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The Ethics of Fertility Preservation for Paediatric Cancer Patients: From Offer to Rebuttable Presumption

Bioethics, 2015
AbstractGiven advances in the science of fertility preservation and the link between fertility choices and wellbeing, it is time to reframe our ethical thinking around fertility preservation procedures for children and young people with cancer. The current framing of fertility preservation as a possible offer may no longer be universally appropriate ...
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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
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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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Creating a Rebuttable Presumption of Profiling in Cases of Alleged Profiling of Muslims and Other Minorities in Canada

Journal of Muslim Minority Affairs, 2016
This paper addresses the subject of profiling in the Canadian context both in the narrower and broader senses. It discusses the close connection between wider discretionary power and profiling; the need and justification of rebuttable presumptions and its constitutional basis and discusses possible ways to end profiling in line with the contextual ...
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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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‘Rebuttable Presumption’ to ‘Refutable Assumption’: An Assessment of Market Economy Treatment by the Indian Designated Authority from 1995 till 2018

2018
This chapter analyses the approaches adopted by India’s Anti-dumping Authority since 1995 in dealing with producers from China and other Non-Market Economies in anti-dumping investigations. It discusses the relevant Indian legislative framework and emphasizes on factors that have been considered for determining the market economy status of co-operating
Sanjay Notani   +2 more
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The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation

2012
The purpose of this chapter is to analyze a particular aspect of the so-called Dublin Regulation, whose aim is to determine the European Union (EU) Member State responsible for examining an asylum application, that is, the presumption that the EU Member States are “safe countries.” Although the notion of “safe country” is on the base of the Dublin ...
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