User:CheshireKatz/Notes: Difference between revisions

Judging the Cuckoo
Give the League their ball back
"Blessed" as a matter of law
No Copyright on Mickey Mouse due to violation of 1909 copyright law in Plane Crazy

Contracts

Substantial performance

Expectancy damages

Trusts & Estates

In 2010,

There will still be a gift tax
Transfers at death will no longer reset the clock (no stepped up basis)
State estate taxes reemerge with disappearance of credit

NYC LES

Zwi Migdal

NY Independent Benevolent Association

Bodies and Souls by Isabel Vincent

National Council of Jewish Women

Julius Schmidt - Condoms/Sausage Casings

Philosophy of Language

H.P. Grice's "cooperative principle" & his four maxims

Otto Neurath's Boat Analogy

Bertrand Russell

Ludwig Wittgenstein Philosophical Investigations

Philosophy of Law

My Legal Positivism page

Honne and tatemae

Civics

Mandatory Military Service

National Healthcare

Miscellaneous

Wikipedia, a wild world of wonder

Calvinball

Elder Wisdom Circle

Richard Rorty

Lothario vs. Svengali

Nauru

Stereotypes of animals

"From each according to his ability, to each according to his need." - Karl Marx

Open Theism & Rabbi Harold Kushner

Primo Levi

Wife carrying

Struthious = of or related to ostriches and other ratite birds (such as sticking one's head in the sand)

Antigonish, Nova Scotia - The name Antigonish is of Mi'kmaq origin and is believed to refer to "The place where tree branches are torn off by bears gathering beechnuts".

