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The record does not fairly support the statement that the District Court found a waiver simply in the act of taking the stand.
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The sole discussion of § 2254 d) by the Court of Appeals for the Second Circuit in Taylor was its conclusory statement: "The County Court's finding that there was no factual basis for the claim of perjury is not fairly supported by the record, and therefore is not entitled to deference.
Obviously, if the Court of Appeals in this case or any other court of appeals had simply inserted a boilerplate paragraph in its opinion that it had considered the state record as a whole and concluded that the state appellate court's factual determinations were not fairly supported by the record, this objection to the judgment of the Court of Appeals could not as easily be made.
In view of the paucity of evidence of the absence of bias and the severity of the danger of bias, the District Court properly concluded that the state court's finding "beyond a reasonable doubt" that no bias existed is not fairly supported by the record.
To ensure that this mandate of Congress is enforced, a federal habeas court should include in its opinion granting the writ the reasoning which led it to conclude that any of the first seven factors were present, or the reasoning which led it to conclude that the state finding was "not fairly supported by the record". Pp. 550-552.
(very much supported, fairly supported, not supported).
The results of exploratory factor analyses fairly supported the four-factor framework with Iranian students; however, confirmatory factor analysis was not fit with the model.
The results, Tagler added, support the view that "a one-size-fits-all embargo period for scholarly works will not fairly address disparities in journal usage".
Not fairly.
That does not fairly describe my work.
"Under the table, greasy, not fairly done".
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com