presumption doctrine provides that "irrebuttable
presumptions are violative of due process where the presumption is deemed not universally true and a reasonable alternative means of ascertaining that presumed facts are available.
As it happens, Douglas did not follow Brennan's advice and stuck with the presumptions approach in Murry, albeit in watered down form, highlighting the possibility for erroneous applications (for instance, that the tax dependency determination was made a year prior to the food stamp eligibility determination) and weakly claiming at the end of the opinion that the distinction "rests on an irrebuttable
presumption often contrary to fact.
One might think that, if the domicile/residence ground for jurisdiction were irrebuttable
, it would not be included on a "presumptive" and "rebuttable" connecting factors list.
When these results are coupled with the irrebuttable
timing presumption of the funding rule such that a distribution in excess of E&P either in the thirty-six months before a distribution or the thirty-six months after would automatically recast the debt issued as stock in the amount of the distribution, the rule becomes extremely broad.
Guidelines, the EC Guidelines place considerable emphasis on the relevant markets' postmerger HHIs and the merger-generated increase in those markets' HHIs, although they do not contain any HHI-focused irrebuttable
presumption of legality and state that, more generally, the EC will use estimates of the relevant post-merger HHI figures and merger-generated increase-in-HHI figures solely as "initial indicators.
In essence, though, it functioned as a least-restrictive-means test that combined elements of substantive due process and equal protection; it prohibited the state from depriving individuals of important interests on the basis of classifications that entailed an irrebuttable
presumption if more tailored procedures were reasonably available.
161) the Supreme Court effectively created an irrebuttable
Wigmore, A Students' Textbook of the Law of Evidence 454 (1935) ("Conclusive presumptions, sometimes called irrebuttable
presumptions of law, are really rules of law.
presumption that the defendant's actions were
157) The "duty to read" doctrine creates a virtually irrebuttable
presumption that a person is fully aware of the contents of any writing that he or she has signed.
Another RAND idea would be to legally establish an irrebuttable
presumption of owner control over the autonomous vehicle.
But as the court noted, every investor may be said to rely on market price in this sense, thus making the presumption irrebuttable