Wiki Cheatsheet

WP:Template messages/Sources of articles & WP:Template messages/Cleanup

@@ Line 1: / Line 1: @@
-==WP:NOT#STATS==
+==Legal Studies==
-I posted this on WP:NOT, but after getting no response I thought I might see if I could get some input here.
+===Case Law===
-I'd like to see some expansion & clarification of the [[WP:NOT#STATS|Wikipedia is not an indiscriminate collection of statistics]] policy. I frequently find articles on broad subjects being edited to include arbitrarily taken opinion polls. Often I find these polls are included to give [[WP:DUE|undue weight]] to a particular [[WP:NPOV|point of view]]. This is particularly difficult to overcome, because polls on many subjects are only taken while that issue is a concern, but not before or afterwards, thus giving a full range of data.
-:Example: In an article about Asian prejudice in the US, an editor wishes to [[WP:POVPUSH|push his view]] that Virginians hate Asians. He finds an opinion poll immediately after the [[Virginia Tech massacre]].
+[[Riggs v. Palmer]]
+===Statutory Actions===
+[[Article 78 proceeding]]s
+http://article78.com/primer/2.shtml
-They are presented without context, allowing the reader to infer that the poll content is broadly representative and the careful selection of included polls can result in [[WP:POVPUSH|POV Pushing]]. For example, I've recently encountered a problem regarding the inclusion of opinion polls on the [[Anti-Arabism]] page. Initially presented in a section listing poll results, I rewrote the poll content in readable prose and then redistributed it to relevant sections per [[WP:MOS]]. Afterwards, I realized that such polls were included quite arbitrarily (in particular see [[Anti-Arabism#France]]). I tried to simply remove it per [[WP:NOT#STATS]] and [[WP:Notability]], but was met with resistance for removing sourced content. The reverter argued that [[WP:NOT#STATS]] doesn't apply, because a "long and sprawling list" requiring remediation does not yet exist and that published in newspapers is sufficiently notable. That doesn't seem right to me, but I can't draw enough from the [[WP:NOT#Statistics]] section to support my intuition. What say you on the subject of opinion poll results, fellow editors? - [[User:CheshireKatz|CheshireKatz]] ([[User talk:CheshireKatz|talk]]) 19:30, 30 December 2007 (UTC)
+http://www.sheerinlaw.com/?id=78
-I'd still really like some feedback on this. WP:NOT#Statistics seems to restrict the inclusion of polls to those where the the poll itself is analyzed in the reference and that analysis is included. This makes sense in an effort to curb [[WP:OR|original research]] ([[WP:SYN|original synthesis]] in particular) but I'd really like to see it clarified to say so explicitly. - [[User:CheshireKatz|CheshireKatz]] ([[User talk:CheshireKatz|talk]]) 19:58, 10 January 2008 (UTC)
-Let me clarify my objection to including such polls without context. [[WP:OR|Wikipedia's No Original Research policy]] addresses this subject in detail. "Tabulated results of surveys or questionnaires" are [[WP:PSTS|primary sources]] and as such are not in and of themselves [[WP:RS|reliable sources]]. For this reason, I've always interpreted [[WP:NOT#STATS]] to discourage the inclusion of poll data unaccompanied by explanatory text from a reliable, published secondary source contextualizing the data.
-:Example: Let's say I want to [[WP:POVPUSH|push the belief]] that French people hate Asians. I can dig up one or two well-sourced hate crimes against Asians and surround them with carefully selected poll data demonstrating high anti-Asian sentiment in France at arbitrary periods. This [[WP:SYN|synthesis]] of data gives rise to the perception that French citizens hate Asians. However, without a reliable, published [[WP:PSTS|secondary source]] making that argument, this constitutes [[WP:OR|original research]] and even if that belief happens to be completely true, it does not belong on Wikipedia.
-As I stated before, the survey-less [[antisemitism]] article (a former featured article and thus arguably a quality standard for such articles) should be used as a guideline for this one.
-==WORK==
-===Service Contracts===
-In consumer transactions, a '''service contract''' is a contract marketed to consumers guaranteeing the reliability of a product beyond to warranties issued incidental to purchase. Such contracts typically exist to offer coverage beyond such warranties, whether in terms of duration or scope of coverage. In the event of malfunction, a service contract will specify the manner of compensation owed to the purchaser, typically in the form of a set dollar amount or [[indemnification]] for repair, replacement, or maintenance of the product. Coverage provided by service contracts is commonly limited to operational or structural failure due to defects in materials, workmanship, or normal wear and tear.
-===Extended Warranty===
-In retail business, a warranty (or "'''extended warranty'''") commonly refers to a guarantee of the reliability of a product under conditions of ordinary use. It is called "extended" warranty because it covers defects that could arise some time after the date of sale. Should the product malfunction within a stipulated amount of time after the purchase, the manufacturer or distributor is typically required to provide the customer with a replacement, repair, or refund. Such warranties usually do not cover "acts of God", owner abuse, malicious destruction, commercial use, or anything, for that matter, outside of a mechanical failure incurred with normal personal usage. Most warranties exclude parts that normally wear out, and supplies that must be periodically replaced as they are normally used up (e.g., tires and lubrication on a vehicle). An extended warranty may be included in the purchase price, or optionally extended for an additional fee, and may be for some ambiguous ordinary "lifetime" of the product (not the customer).
-A manufacturer or distributor may be required to carry reserve funds on its financial balance sheet to cover potential services or refunds that may arise for any products still covered "under warranty".
-There are also third-party warranty providers who sell optional "extended warranty" contracts on certain products, which amount to having an insurance contract for the product. These third parties range from well known store chains, such as Best Buy and Circuit City, to independent, often underwritten companies such as Access Warranty. As with other types of insurance, the companies are gambling that the products will be reliable, that the warranty will be forgotten or voided, or that any claims made can be handled inexpensively.
