation trashed by the rich and powerful. (The Economist)
Chicago man accuses feds of racial profiling May 28, 2010
"When it comes to Latinos, what has happened is they have flipped the coin on its head: The burden of proof now is on them to prove that they are legal, that they are citizens ... That is not what America is about.". And ICE's defense raised eyebrows from Jacqueline Stevens, professor of political science at Northwestern University in Evanston, Illinois, outside Chicago. (CNN -- US)
Plant awaits its fate May 28, 2010
He said by issuing the closure order Monday, DEP gave Erie Coke no other option but to ask for a stay, which shifted the burden of proof to Erie Coke. He suggested the department issued the closure order and permit revocation to "take Secretary Hanger's foot out of his mouth." Earlier in the day Thursday, DEP presented the testimony from DEP officials who enforce air quality permits. (Erie Times-News, PA)
Plant affects many May 27, 2010
He said by issuing the closure order on Monday, DEP gave Erie Coke no other option but to ask for a stay, which shifted the burden of proof to Erie Coke. If that stay is not granted, Naugle said, it "would be a death sentence for the facility. Erie Coke would effectively be deprived of its property without due process of law," he said. (Erie Times-News, PA)
West Allegheny's Bongiorni will be eligible for football May 27, 2010
"The burden of proof on West Allegheny was to give the [PIAA] board of appeals reason why he should be declared eligible in all sports, while Burgettstown needed to provide enough evidence that he should remain ineligible in all sports," said PIAA executive director Brad Cashman. "The board of appeal didn't feel enough evidence was presented to justify his ineligibility in football.". (Pittsburgh Post-Gazette, PA -- Sports)
British Lawmaker Proposes Libel Law Reform Bill May 27, 2010
Liberal Democrat Anthony Lester's proposed bill is intended to increase the burden of proof on those who sue for libel, forcing them to show evidence they have suffered substantial harm or financial loss ... English law gives much stronger protection to an individual's reputation than in the U.S., and places the burden of proof on the person being sued for libel rather than the claimant. (CBS News -- World)
Oakland gang injunction is a false solution May 26, 2010
Gang injunctions are court orders that criminalize everyday activities of people labeled gang members by relying on a lower burden of proof in the civil court system. In cities where gang injunctions have been issued, they have resulted in young black and Latino men - whether they are 16, 25 or 35 - facing harassment by police simply because of what they look like and where they live. (San Francisco Chronicle -- Opinion)
Oakland's gang injunction is a chance to save lives May 26, 2010
The burden of proof is always, as it should be, on the city. This conclusively precludes profiling. (San Francisco Chronicle -- Opinion)
Hawking the point at draft time May 22, 2010
I love games of burden of proof ... I love games of burden of proof ... yeah ray, that is the quickest give away that what the other said might have its own burden of proof and cant be documented so they throw it to the other side when asked point blank to verify their impression. (Atlanta Journal-Constitution -- Sports)
Merriman in role of victim a tough sell May 14, 2010
Hes certainly smart enough to know that he bears a burden of proof if he expects to be paid as an elite player. Switching agents from Condon to David Dunn might help facilitate a trade, but its hard to imagine any team paying Merriman as an impact player at this point. (San Diego Union-Tribune)
NYT: Prosecutor asks if banks duped rating agencies May 13, 2010
Criminal cases carry a higher burden of proof than civil cases. Under a New York state law, Mr. Cuomo can bring a criminal or civil case. (MSNBC -- Business)
IRS reviewing college business income, exec compensation May 11, 2010
But if a nonprofit institution follows the elements of the rebuttable presumption procedure, which requires a review by uninvolved members of the governing board after considering comparable data and other evidence related to a salary decision, the burden of proof shifts to the IRS to show that an institution has awarded excessive compensation. A significant minority of institutions, in setting compensation levels for senior employees, did not use independent surveys that compared their own... (USA Today -- News)
Lawmakers push for legislation to reverse court ruling May 11, 2010
