Re: [gnso-sti] URS Strawman Proposal 111109.xls
- To: Kurt Pritz <kurt.pritz@xxxxxxxxx>
- Subject: Re: [gnso-sti] URS Strawman Proposal 111109.xls
- From: Wendy Seltzer <wendy@xxxxxxxxxxx>
- Date: Tue, 17 Nov 2009 09:51:55 -0500
One quick response:
> No genuine issue of material fact -- similar to Rule 56 of U.S. Fed. Rule of
> Civil Procedure.
> Staff comment: this is workable, we think the clear and convincing standard
> is better. The strawman burden seems equivalent to the summary judgment
> burden – which can be defeated by essentially any evidence, where the clear
> and convincing burden, while high, enables some balancing on the part of the
I think a high burden and clear standard, leaving the examiners little
discretion, are critical to keeping a rapid and inexpensive URS fair.
Hence I'd argue that "any evidence defeats a complaint" is appropriate.
On a showing of any contestable issue, the matter should be kicked over
Kurt Pritz wrote:
> David, John and team:
> I hope you find the attached staff comments on the URS Strawman useful and
> not intrusive. We will be available to answer questions on the call.
> On 11/11/09 8:00 AM, "Jonathon Nevett" <jnevett@xxxxxxxxxxxxxxxxxxxx> wrote:
> STI Team:
> Attached is an attempt at a strawman proposal on the key URS issues raised at
> our meetings. Not everyone will agree with every tenet of the compromise,
> but it is an attempt to do just that . . . reach a compromise. In some
> instances, principles are proposed, but details are left to staff to
> implement. This is appropriate for a number of reasons, not the least of
> which is our timing.
> Thanks to Zahid and Kathy and the others who paved the way with the consensus
> document. Also, thanks to Margie who -- per yesterday's conversation --
> helped prepare parts of the chart.
> Finally, I offer this up neither as a representative of the Registrar
> Stakeholder Group nor of Network Solutions.
> I very much look forward to continuing the discussions with the team on these
> issues. I hope that we can reach consensus and improve upon the ICANN
Wendy Seltzer -- wendy@xxxxxxxxxxx
Fellow, Silicon Flatirons Center at University of Colorado Law School
Fellow, Berkman Center for Internet & Society at Harvard University