Mr. Barnett is professor of legal theory at Georgetown Law School and the author of "Restoring the Lost Constitution: ThePresumptionof Liberty" (Princeton University, 2005).
McArdle had argued that old case law from the 1800s, with a presumptionof owner negligence from a wandering horse or cow, had never been overruled though courts more recently had applied the other standard.
Here, I think Mr. Horowitz again begins with a presumption that lawof armed conflict awareness is not part ofthe military ethos because it is not comprehensively addressed in this ATTP.
Apparently the constitutional presumptionof innocence applies to everybody but Roger, even after he proved his innocence in a court oflaw, the one place where there are rules against unfounded speculation and guilt by association.
The contrast is that FAPTs do not require favorable choice-of-law rulings to function as intended, since a presumption behind those trusts is that the foreign jurisdiction where the trustee is based is not going to honor U.S. law or court rulings anyway.