-Many people do not realize that extended warranties are not always provided through the manufacturer, but in some circumstances it may work to the consumer's benefit. For instance, when an auto warranty is provided through a dealership from the manufacturer, repairs on the vehicle are reimbursed at a lower negotiated rate. Some mechanics might fraudulently attempt to defer the needed repair until the warranty has expired so that the ordinary (higher) shop rate will apply. The third party warranty, while often more expensive, can be worth the price difference because it will cover the higher shop rate as well, and may even permit the customer to select a different mechanic outside the dealership.
-===Risk Retention Groups===
-A Risk Retention Group (RRG) is a member-owned business association that is formed specifically for the purpose of pooling and sharing similar business risks. RRGs must be licensed in at least one state or the District of Columbia, but once licensed are allowed under the federal Liability Risk Retention Act of 1986 (which specifically preempts contrary state laws) to underwrite the insurance risks of its members nationwide, including giving preferential rates, terms and conditions to groups seeking liability insurance coverage.
-The members of an RRG must be engaged in the same or similar businesses, at least so far as the liability exposures are concerned. Interestingly, insurance companies are forbidden from being members of an RRG unless all the other members are insurance companies. RRGs are exempt from federal and state securities registration, but must make full disclosures of all their operations to their members.
-RRGs are effectively exempt from state law except that the states can still collect premium and surplus taxes, force compliance with unfair claim settlement practices, and follow a few other requirements common to insurance companies. The states may not, however, dictate rates, coverages, forms, methods of operations or investment activities, loss control or claims, etc. RRGs can thus underwrite most types of general liability policies, such as Errors & Omissions and Products Liability insurance, etc., but RRGs are not allowed to underwrite insurance relating to employees, such as workers’ compensation, property insurance, and personal lines insurance such as auto insurance.
-A key benefit to the use of RRGs is that, because each policyholder is also a member who participates in profits, each policyholder has substantial incentive to engage in proactive risk management to try to avoid claims, instead of just “let the insurance company take care of it.” The members also can adopt better loss-control and more quickly identify other members whose risk-management is lax, and either assist them in upgrading their risk management or else invite them to take their insurance business elsewhere. Indeed, it is the fact that the members of an RRG know their business better than anybody else that often give the RRG an underwriting edge over insurance companies.
-RRGs are commonly used in conjunction with its members’ captive insurance companies. The idea is that the RRGs pool a certain layer of risk, and then each member’s captive reinsures the RRG for the remaining layers. Captives are also used to reinsurance the particular risks of the members who own the captives. This arrangement is often necessary since the member’s captive insurance company for cost and asset protection reasons is probably domiciled outside the United States, and is not admitted to underwrite business in the states where the RRG is operating. When used in this fashion, the RRG effectively becomes, quite legally, the fronting company for the members’ captives.
-For example, assume that Members A, B, and C form a Risk Retention Group to offer products liability insurance coverage of up to $1 million for each of the members. Historically, the losses of each member have averaged about $50,000 per year. Members A, B, and C each also have captive insurance companies, and their captives reinsure the RRG for their own annual claims exceeding $100,000 per member. Thus, the members have pooled their risks for their first $100,000 losses each per member, and have accepted the risks of losses exceeding this amount. Members B and C now need not worry if Member A has losses of $1 million in a given year, since their exposure as to Member A’s liability is capped at $100,000 by the reinsurance policy given by Member A’s captive.
-Federal Risk Retention Group Statute, 15 U.S.C. § 3902
-==Legal Studies==
-===Case Law===
-[[Riggs v. Palmer]]
 ===Legal Principles===
@@ Line 91: / Line 48: @@
 #Transfers at death will no longer reset the clock (no stepped up basis)
 #State estate taxes reemerge with disappearance of credit
+====NYC LES====
+[[Zwi Migdal]]
+[[NY Independent Benevolent Association]]
+[[Bodies and Souls]] by [[Isabel Vincent]]
+[[National Council of Jewish Women]]
+[[Julius Schmidt]] - Condoms/Sausage Casings
+[[Emma Goldman]]
+[[Margaret Sanger]]
+[[Sadie Sachs]]
+[[Samuel Roth]]
 ==Philosophy of Language==
@@ Line 102: / Line 78: @@
 ==Philosophy of Law==
-===Natural Law===
-Majoritarian/Proselytizing Problem of the [[Categorical Imperative]]: "Non-Christians should be persecuted as heretics." "Religious law should be enforced." "My wife takes pleasure in whipping me, so I should submit to whippings."
-===Positivism===
 [[User:CheshireKatz/Notes/Positivism|My Legal Positivism page]]
+[[Honne and tatemae]]
-===Interpretivism===
-[[Ronald Dworkin|Ronald Dworkin's]] [[interpretivism|Legal Interpretivism]]
+==Civics==
+Mandatory Military Service
+National Healthcare
 ==Miscellaneous==
+Wikipedia, a wild world of wonder
 [[Calvinball#Calvinball|Calvinball]]
@@ Line 118: / Line 96: @@
 [[Richard Rorty]]
-[[Lothario]]
+[[Lothario]] vs. [[Svengali]]
+[[Nauru]]
+[[Stereotypes of animals]]
 "[[From each according to his ability, to each according to his need]]." - [[Karl Marx]]
@@ Line 125: / Line 107: @@
 [[Primo Levi]]
+[[Wife carrying]]
+Struthious = of or related to ostriches and other ratite birds (such as sticking one's head in the sand)
+[[Antigonish, Nova Scotia]] - The name Antigonish is of Mi'kmaq origin and is believed to refer to "The place where tree branches are torn off by bears gathering beechnuts".
 [[Wikipedia:Cheatsheet|Wiki Cheatsheet]]
 [[WP:Template messages/Sources of articles]] & [[WP:Template messages/Cleanup]]
-==WikiCode==
-===FamilyTree===
-{{familytree/start}}
-{{familytree | | | | | | | | HK |-|v|-| GK | | | | | | BJ |-|v|-| RD |-|-| ED | | HK=Harry Katz|GK=Goldie Katz|ED=Edward Dweck|RD=Ruth Dweck|BJ=Bob Jaeger}}
-{{familytree | | | | | |,|-|-|-|v|-|^|-|-|-|-|-|.| | | |,|-|-|-|^|-|-|-|.| }}
-{{familytree | MH |v| SH | | AK |v| DG | | LK |v| JM | | BG |-| AG |v| PC | | MH=Mark Hariton|SH=Sue Hariton|AK=Abraham Katz|DG=Dina Ferrin|LK=Louis Katz|JM=Jeanne Maxbauer|AG=Amy Goldstein|BG=Barry Goldstein|PC=Paul Coleman}}
-{{familytree | | | |!| | | | | |,|-|^|-|.| | | |,|-|^|-|v|-|-|-|.| | | |,|-|^|-|.| |}}
-{{familytree | | | TB | | | | DK | | MK | | JK | | EK | | SK | | JC | | SC | | TB=''The Brood''|DK=David Katz|MK=Michael Katz|JK='''Jonathan Katz'''|EK=Erica Katz|SK=Stephanie Katz|JC=Jennifer Coleman|SC=Sarah Coleman}}
-{{familytree/end}}