... the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the ... either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract. (3) Neither the nationality of the ... to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance...
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... the IBD working group of the European Society of Paediatric Gastroenterology, Hepatology and Nutrition (ESPGHAN) have developed a consensus protocol for investigation of these children [1]. The ... study from Olmsted County, Minnesota. Gastroenterology 2006; 130: 1039-46. Guidelines for the Management of Inflammatory Bowel Disease (IBD) in Children in the United Kingdom 32 Guidelines for the ... [2-4] These guidelines are the work of the IBD working group of the British Society of Paediatric Gastroenterology Hepatology and Nutrition (BSPGHAN) and are for use by clinicians and allied professionals...
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Tài liệu TREES OF THE NORTHERN UNITED STATES THEIR STUDY, DESCRIPTION AND DETERMINATION FOR THE USE OF SCHOOLS AND PRIVATE STUDENTS doc
... it is called the Weeping Cypress. The knobs from the roots, called Cypress-knees, grow very abundantly around all the trees in the southern swamps. These grow to the height of from 2 to 4 feet, ... of food from the soil. Thick or fleshy roots, such as the radish, are stocks of food prepared for the future growth of the plant, or for the production of flowers and fruit. The thick roots of ... especially need a strong support, they all have either a tap- root—one large root extending from the lower end of the trunk deep down into the ground; or multiple roots—a number of large roots mainly...
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Tài liệu The Role of BCG Vaccine in the Prevention and Control of Tuberculosis in the United States: A Joint Statement by the Advisory Council for the Elimination of Tuberculosis and the Advisory Committee on Immunization Practices docx
... Service Centers for Disease Control and Prevention (CDC) The Role of BCG Vaccine in the Prevention and Control of Tuberculosis in the United States A Joint Statement by the Advisory Council for the Elimination ... 1996 vaccination. These developments have prompted a re-evaluation of the role of BCG vaccination in the prevention and control of TB in the United States. CDC, the Advisory Council for the Elimination ... CITATION Centers for Disease Control and Prevention. The role of BCG vaccine in the pre- vention and control of tuberculosis in the United States: a joint statement by the Advisory Council for the Elimination...
Ngày tải lên: 15/02/2014, 13:20
Tài liệu FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT pptx
... 1982). In these cases, the scope of authority was much narrower than in the cases where the role of the declarant—i.e., the nature of the relationship—was to speak for the party against whom the statement ... performance of the Task. The principal’s right of control presupposes that the principal retains the capacity throughout the relationship to assess the agent’s performance, provide instructions to the agent, ... the length of time employed, 7) whether payment is by time or by the job, 8) whether the work is in the regular business of the employer, 9) the subjective intent of the parties, and 10) whether...
Ngày tải lên: 16/02/2014, 02:20
Tài liệu PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT docx
... credit grantor and a borrower which provides for cancellation of the remain- ing loan balance in the event of theft or total destruction of the collateral for the loan minus the proceeds of any insurance maintained ... subject to the terms of the CLEC in loans it acquires through assignment, we now turn to whether Capital One breached the RIC by failing to honor the terms of the CLEC. B. Decohen challenges the district ... Capi- tal One’s motion to dismiss. For the reasons set forth below, we conclude that the district court erred. Accordingly, we vacate the judgment and remand for further proceedings con- sistent with...
Ngày tải lên: 16/02/2014, 12:20
Tài liệu China’s Economic Rise: History, Trends, Challenges, and Implications for the United States pdf
... that they could be implemented in other parts of the country, a process Deng Xiaoping reportedly referred to as “crossing the river by touching the stones.” 4 China’s Economic Growth and Reforms: ... consumption growth accounted for half of the world’s oil consumption growth in 2011. 42 According to IEA projections, China’s demand for energy from 2008 (the baseline year) to 2035 will account for ... 1979-2012 Since the introduction of economic reforms, China’s economy has grown substantially faster than during the pre-reform period (see Table 1). According to the Chinese government, from 1953...
Ngày tải lên: 20/02/2014, 20:20
FAQs Tuberculosis Component of the Technical Instructions (TIs) for the Medical Examination of Aliens in the United States doc
... TB Control Program is able to provide treatment consultation for an applicant with LTBI. The TB Control Program may also have arrangements with other health-care providers in the community (e.g., ... treatment for LTBI is completed. Please see question 18 for related information. 18. Should the civil surgeon communicate with the TB Control Program of the local health department about the ... not involve the lungs. Completion of treatment for Class B1-Extrapulmonary TB is not required for the civil surgeon to sign the I-693 form. As regards the TB, the signature indicates the applicant...
Ngày tải lên: 06/03/2014, 04:20
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT doc
... banking principles if the bank employs a decision-making process through which it considers the following factors, among others: (i) The cost incurred by the bank in providing the service; (ii) The deterrence ... preempted. The panel held that the National Bank Act does not preempt the claim for affirmative misrepresentations under the fraudulent prong of the Unfair Competition Law. The panel vacated the injunction ... considering the terms of the arbitration agreement, the conduct of the parties, and the course of the litigation, along with the traditional benchmarks regarding waiver of arbitration and the purpose...
Ngày tải lên: 06/03/2014, 10:20
United States Court of Appeals For the First Circuit ppt
... The EPA also followed the proper procedures for ensuring that the model received scrutiny not only from the permittee, but from the scientific community and the public. The EPA highlighted the ... Bay, the ultimate depository for all the nutrients carried by the Blackstone, suffers from severe nitrogen-driven cultural eutrophication. The Seekonk River, which forms the uppermost part of the ... (study and management plan for addressing the problems with cultural eutrophication in the Bay); RIDEM, Evaluation of Nitrogen Targets and WWTF Load Reductions for the Providence and Seekonk Rivers...
