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Presumption
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Presumption's different uses in these areas reveal not inconsiderable differences, but Rescher stresses that presumption is always a pragmatic, procedural strategy adopted for economic reasons in specific contexts. For one unfamiliar with Rescher's broad philosophical research, this text offers an introduction to his epistemological theory, logic and philosophy of science.
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The Sixth Amendment guarantees a criminal defendant the right to a trial by an impartial jury. A defendant's Sixth Amendment rights are threatened when a jury is exposed to extrajudicial information or engages in improper contacts with third parties. In Remmer v. United States, the Supreme Court held that when extrajudicial information or improper contacts threaten the Sixth Amendment guarantee, courts should presume the defendant suffered prejudice. Without explicitly overruling Remmer, two subsequent Supreme Court decisions suggested that the Remmer presumption of prejudice is not absolute. As a result of the Supreme Court's conflicting decisions, the federal courts of appeals have applied Remmer in significantly different ways. This Note asserts that courts should retain the Remmer p...
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Introduction. II. Background: Rebutting the Marital Presumption Prior to 2005. III. Introducing Article 191: A Mother's Paternity Action. A. Comparative Sources of a Similar Right: Foreign Civil Code Jurisdictions. B. Comparative Sources of a Similar Right: The Uniform Parentage Act. IV. Article by Article Commentary of a Mother's New Right. A. Article 191. B. Article 192. C. Article 193. D. Article 194. V. Assessing the New Law: Is it Good For the Child?. VI. Conclusion.
