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8 Jun 2016, 2:49 pm by Kevin LaCroix
  The Second Circuit’s Decision  Countrywide appealed the district court’s judgment, arguing that: (i) FIRREA does not permit claims against federally insured financial institutions on the theory that they engaged in fraud “affecting” themselves; (ii) the claimed predicate offenses of mail and wire fraud may not be based exclusively on a breach of contract; (iii) the district court erred in certain evidentiary rulings; and (iv) the district court erred in… [read post]
14 Jul 2008, 12:15 am
It's not a damning charge in and of itself, but it does speak of Bloom's myopia: good literature isn't good by any set of objective standards or genre-specific standard--it's what's good by Bloom's standards. [read post]
1 Nov 2011, 9:12 am by Peter Huang
As promised at the conclusion of my first post, this post concerns a riddle that Danny Kahneman posed about how our experiencing selves differ systematically from our remembering selves. [read post]
18 Jul 2018, 3:45 am by Hon. Richard G. Kopf
It does not support the conclusion for which it is cited. [read post]
14 Apr 2016, 4:59 pm by Kevin LaCroix
[iv]   In particular, Best Buy is significant because it holds that a defendant’s “front-end” showing is alone sufficient, at least on these facts, and that a defendant does not also have to make a “back-end” showing (i.e., whether the stock-price decline at the time of the alleged “corrective [read post]
1 Jun 2011, 4:51 am by Susan Brenner
[E]ven granting defendants a reasonable expectation of privacy in the website images of Jane Doe, by sharing the website access information with the anonymous caller, [they] took the risk that their right to privacy in the site's contents could be compromised. [read post]
26 Sep 2011, 3:46 am by Adam Wagner
The police can arrest any trespasser who does not leave. [read post]
22 Jan 2018, 4:18 pm by Kevin LaCroix
The Second Circuit’s opinion does not discuss that theory, even though the district court had invoked it to certify the class. [read post]
28 Jan 2015, 9:01 pm by Neil H. Buchanan
Where does such hostility come from? [read post]
2 Apr 2024, 12:56 pm by admin
Although we must prepare for confronting dodgy methods in front of jury, asking for scientific due process that intervenes and decides the methodological issues with well-reasoned, written opinions in advance of trial does not seem like too much. [read post]
5 Jan 2010, 10:56 am by Erin Miller
McCoy Issue: When a creditor increases the periodic rate on a credit card account in response to a cardholder default, pursuant to a default rate term that was disclosed in the contract governing the account, does Regulation Z, 12 C.F.R. [read post]
18 Jun 2020, 11:40 pm by Schachtman
But why does truth have to be the first casualty? [read post]
3 Feb 2023, 9:54 am by Chris Dreyer
She does a great job of making herself appear approachable and always looks professional in all of the photos on her feed, too. 7. [read post]
13 Mar 2016, 5:05 pm by INFORRM
They argue that the bill does not provide adequate safeguards for journalists and their sources from state surveillance. [read post]
19 Sep 2012, 5:24 am by Susan Brenner
 In the room were Walsh, Mitchell, and an employee unknown to R.S. named in the complaint as Jane Doe. . . . [read post]
8 Jun 2009, 10:30 am
So, brand yourself the way Coke does: define your service; define the client perception of your service; produce a consistent message; use constant reinforcement to, um, reinforce your message.Now, a brand does not pop out of thin air. [read post]
14 Aug 2023, 2:47 pm by Ryan Goodman
The apparently inadvertent posting of the docket entry does not appear to indicate any nefarious action. [read post]
10 Dec 2006, 5:10 pm
  Interestingly, Jane Axelrod, Associate Director for Policy in the Center for Drug Evaluation and Research, stated, "[W]e  really didn't have any inkling from the comments we received on the proposed rule what the implications of this were going to be so really we were not quite prepared for the controversy that began almost as soon as we published the regulations. [read post]