Introduction II. Background A. Pre-CAFA Jurisdictional Problems B. An Explanation of the Focal Provisions of This Comment 1. The "Home State" Exception 2. The "Local Controversy" Exception 3. The "State Action Case" Exception C. Problems with the Exceptions to Federal Jurisdiction As Enumerated in 28 U.S.C. § 1332(d) 1. Illustration of the Problems with the "Home State" Exception and "State Action Case" Exception 2. Illustration of the Problems with the "Local Controversy" Exception III. Statutory Interpretation Analysis A. Analysis of the Text in 28 U.S.C. § 1332(d) 1. The Text Itself 2. The Surrounding Text-A Focus on the Differences Between "Primary Defendants" and "Significant Defendants" As Utilized in CAFA B. Legislative Intent C. "Primary Defendant" by Drawing ...
... Part IV proposes a series of possible definitions for "primary defendant" as derived from other area...
...The Justices who vote against affirmative action and other race-conscious civil rights policies are... question, it cannot be by appeal to a definition of a racial classification enunciated by the Supre...
... ruling on the inadequacy of the class definition was premature. . B. Is this case a mass action und...
..., as isbeing done in connection with this case, at the time the opinion is issued.The syllabus co... a proof of claim for the defamation action, meaningthat he sought to recover damages for it f... the matter both "meets Congress' definition of a coreproceeding and arises under or arises...
According to the consensus established by the secondary literature, Foucault's early and middle work culminates in a kind of totalizing theoretical cage (of which "discipline" is the highest manifestation) that in turn constituted a kind of crisis or dead-end for Foucault's thinking by the mid1 970s __ Foucault's late work performs a 1 80-degree turn away from the (too- totalizing and demoralizing) "power" discourse of the early and mid1 970s and culminated in a renewed appreciation of the Enlightenment subject, the ethical arts of the self, and resistance to normalized totalization through individual action.3 What is especially notable about this thesis is that it cleaves Foucault's corpus in two, definitively separating the parts as having opposing interests and formulations. In work...
..., Foucault cannot make good his normative case against humanism. He cannot answer the question, W... effective power relations, almost by definition, conceal their weaknesses and often require concer...
The term 'neoliberalism' has since around 1980 become a quite widely used exhortation in some political and academic debates. Prolific employment of a term does not signify, however, that it is clearly defined. In this article it is suggested that while the concept itself has become an imprecise buzzword in much of the literature, it might still be given a more precise definition. If this is done, then the term could become a useful analytical device in order to describe some recent trends in economic thought and political theory, even if it would be an obvious overstatement to say that we live in a neoliberal age or a neoliberal world.
...This has especially been the case among authors who use the concept pejoratively, an... advocated quite extensive freedom of action in the economic sphere, also acknowledge the valid...
..., or defines, and is in each and every case prior to, both "conflict" (namely, the everyday, i.... Disciplinarian by definition, civil peace that forms, or secures, state authori... notes that, when "transformed into action," this disposition is called the ordinary war, "wa...
..., we have learned of several enforcement actions the SEC has taken against fraudulent actors. On Fe... These high-profile cases aside, we know the SEC also does other lower-profi... to exempt offerings, revisions to the definition of a credited investor and disqualification of off...
... In the fourth section, we introduce our case study and experimental design. As a demonstration ... in ontological classifications and definitions, as with the testing of qualitative formalisms in ... features that symbolize the cause of action or source of disaster, (2) Natural Events which in...
... decide four more important class action cases in the October 2010 term. (4) . Because Redish's c...(5) Under his definition of democratic accountability and separation of pow...
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