The Burdens of Proof

This book explores contemporary thinking on the evidential requirements that are critical for practical decision-making.

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Author: Dale A. Nance

Publisher: Cambridge University Press

ISBN: 9781107124189

Category: Law

Page: 332

View: 397

This book explores contemporary thinking on the evidential requirements that are critical for practical decision-making.

The Burden of Proof

In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life.

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Author: Scott Turow

Publisher: Farrar, Straus and Giroux

ISBN: 9781429957755

Category: Fiction

Page: 640

View: 170

In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.

Burdens of Proof

In Burdens of Proof, Jean-François Blanchette examines the challenge of defining a new evidentiary framework for electronic documents, focusing on the design of a digital equivalent to handwritten signatures.

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Author: Jean-Francois Blanchette

Publisher: MIT Press

ISBN: 9780262300803

Category: Computers

Page: 288

View: 241

An examination of the challenges of establishing the authenticity of electronic documents—in particular the design of a cryptographic equivalent to handwritten signatures. The gradual disappearance of paper and its familiar evidential qualities affects almost every dimension of contemporary life. From health records to ballots, almost all documents are now digitized at some point of their life cycle, easily copied, altered, and distributed. In Burdens of Proof, Jean-François Blanchette examines the challenge of defining a new evidentiary framework for electronic documents, focusing on the design of a digital equivalent to handwritten signatures. From the blackboards of mathematicians to the halls of legislative assemblies, Blanchette traces the path of such an equivalent: digital signatures based on the mathematics of public-key cryptography. In the mid-1990s, cryptographic signatures formed the centerpiece of a worldwide wave of legal reform and of an ambitious cryptographic research agenda that sought to build privacy, anonymity, and accountability into the very infrastructure of the Internet. Yet markets for cryptographic products collapsed in the aftermath of the dot-com boom and bust along with cryptography's social projects. Blanchette describes the trials of French bureaucracies as they wrestled with the application of electronic signatures to real estate contracts, birth certificates, and land titles, and tracks the convoluted paths through which electronic documents acquire moral authority. These paths suggest that the material world need not merely succumb to the virtual but, rather, can usefully inspire it. Indeed, Blanchette argues, in renewing their engagement with the material world, cryptographers might also find the key to broader acceptance of their design goals.

Burdens of Proof

Egan concludes the volume with an examination of how historiography and law failed to support the identities of European Jews during World War II, creating sufficient instability in Jewish identity and doubt about Jewish wartime experience ...

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Author: Susanna Egan

Publisher: Wilfrid Laurier Univ. Press

ISBN: 9781554583508

Category: Biography & Autobiography

Page: 210

View: 384

Autobiographical impostures, once they come to light, appear to us as outrageous, scandalous. They confuse lived and textual identity (the person in the world and the character in the text) and call into question what we believe, what we doubt, and how we receive information. In the process, they tell us a lot about cultural norms and anxieties. Burdens of Proof: Faith, Doubt, and Identity in Autobiography examines a broad range of impostures in the United States, Canada, and Europe, and asks about each one: Why this particular imposture? Why here and now? Susanna Egan’s historical survey of texts from early Christendom to the nineteenth century provides an understanding of the author in relation to the text and shows how plagiarism and other false claims have not always been regarded as the frauds we consider them today. She then explores the role of the media in the creation of much contemporary imposture, examining in particular the cases of Jumana Hanna, Norma Khouri, and James Frey. The book also addresses ethnic imposture, deliberate fictions, plagiarism, and ghostwriting, all of which raise moral, legal, historical, and cultural issues. Egan concludes the volume with an examination of how historiography and law failed to support the identities of European Jews during World War II, creating sufficient instability in Jewish identity and doubt about Jewish wartime experience that the impostor could step in. This textual erasure of the Jews of Europe and the refashioning of their experiences in fraudulent texts are examples of imposture as an outcrop of extreme identity crisis. The first to examine these issues in North America and Europe, Burdens of Proof will be of interest to scholars of life writing and cultural studies.

The Burden of Proof

The classic legal thriller from the master of the genre

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Author: Scott Turow

Publisher: Pan

ISBN: 1447245067

Category:

Page: 400

View: 179

One afternoon in late March, Sandy Stern, the brilliant, quixotic defence lawyer in Presumed Innocent, returns home to find his wife Clara dead in the garage. They have been married for thirty-one years. Her suicide note leaves him just four words - 'Can you forgive me?' But on the 6th March Clara had expected to live . . .

Burden of Proof Using Known Concepts to Reveal Eternal Truths

Where is the proof? Why believe in something if there is no evidence? Also, why believe in something when there is evidence that runs contrary to a particular belief? This is basic logic and a reason why most deny a deity.

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Author: Brandon Russell

Publisher: Lulu.com

ISBN: 9781365487422

Category:

Page:

View: 421

Burden of Proof

In John G. Hemry's terrific military science fiction series, a young officer risks everything in his fight for justice .

