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" ... A key problem here is that the full moon is only something that exists on Earth; it’s a perspective thing, based on the position of the Sun, Moon and Earth, and the angle and reach of sunlight across the tripartite system. From a viewpoint in outer space, the full moon wouldn’t really be present in the same way, so perhaps potential werewolves in space would never be affected. Or, alternatively, if they can always see one entire hemisphere of the Moon all lit up, including the far side from a certain angle, then they will constantly be going from human to werewolf and back again. ... "
" ... Any accurate assessment of the plusses and minuses antitrust must take in to account its use in various periods. Here are four representative cases: the antitrust law of the 1960s, the IBM and the AT&T cases, to which Wu refers and the Chinese use of antitrust laws as a weapon against foreign corporations. In all these cases, it is important to evaluate three items: the soundness of the antitrust theory of liability; its remedial implications, and its collateral effects on rates of innovation and the behavior of other firms. While CCIA supported both the IBM and AT&T lawsuits at their outset, I was somewhat more skeptical of both cases, chiefly because of my doubts on the last two points—timely remedial execution and unfortunate collateral effects. That said, here is how in retrospect the tripartite analysis plays out in these four cases. ... "
" ... Anyone building a search business should think about that business using a simple tripartite framework. First, can you really help with some decision through search in a way that is above-and-beyond existing modes? Second, is that decision likely to be valuable to some group of users? And finally, are there enough users facing that decision to make for a sufficiently large market? ... "
" ... It should by now be painfully apparent that the failure to come to grips with the phrase incidental powers turns the entire statute on its head, by eliminating the tripartite separation of powers as a conservator, powers as a receiver, and incidental powers. All the delimited powers that are given to both the conservator and the receiver have the word “may” before them. It is, of course, conceptually conceivable that a conservator or receiver need do nothing at all, which is a rather odd assignment for a fiduciary charged with management duties. It is also clear that there is nothing else that they may do under either of these two sections, because there is no further language which suggests that they “may” do anything else, period. In particular, there is no statutory authorization under HERA to give away all the assets either under a conservatorship or a receivership to taxpayers or anyone else. It is thus wholly incorrect to see in any of the incidental powers of FHFA the “ability as conservator to give Treasury (and, by extension, the taxpayers) a preferential right to dividends, to the effective exclusion of the shareholders.” The list of things that FHFA may do as either conservator or receiver are fully exhausted by subsections (b)(2)(D) or (b)(2)(E). The use of the word “may” cannot therefore be read to state that they may not do anything on the ground that they have zero statutory duties. It means, rather, that FHFA may and should decide which particular actions they should undertake in the discharge of their primary duty based on the capacity assumed. The list in subsections D and E is exhaustive, and it is bizarre to assume that silently each of these sections contains a secret provision which states that FHFA “may give all the money to the taxpayers.” ... "
" ... Separately, David Buik in his Evening Standard comment this Wednesday referred to what he suspected as “…Gordon Brown’s rudderless tripartite of regulators - the Treasury, FCA and Bank of England” at the time of the Rock’s demise. ... "