Re: [ga] ICANN benefits
Saturday, April 07, 2001, 12:03:33 PM, Kent Crispin wrote:
> I view "burden of proof" as an objective matter of procedure, and
> largely independent of assumptions about "fundamental rights". The
> system is an arbitration system, for resolving disputes. The
> complainant must make a showing of (as I recall) that three basic
> conditions exist; the respondent will contest those. But an arbitrator
> could throw out a complainants case simply on the grounds that the
> complainant had not established that the three conditions exist.
Provided, of course, that they didn't have an incentive to rule for
plaintiffs built into the system.
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