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The crucial point is that he believes that there is no reliable standard for proving it to an opponent.
The standard for proving environmental misdemeanors can be relatively low: merely negligent actions can lead to misdemeanor penalties under the Clean Water Act.
Legislation introduced last fall by Senator Tom Harkin of Iowa and Representative George Miller of California, both Democrats, would reverse the ruling, once again making the standard for proving age discrimination equivalent to the standard for proving discrimination on the basis of race, sex, religion and national origin.
A decision in the Salman case that raises the standard for proving insider trading beyond what the Justice Department deems acceptable could also push Congress to step in and define the law more broadly than it is now.
Even if the Justice Department does not get involved, the S.E.C. is likely to pursue a civil case against the source of Mr. DeCinces's information because the standard for proving a violation is much lower than that required for a criminal conviction: preponderance of the evidence versus beyond a reasonable doubt.
In the end, the frustration expressed over the lack of any prominent criminal prosecutions of bankers that captured the public's imagination like the case against Mr. Skilling may be less about the standard for proving a violation than finding proof to link executives to decisions that were clearly criminal.
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What are the standards for proving a genetic test is valid?
The new requirements would also dictate minimum standards for proving residency, legal status and identity.
"In my general experience, the SAT is using more appropriate standards for proving that you have a disability," says Matt Cohen, a special-education lawyer in Chicago.
It says its job has become more complicated in part because it added more than 940,000 veterans to the compensation rolls in the last four years and covers more conditions — like those linked to Agent Orange and gulf war illness — while easing standards for proving post-traumatic stress disorder.
However, some vaccine supporters, such as Paul Offit, argued that the standards for proving a vaccine had "caused" an adverse effect in the NVICP were far too low, and that the court might therefore find in favor of the Cedillos anyway.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com