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Author: John G. Hemry

Publisher: Penguin

ISBN: 9781101650790

Category: Fiction

Page: 304

View: 133

In John G. Hemry's terrific military science fiction series, a young officer risks everything in his fight for justice . . . Lieutenant Junior Grade Paul Sinclair must adjust to his new position on the warship USS Michaelson--juggling his Legal Officer responsibilities and his personal life, as his relationship with girlfriend Jen Shen intensifies. When an explosion takes out most of Forward Engineering, Sinclair leads the effort to extinguish the fire. He's practically a hero. But when Captain Shen, Jen’s father, is brought in to conduct an investigation, it seems that he’s gunning for his daughter’s suitor. Soon Sinclair uncovers evidence that points to a cover-up—involving a rising star in the officer corps. His evidence is circumstantial, and the suspect is the son of a powerful vice admiral. Sinclair is determined to see justice done, but is he willing to risk his name, his career, and his future among the stars?

The Burden of Proof

Arriving home from a trip to find that his wife has committed suicide, Alejandro "Sandy" Stern begins an anguished search to find out why

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Author: Scott Turow

Publisher: Macmillan Reference USA

ISBN: 0816151253

Category: Fiction

Page: 690

View: 119

Arriving home from a trip to find that his wife has committed suicide, Alejandro "Sandy" Stern begins an anguished search to find out why

The Burden of Proof in Comparative and International Human Rights Law

A Related Subject : The Weight of the 361 Burden of Persuasion 1. Burdens of Proof , Degrees of Belief The weight , measure , or degree of persuasion ...

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Author: Juliane Kokott

Publisher: Martinus Nijhoff Publishers

ISBN: 9041105700

Category: Political Science

Page: 291

View: 769

Aa) A Civil Law Rule?.

The Burden of Proof

"This book's mission is to demystify the theory and workings of the burden of proof in civil trials"--

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Author: Philip M. Halpern

Publisher:

ISBN: 164105669X

Category: Burden of proof

Page:

View: 418

"This book's mission is to demystify the theory and workings of the burden of proof in civil trials"--

Burdens of Proof in Modern Discourse

The Burden of Proof in American Law 21 Burdens of proof in the legal system resist any simple description . Most legal theorists approach them formally as a ...

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Author: Richard H. Gaskins

Publisher: Yale University Press

ISBN: 0300063067

Category: Law

Page: 362

View: 333

Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.

The Burden of Proof

Provisos, 64 Provocation, 46 Recklessness, 34 Self-defence, 48 Shifting balance, 21 Standards of proof, 14 Strict liability, 36 EMPLOYMENT LAW Employment ...

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Author: Albert Kenneth Roland Kiralfy

Publisher: Butterworths

ISBN: IND:39000007907483

Category: Burden of proof

Page: 251

View: 871

Presumptions and Burdens of Proof

The “Burden of Proof” as a Procedural Concept Argumentative discourse can only be critically evaluated in a theoretically justified way if the discourse has ...

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Author: Hans Vilhelm Hansen

Publisher: Rhetoric, Law, and the Humanit

ISBN: 9780817320171

Category: Language Arts & Disciplines

Page: 320

View: 431

An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.

Trade Health and the Burden of Proof in WTO Law

This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade ...

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Author: Joachim Ahman

Publisher: Kluwer Law International B.V.

ISBN: 9789041142917

Category: Law

Page: 352

View: 997

Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that--"hidden protectionism" some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavor different interests; the problems that may occur when risk-related facts have to be proved;how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far. No other source offers such a comprehensive analysis of WTO provisions applicable to health protection measures. This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade liberalization.

The Burden of Proof

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Author: Teodoro A. Agoncillo

Publisher:

ISBN: UOM:39015014447257

Category: Philippines

Page: 462

View: 794

The Burden of Proof

“I shall complain to the prosecutor bitterly about the burdens of production. ... eager to prove themselves as tough as theirmale counterparts, ...

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Author: Scott Turow

Publisher: Pan Macmillan

ISBN: 9781447245070

Category: Fiction

Page: 320

View: 404

Full of suspicion and half truths, The Burden of Proof is Scott Turow's second Kindle County legal thriller. One afternoon in late March, Sandy Stern, the brilliant, quixotic defence lawyer in Presumed Innocent, returns home to find his wife Clara dead in the garage. They have been married for thirty-one years. Her suicide note leaves him just four words – 'Can you forgive me?' But on the 6th March Clara had expected to live . . .

Burden of Proof

The text describes the theories and practices associated with NPDA style parliamentary debate, and provides an overview of the basics of Â"parliÂ" debate.

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Author: Mark Crossman

Publisher: Custom Pub

ISBN: 0759363919

Category: Performing Arts

Page: 225

View: 784

Mark Crossman's text introduces students to argumentation theories associated with testing arguments and reasoning, and encourages the use of these tests of arguments during debating. The text describes the theories and practices associated with NPDA style parliamentary debate, and provides an overview of the basics of Â"parliÂ" debate. Burden of Proof includes chapters focusing on the following areas: the stock issues associated with arguing propositions of fact, value, and policy; refutation and the strategic considerations pertaining to the duties of the various speakers in a debate; and hints for overcoming anxiety to optimize effective delivery. The text also provides an overview of forensics (competitive speaking) and describes each of the major competitive events and tournament procedures. Written for students in Argumentation and Debate, Burden of Proof could also be used in any course featuring forensics.