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" ... Should the FCC follow this path, Mr. Wheeler will hopefully recognize the oncoming battle between wireless and wireline Internet providers, which militates toward a slightly more concentrated wireless industry in exchange for more intense inter-modal broadband competition. ... "
" ... Some might suggest that this requirement isn't to be found in the plain text of § 708.620 and is thus more in the way of judicial fiat to provide a limit not intended by the California Assembly, while others might retort that such is implicit in the balancing of interests test of that statute. Probably the latter view carries the most gravity: If a debtor is a "dirty debtor" by hiding the ball as to assets or thwarting (actively or passively) the enforcement rights of creditors, that is something which should weigh particularly heavy in favor of a creditor with a court that is attempting to balance the interests of the creditor and the debtor for, at that point, the idea that the debtor will be actively seeking to maximize the creditor's recover goes right out the window. If the receiver is onerous or invasive of the debtor's rights well, too bad, the debtor brought it upon himself. Note that this also militates for a more rigorous analysis to be performed by the court in balancing the interests of the creditor and the debtor, while at the same time it requires that the creditor perform at least a minimum of discovery groundwork in able to make the requisite showing to the court that a "dirty debtor" is indeed present in the case. ... "
" ... The clear paper trail linking Nutter and Buchanan to Dabney along with Dabney's far more moderate record combined with the lack of any correspondence between Nutter and Buchanan and Kilpatrick in 1958 and 1959 militates against the thesis that Nutter and Buchanan--and Nutter was the paper's lead author--were secret Massive Resisters. Indeed, Kilpatrick wrote that he had not yet seen the "Buchnan study" (sic) as of April 6, 1959. Again, we think this militates against the thesis that Kilpatrick was coordinating any collaboration between the economists and the Massive Resisters. Finally, Nutter and Buchanan are conspicuously absent from the Massive Resistance-era diary of David J. Mays, a Virginia lawyer, author, and segregationist who had worked on behalf of the Massive Resisters. ... "
" ... The public interest standard here follows from the analysis above. There is a desperate need for energy to fuel the economy. There are serious risks that stopping this pipeline short of completion will force the shipment of crude oil by train and by truck, which are far more dangerous and far more difficult to control, and which could cause massive property damage or loss of life. There is the further risk that energy outages over large sections of the United States could inconvenience millions of individuals and thousands of businesses. The trade-offs in this case are easy. The hyperbolic and false claims that the SRST should never be allowed to support the award of the extraordinary remedy of a preliminary injunction when the weight of all the evidence militates strongly in favor of the completion of the Dakota Access Pipeline. ... "
" ... There has been much written about FDR's imposition of that first national minimum wage of 25 cents a day. The economic argument here is that some people are indeed willing to work for less than others. That could be for reasons of training, skill, something centered on the person. It could be societal as well - say, widespread discrimination against one or another group of society. As, I don't think any of us need reminding, most certainly was true for people of color at times in the nation's history. The imposition of a minimum wage then militates against the employment of that disfavoured group. If the minimum wage is set at, just as an example, the rate which a white labourer would be willing to work then it will be that white labourer who gets the job. For we've already postulated that there is discrimination in that society, or perhaps in this society at that time. The lure of cheaper labour might lead to an African American being employed but if there's no price difference then employers will preferentially employ the whites. ... "