The presumptions stated in this section shall not apply to the extent the excess of estimated over actual residual value is due to physical damage to the property beyond reasonable wear and use, or to excessive use, and the lease may set standards for such wear and use if such standards are not unreasonable.
AcuffRose expressly rejected such a "hard evidentiary presumption" and stated that the Court of Appeals "erred" by giving such dispositive weight to the commercial nature of the use.
In fact, the Association of Colleges was delighted that the Local Government Association and the Association of Directors of Children's Services stated recently that the presumption "can distort local decision-making, building in excess local capacity in a way which can damage the whole of the local provider network".
A joint statement issued earlier in the day by the Treasury Department, Federal Reserve and other banking regulators similarly stated that "the strong presumption" of a new plan is that keeping the biggest banks afloat means that "banks should remain in private hands".
Even former Treasury Secretary Larry Summers, another NAFTA promoter, stated that "A reflexive presumption in favor of free trade should not be used to justify further agreements".
Does the fact that Justice Kennedy refused to join the part of Justice Scalia's opinion stating that the presumption against preemption doesn't apply to Election Clause cases say anything on how he will apply his swing vote to the other major voting rights case in Shelby County v. Holder?
Dagnino and Padula (2002) stated that there is the presumption of inter-dependence among the members of a network having the purpose of implementing co-opetition strategies, as this is a source for creating and distributing value.
This presumption is first stated on page 8. Quote: 'The abundance of proteins with the greatest similarity to homologs from Proteobacteria is compatible with the dominance of the bacterial phylum among methylotrophs'.
"At least two of them are stated in a series of presumptions are either misleading or have a series of presumptions on fact," said Gerry Cohen, who served as legislative counsel to the North Carolina legislature for nearly four decades.
There's no right to an attorney and, in most states, no presumption of innocence.
