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" ... During good times, times when we’re less likely to be looking to sell, the model does not have a meaningful impact. But in down times, it shows the potential to make our lives a lot easier. Past results are never dispositive of future outcomes, but when playing probabilities, the only thing we can ever really do, it seems reasonable to jettison stocks like these (high quality value stocks that have started to experience deterioration in quality) when we’re nervous about the market. The test suggests a low probability of punishment if our caution is misplaced, but a high probability of big reward if we were right to feel antsy. ... "
" ... No single factor would be dispositive under the DOL’s proposed four-factor balancing test. ... "
" ... The panel’s third member, Judge N. Randy Smith, strongly disagreed with his colleagues’ conclusion that lack of next-friend standing did not dispose of Naruto’s suit. In his partial dissent, he stressed that the plaintiffs’ lawyer in Cetacean did not claim next-friend standing, and the Ninth Circuit did not address it in the ruling. Judge Smith also cited numerous Ninth Circuit decisions that found a lack of next-friend standing as dispositive. He chided the majority opinion for relying upon Cetacean's “implied holding” as support for Naruto’s claim of injury. ... "
" ... The plurality also looked to the description of the law, which refers to “records in Federal investigations and bankruptcy.” While that's not dispositive, the plurality and Alito agreed it is an important indicator of Congressional intent. ... "
" ... While far from dispositive, given the narrow margin that Democrats currently have in the House and Senate, they need to use every opportunity to connect with voters and reinforce their accomplishments on behalf of Americans. Stimulus checks, or at least their confirmation letters, should be a meaningful lever in a multi-prong approach for President Biden and his administration. ... "