Results 191 to 200 of about 380 (223)
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How accurate are rebuttable presumptions of pretrial dangerousness? A natural experiment from New Mexico

Journal of Empirical Legal Studies, 2022
AbstractIn New Mexico and many other jurisdictions, judges may detain defendants pretrial if the prosecutor proves, through clear and convincing evidence, that releasing them would pose a danger to the public. However, some policymakers argue that certain classes of defendants should have a “rebuttable presumption” of dangerousness, shifting the burden
Cristopher Moore   +2 more
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The Severability Regime and Its Customary Elements: A Presumption Rebuttable ‘at Any Time’

Nordic Journal of International Law, 2018
This article examines guideline 4.5.3 of the International Law Commission’s (ILC) Guide to Practice on Reservations to Treaties. The guideline establishes a presumption for severability of invalid reservations, which can be overturned by the author ‘at any time’. The present article maps out and makes an overall assessment of some of the major concerns
openaire   +1 more source

Deoxyribonucleic acid test results in both paternity cases and assisted reproductions: rebuttals of the presumption of legitimacy under Section 165 of the “Nigerian Evidence Act”, 2011?

Caleb International Journal of Development Studies, 2023
Section 165 of the Nigerian Evidence Act, 2011, presumes the legitimacy of a child given birth to during the existence of a valid marriage between the mother of such a child and any man, or within 280 days after the dissolution of any such marriage - if the mother remains unmarried after the dissolution of the marriage.
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Naughty or bad? The role of expert evidence in rebuttal of thedoli incapaxpresumption

Psychiatry, Psychology and Law, 2000
An attempt to rebut the doli incapax presumption (that a child between 10 and 14 years is incapable of forming criminal intent) requires the court to consider the child defendant's understanding of the wrongfulness of his behaviour. At present there is no direct method of examining that understanding.
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TBOR2 compliance plans: from rebuttable presumption to enforcement.

Journal of health law, 2002
This Article analyzes the implications and strategies of incorporating the Taxpayer Bill of Rights 2 ("TBOR2") into tax-exempt healthcare organizations' compliance plans. Beginning with a brief overview of TBOR2, the author examines the presumption of fair market value, how such organizations establish safe harbors, the current Internal Revenue Service
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The risk for shareholders of the company in case of rebuttable presumption of death occurred in Latvia

2021
This work was carried out to identify such an unlikely risk for companies as rebutted presumption of death in Latvia. Unfortunately, the law of this country is too young to face such cases in practice, for which an analysis was conducted with a law that is much older than the Latvian law, namely, English law. Moreover, a brief analysis of the two legal
openaire   +1 more source

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