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14 May 2009, 9:05 pm
Once the defendant has met this burden, the burden then shifts to the government to demonstrate by a preponderance of the evidence, United States v. [read post]
30 Sep 2010, 6:12 am by Benjamin Wittes
In a related development, as Bobby noted yesterday, a cert petition in Al Odah also raises burden of proof questions. [read post]
30 Jan 2018, 1:13 pm by Gail Jankowski
Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the Supreme Court in Basic, Inc. v. [read post]
20 Aug 2010, 5:50 am
Burden of proof of the charges of alleged misconduct never shifts to the individual served with disciplinary chargesNYC Department of Sanitation v Torrence, OATH Index #2015/10Leo Torrence, a New York Department of Sanitation, worker was required to possess a valid commercial driver's license. [read post]