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Mr. Bush adopted this reasoning, with severe restrictions.
Recently, a federal judge adopted this reasoning in a ruling.
Because of the narrow focus on the specific facts of the California case, if the supreme court were to adopt the reasoning of the ninth circuit, the national implications of the ruling would be unclear.
Companies not incorporated in Delaware may have particular incentive to take a wait-and-see approach to see whether courts in other states adopt the reasoning employed in the Investors Bancorp decision.
Allies of Judge Sotomayor, who was the junior judge on the panel of the United States Court of Appeals for the Second Circuit, correctly point out that the Second Circuit often decides even significant cases with summary orders that adopt the reasoning of the lower court.
NHCD urges the court to adopt the reasoning of Seidl v. Greentree Mortgage Co., 30 F.Supp.2D.Colo.1998olo.1998), in which the court found, applying Colorado law, that a contract e-mailer was an independent contractor, rather than an agent of the e-mailer's customer.
Since then, the U.S. Department of Justice has called on federal courts to adopt the reasoning in the Jones case, but cities often sidestep the issue by enacting bans that cover only specific times of day or locations, said Jeffrey Selbin, director of the Berkeley clinic.
The Court at one point intimates, but does not expressly declare, that it adopts the reasoning of the dissent of THE CHIEF JUSTICE in Perez.
And by taking this position that only quid pro quo equals corruption, Clinton supporters are essentially adopting the reasoning of the Roberts court that they claim to abhor – that unless there is direct evidence of overtly trading money for votes, corruption doesn't exist.
Like Tetraphase Pharmaceuticals, many courts have adopted the reasoning of Rule 10b5-1 and have held, particularly at the motion to dismiss stage, that no inference of scienter should be drawn from insider sales of stock made pursuant to legitimate 10b5-1 trading plans entered into prior to the alleged class period.
Marcus, in reply, first directs his attack against divination in general and adopts the reasoning of Carneades.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com