We reproduce here a recent exchange between Hathaway and Macklin on the significance and ramifications of the notion of a presumption that states can and will protect their citizens.
That presumption explains why the burden is on a refugee claimant to make out (on a standard of reasonable chance/serious risk) the elements of his/her claim (well-founded fear of persecution on enumerated grounds).
For farmers and landowners in particular, it is useful to know about the age-old legal presumption of the Hedge and Ditch Rule.
The Hedge and Ditch Rule works on the presumption that, when the physical boundary of a property consists of a ditch alongside a hedge, the land upon which both the hedge and the ditch are located belong to the landowner where the hedge is growing.
Cooke rightly suggests that libertarians are sometimes irresponsible in failing to see that social life necessarily privileges the status quo to some degree; responsibility demands that one strike some balance between the presumption of liberty and the presumption of status quo.
At that time, since the reforms sought were mostly reductions in liberty, the presumption of liberty and the presumption of the status quo stood shoulder by shoulder against surging statism.
shifts the burden to the defendant, rebuttable presumptions are
rebuttable presumptions (39) with the effect that basic facts sufficient
075 did not create the presumption of a gift when personal property was titled in joint names.
13) If this occurs, does a gift presumption apply, and is the heightened burden of proof under F.
This Article argues that a better approach determines extraterritoriality in light of the purposes for the presumption against extraterritoriality: specifically whether applying the statute to the situation before the court will trigger international relations concerns.
The United States Supreme Court resolved significant cases by invoking the presumption against extraterritoriality twice in the last four years.