In agreeing to the payout, the government did, for the first time, impose a greater evidentiary burden.
Since animals studies have greater evidentiary value for humans the greater the relevant similarities between the animals studied and human beings, this rule effectively makes those similarities including cognitive ones a basis for exposing nonhuman animals to, rather than protecting them from, harmful research (Walker and King 2011).
An empirically confirmed hypothesis A disconfirms a rival hypothesis B to the degree to which B is inconsistent with A. So if x confirms hypothesis A, y confirms hypothesis B, and if x carries a greater evidentiary weight than y, then A is confirmed and B is symmetrically disconfirmed» [ 24].
Even more complex is the evidentiary question of whether either approach is likely to produce greater security; or actually more likely to lead to the people's demise.
Section 3 relief is a much less reliable mechanism than the now invalidated Section 4. It allows much greater discretion on the part of the federal courts, requires a much higher evidentiary standard, and permits laws to become effective while decisions are pending, rather than before elections take place.
At a judicial conference in 2011, Chief Justice John G. Roberts Jr. said about law reviews that "the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th-century Bulgaria, or something, which I'm sure was of great interest to the academic that wrote it, but isn't of much help to the bar".
Now, Chief Justice John G. Roberts Jr. said at a judicial conference, "Pick up a copy of any law review that you see and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th-century Bulgaria, or something, which I'm sure was of great interest to the academic that wrote it, but isn't of much help to the bar".
Evidentiary standards vary.
Generational imperatives trumped evidentiary ones.
The view has some evidentiary support.
