Word: proofing
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Dates: during 1980-1989
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According to the court's ruling, the legal burden of proof shifts to Price Waterhouse. The firm must establish that it would have rejected Hopkins' partnership bid based on purely nondiscriminatory factors. "At this point," noted Justice Sandra Day O'Connor, "the employer may be required to convince the fact finder that, despite the smoke, there is no fire." The court's decision to shift the burden to the employer should make it easier for many employees to win Title VII cases, which also bar job discrimination on the basis of race, religion and national origin...
...women," said Marcia Greenberger, managing attorney of the National Women's Law Center in Washington. "This will make a real difference to women who are trying to rise to the top of their professions." A contrary ruling, said some scholars, would have meant an almost insurmountable burden of proof for many plaintiffs in employment cases...
...Price Waterhouse also had reason to celebrate. The court found that the firm had earlier been held to too high a standard of proof in rebutting Hopkins' claims. Thus, when the case is reheard in a lower federal court, Price Waterhouse's task will be somewhat less onerous. Instead of having to present "clear and convincing evidence" that it declined to promote Hopkins for nondiscriminatory reasons, the firm will only be required to back that claim with a "preponderance" of evidence -- a less rigorous standard...
None of the criticisms leveled at Pons and Fleischmann mean that they are necessarily wrong. But the burden of proof remains on them. So far, they have failed to demonstrate convincingly that they have indeed produced a new sort of fusion. And if the two chemists cannot think of any way to explain the excess heat in their experiment without resorting to nuclear reactions, others can. Chemist Linus Pauling, a Nobel laureate and himself something of an iconoclast, thinks that when absorbing high concentrations of deuterium, the palladium lattice may become unstable and deteriorate, releasing heat...
...plenum was the first major meeting since the March elections for the new Congress of People's Deputies, which holds its inaugural session on May 25. The strong showing by reformist candidates gave Gorbachev the proof he needed to persuade skeptical party functionaries that the solution to the country's economic woes lies in accelerating reforms, not braking them. "The elections unequivocally said yes to perestroika," Gorbachev told the plenum. Added he: "We should have enough courage and ability to pursue consistently the line we have marked out under difficult conditions...