Dave Loebsack are pushing for legislation to reverse a U.S. Supreme Court ruling that puts the burden of proof of age discrimination on employees. In a case brought by Iowan Jack Gross, the court reversed decades-old federal age discrimination legislation that required employers to prove they had not discriminated on the basis of age. (Mason City Globe-Gazette, IO)
No Justification Needed (1) May 9, 2010
The burden of proof lies with the wind developers. They need the hard scientific evidence proving their set backs and regulations will protect the health, safety and welfare of the public. (Coudersport Potter-Leader Enterprise, PA)
Experts to discuss reclaiming Nazi-looted artworks (4) May 9, 2010
While the Cleveland museum has offered to return The Aviator if a rightful owner can be found, the burden of proof rests on the person who thinks his art was looted. Not on the museum. (Cleveland Jewish News, OH)
Lieberman says he will sponsor legislation May 7, 2010
The burden of proof, by a preponderance of evidence, would be on the party asserting that loss of citizenship has occurred. This statutory scheme has been upheld, including the burden of proof, by the United States Supreme Court in a 1980 decision, Vance v. Terrazas. (Harper's Magazine)
Citizenship bill introduced May 7, 2010
Altmire said the new bill hasn't changed the government's burden of proof. "When someone wants to appeal this [ruling], the burden of proof is on the Department of State. And there's a very high legal threshold to remain consistent with the bill. None of that has changed.". (CNN)
How Conservatives Should Handle Immigration May 5, 2010
But, as it is, with the burden of proof on the citizen (or the illegal immigrant), the law is bound to raise tensions between Anglo cops and Latino citizens. But being forced to support or oppose the Arizona law is a false choice. (Townhall.com)
Tide of new PTSD cases raises fraud fears May 3, 2010
The VA is seeking to ease the burden of proof to ensure that their claims are processed swiftly. advertisement. (MSNBC -- Health)
Buffett defends Goldman investment, CEO Blankfein May 2, 2010
Many said it is unlikely, citing the higher burden of proof in criminal cases. Asked whether Goldman should have disclosed that it had received a "Wells notice" from the SEC indicating possible civil charges, Buffett said not all such notices are material, and that the larger the company, the less likely they will be. (MSNBC -- Business)
In tide of new PTSD cases, fear of growing fraud May 2, 2010
The VA is seeking to ease the burden of proof to ensure that their claims are processed swiftly. But at the same time, some undeserving vets have learned how to game the system, profitably working the levers of sympathy for the wounded and obligation to the troops, and exploiting the sheer difficulty of nailing a surefire diagnosis of a condition that is notoriously hard to define. (OregonLive, OR -- News)
Feds Open Criminal Probe of Goldman May 2, 2010
The SEC civil fraud case against Goldman even with the lower required burden of proof than in a criminal case also could be difficult and faces pitfalls, in the view of some experts. To prove it, they say, the agency must show that Goldman misled investors or failed to tell them facts that would have affected their financial decisions. (Time.com)
FBI probing Goldman for criminal case May 1, 2010
The burden of proof in a criminal case would be higher than in the SECs civil case ... Burden of proof in criminal case higher than in SEC s civil case as charges must be proven beyond reasonable doubt. (India Times)
Goldman crisis grows with criminal probe May 1, 2010
"That overhang on Goldman's stock may persist despite the uncertain outcome of the criminal investigation.Legal experts said it was far too early to predict whether federal prosecutors will find a basis for bringing a criminal case during their examination of some of Goldman's subprime mortgage-backed deals. Many think it is unlikely, given the higher burden of proof in a criminal case compared with a civil prosecution by the SEC.Federal prosecutors are still licking their wounds from last... (Sydney Morning Herald -- Business)
AZ law meant to provoke govt. May 1, 2010
Key high court decisions, for example, endorsed police inquiries into immigration status, held that the failure of immigrants to carry federal documents was a crime, allowed states to cut public services to illegal immigrants and shifted the burden of proof that local enforcement programs are improper away from cities and onto the immigrants' rights lobby. Dozens of elected officials are now calling for passage of omnibus enforcement laws in their states. (CNN -- US)
