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John C. Coffee, a Columbia Law School professor, said it was very unlikely that the Justice Department would pursue criminal charges against AOL or its executives, which would require proving the intention to deceive in a largely gray area of accounting.
To do so, they said, would require proving that the oil companies, the Kazakh officials and Mr. Giffen all knew and had agreed that the payments were bribes tied to winning oil concessions -- a difficult evidentiary hurdle.
Charging a driver who is not under the influence of alcohol or drugs with vehicular manslaughter would require proving that he was reckless, "a fairly high standard" under the law, "which is going to involve probably speed and some other factor," said Marc C. Gann, a defense lawyer and former Nassau County prosecutor who has handled numerous vehicular crime cases.
Other objective functions are not considered here, as such a study would require proving that a potential objective function is discerning.
This would require proving that either the alternative strategy does not lead to loss of Quality Adjusted LifeYears (QALY) but saves costs (dominant strategy), or that the ratio of saved costs and loss of QALY is favourable.
The authors of the current communication cannot understand how such a claim can be made or proven, since demonstrating the completeness of a search strategy would require proving that there are no relevant manuscripts that it does not identify.
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The Supreme Court could decide the case by simply reiterating its position in the decision on the Dirks case about gifts between family members, which would not require proving anything of monetary value passed between the tipper and tippee.
Demonstrating this formally would, however, require proving separation results for complexity classes which are currently unresolved.
Securing the first-degree murder conviction they were seeking would have required proving that Rankin acted with premeditation.
If the case proceeded to trial, the defense could argue that the information that Mr. Brownstein received at this point was too vague to meet the standard of materiality, which requires proving information would be important to a reasonable investor.
The court's recent decision in Matrixx Initiatives v. Siracusano, No. 09-1156, confitsed its longstanding position that materiality requires proving information would have "significantly altered the 'total mix' of information available" in the marketplace.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com