Pa. Senate approves open records bill Nov 29, 2007
In disputes with the state s executive branch and local government agencies over access to a record, both bills also give a leg up to a person requesting the record by shifting the burden of proof off the person and onto the government agency. Open-records advocates say the new House bill is stronger, particularly when it comes to legislative records. (Carlisle Sentinel, PA)
Leader: Spanish lessons for Britain Nov 1, 2007
Spanish lawmakers are also looking at new laws on control of explosives and at shifting the burden of proof in some terror cases. No one should suppose that Spain's system is perfect. (Guardian Unlimited)
* Chief Justice Puno mulling wider powers for judiciary Aug 7, 2007
The summit recommended shifting the burden of proof on to the state in cases of political violence where the government refused to provide vital evidence and also called for a revival of peace talks with the communist New People's Army (NPA). Under the 1987 Constitution, the Supreme Court can expand its authority to protect the constitutional rights of citizens. (Taipei Times, Taiwan -- Business)
The Most Important Political Trick In The Book Jul 25, 2007
Longcrier's question is symptomatic of a broader strategy implemented by proponents of "progressive" values: shifting the burden of proof ... But by shifting the burden of proof to proponents of traditional moral values, same-sex advocates like Longcrier avoid having to make an affirmative case for tearing away tradition ... Longcrier's question is symptomatic of a broader strategy implemented by proponents of "progressive" values: shifting the burden of proof. (Townhall.com)
Medical marijuana violation arrests soar in Siskiyou Jun 21, 2007
They are shifting the burden of proof to the defendant. -- Grand juries vs. preliminary hearings. (Mount Shasta News, CA)
McSlarrow Calls for FCC Reform May 17, 2007
Shifting the burden of proof might sound like a very radical step, but I think it is a necessary step. . (MediaWeek.com)
Man claims county has his Escalade, cash illegally Feb 7, 2007
A contested civil forfeiture hearing to decide the case began Tuesday in Missoula District Court, where Branam and his attorney, Martin Judnich, earned some slack by shifting the burden of proof back into the hands of county prosecutors. According to Judnich, his client was unfairly stripped of his property and of his rights when the county declared ownership over the cash, car and weapon, but never charged him with any drug-related offense. (Missoulian, MT)
Crackdown on therapists who abuse vulnerable Jan 28, 2007
It is also expected to recommend shifting the burden of proof, although ministers will say that in cases where a doctor faces the removal of his livelihood the evidence must be more robust. A Department of Health spokesman said the plans were not yet fully finalised, but added: 'We are committed to a system of professional regulation that ensures patient safety and is fair to professionals. (Guardian Unlimited)
Dangerous policy Jan 19, 2007
Louis Lazaro, an attorney for a Bradenton man challenging use of the waivers, pointed out in a court hearing this week that the policy is shifting the burden of proof to the individuals questioned by police. These individuals, some of whom are never even charged with a crime, face three choices: (1) Try to prove on the spot to an officer that the money or property in question is legally theirs, (2) sign the waiver, or (3) face a court fight to keep what's theirs. (Herald-Tribune)
