songbird source code............... Google Linux mint wiki......................... Google nonprogrammer learning to program....... Google mako surgical peer-review studies....... Bing cooperative insurance healthcare reform... GoogleGoogle won 4 out of 5. Ironically, I currently use Yahoo Search (which uses Bing on the backend) as it has a revenue-sharing agreement with Linux Mint, which is running on my laptop. Recently discussed over at "Bing Vs. Google: Have You Taken the Blind Comparison Test?", where plenty of others post their experiences.
Saturday, September 15, 2012
Saturday, December 17, 2011
Binding arbitrationThis comes in the wake of the AT&T Mobility v. Concepcion Supreme Court decision back in April.
If you have a dispute with the Bank, and you are not able to resolve the dispute informally, you and the Bank agree that upon demand by either you or the Bank, the dispute will be resolved through the arbitration process as set forth in this part. A “dispute” is any unresolved disagreement between you and the Bank. It includes any disagreement relating in any way to services, accounts or matters; to your use of any of the Bank’s banking locations or facilities; or to any means you may use to access your account(s). It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common
law, and equitable claims. “Disputes” include disagreements about the meaning, application or enforceability of this arbitration agreement. This arbitration agreement shall survive any termination of your account(s). YOU AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the sole exception to this arbitration agreement, you and the Bank retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. If either you or the Bank fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration. Arbitration procedure; severability You or the Bank may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY...
Just another incentive to move to a credit union, I suppose.
Oddly, I was unable to find any news coverage of this change.
Thursday, December 15, 2011
Friday, August 12, 2011
Saturday, July 09, 2011
Money is all I've ever thought
But that doesn't mean it's all I've got
I'll have to keep this terse
Because I have trouble coming up with a verse
I'm not very good at saying what I feel
But that doesn't mean I can't seal a deal
Cause I try to be methodical
About focusing on the logical
This got me thinking about rhyming - and I think I might actually start trying to do some poetry.
Friday, June 17, 2011
Saturday, April 23, 2011
Less commonly known, perhaps, is that Delaware retains a court of "equity". I read through Quillen and Hanrahan's (1992) A Short History of the Delaware Court of Chancery. They describe it as such:
Moral maxims and fairness based on concepts? Such an idea must sound quaint to most lawyers and particularly to legal positivists. And it seems somewhat ironic that corporations would choose to be located so near to such an ambiguous concept.
The role of procedural and doctrinal inflexibility in the decline of England's Chancery Court contrasts with the determination of Delaware's Chancellors over two centuries to eschew broad rules in favor of specific holdings and carefully crafted remedies that address the particular circumstances of the case at hand. The secret of Delaware equity rests in two old concepts, both English in origin. First, equity is a moral sense of fairness based on conscience.(8) Second, equity is the recognition that the universal rule cannot always be justly applied to the special case.(9) Equity is the flexible application of broad moral principles (maxims) to fact specific situations for the sake of justice. Delaware has preserved the essence.(10)
After reading the article, I can't say that it really seems that Court of Chancery has been revolutionary in applying moral principles. Certainly I haven't heard of its involvement in remedies for the frauds of the mortgage crisis. There was some mention that it had done some work to protect minority shareholders, although I'm a bit skeptical. It is noteworthy that it was a decision from it that was affirmed in Brown v. Board of Education (while other lower court decisions were involved, apparently the Chancery's was the one affirmed).