Ngày tải lên: 06/03/2014, 15:21
United States Court of Appeals FOR THE EIGHTH CIRCUIT pptx
... to the terms of the TOU. The terms of neither the EULA nor the TOU appear on the outside packaging. If the user does not agree to these terms, the game may be returned for a full refund of the ... group of non-profit volunteer game hobbyists, programmers, and other individuals formed a group called the "bnetd project." The bnetd project developed a program called the "bnetd.org ... lead developers for the bnetd project. The bnetd project was organized and managed over the Internet through a website, www.bnetd.org, that was made available to the public through equipment provided...
Ngày tải lên: 06/03/2014, 21:20
UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods pptx
... provided otherwise, the Convention is not concerned, namely, the validity of the contract or any of its provisions or any usage, as well as the effect which the contract may have on the property ... errs concerning the quality of the goods to be delivered or the solvency of the other party, the rules of the otherwise applicable law give way to those of the Convention, since the Convention ... legal provision has to prove the existence of the factual prerequisites of the provi- sion; 19 the party claiming an exception has to prove the factual prerequisites of that exception. 20 5. The...
Ngày tải lên: 07/03/2014, 08:20
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ppt
... 33. Plaintiffs possessed adequate income and assets and had adequate cr~dit history to qualify for the loans requested, the value and/or the e~ity they had in their properties were sufficient to support the loans, and Defendant was aware of those facts. 34. Defendant's discrimination against Plaintiffs was intentional and willful. WHEREFORE, each Plaintiff asks jUdgment against Defendant for: (a) Actual damages in an amount to be proved at trial; (b) Compensatory damages in an amount to be proved at trial; (c) Punitive damages, not exceeding the lesser of $500,000 or one per centum of the net worth of the Defendant; (d) Appropriate injunctive relief; (e) Reasonable attorneys' fees·and costs of suit; and (f) Further relief as this court deems just and proper. COUNT II FAIR HOUSING ACT 35. Plaintiffs adopt and reallege ~~ 1 through 28 of this Complaint and incorporate them by reference as ~ 35 of Count II. 36. This claim is brought under the Fair Housing Act, 42 U.S.C. §§ 3601, et ~ section 3613(a) (1) (A) of this Act allows a civil action to be brought by any person damaged. under the Act. sections 3605(a) and (b) (1) provides that it shall be unlawful for any person or entity whose business includes engaging in residential real-estate-related transactions to 8 JURISDICTION AND VENUE 2. Jurisdiction of this court arises under 28 U.S.C. § 1343(a) (4), 42 U.S.C. § 3613(a) (1) (A) and 15 U.S.C. § 1691e(f). 3. Venue is proper in the Northern District of Illinois since some of the acts and transactions complained of occurred in this district. THE PARTIES 4. Plaintiff Selma S. Buycks-Roberson is an African- American citizen of the united States who resides in Broadview, Illinois. 5. Plaintiff Renee Brooks is an African-American citizen of the united States who resides in Chicago, Illinois. 6. Plaintiff Calvin R. Roberson is an African-American citizen of the united States who resides in Chicago, Illinois. 7. Defendant citibank is a federal savings bank that offers residential mortgage loans ("home loans") . CLASS ACTIONS ALLEGATIONS 8. (a) Plaintiffs are citibank home loan applicants; they bring this action on behalf of themselves and all other African- American home loan applicants similarly situated. This action is brought as a class action pursuant to Rule 23(b) (2) and Rule 23(b) (3) of the Federal Rules of Civil Procedure. (b) The class consists of all African-Americans who filed applications for home loans to citibank and were rejected on or after July 6, 1992 because they are African-American and/or 2 § 1691(a); and (iii) whether Plaintiffs are entitled to an award of actual, compensatory or punitive damages. (f) The wrongful conduct alleged herein has been taken generally against all members of the class in that African- American home loan applicants have had their loan applications rejected on the basis of their race or color, or because of the racial composition of the neighborhoods in which their properties were located, or both, pursuant to the policies, practices or procedures of Defendant. (g) The common questions of fact and law predominate over questions affecting only individual class members. (h) A class action is superior to other available methods for the fair and efficient adjudication of the controversy in that: (i) a mUltiplicity of suits with consequent burden on the courts and Defendant should be avoided; and (ii) it would be unduly burdensome for all class members to intervene as parties-plaintiffs in this action. THE FACTS Ms. Buycks-Roberson 9. On or about April 4, 1992, Plaintiff Selma Buycks- Roberson applied for a home loan of approximately $43,700 from citibank. 10. The purpose of the loan was to refinance an existing mortgage of approximately $43,500 on Ms. Buycks-Roberson's home, located at 2057 South 25th Avenue in Broadview, Illinois. 11. The property that Ms. Buycks-Roberson attempted to refinance is located in a neighborhood in which the African- 4 because the racial composition of the neighborhoods in which their properties were located was predominantly African-American. (c) The class is so numerous that joinder of all persons is impracticable. Plaintiffs are informed and believe that many home loan applications to Defendant by African- Americans were illegally rejected. On information and belief, Defendant rejected the home loan applications of many dozens of African-American applicants because of their race or color, and/or because of the racial composition of the neighborhoods in which their properties were located. (d) Plaintiffs will fairly and adequately protect the interests of all class members, as they are members of the class and their claims are typical of the claims of all class members. Plaintiffs are incensed by the treatment they have received and will aggressively pursue their as well as the class's interests. Plaintiffs' interests in obtaining injunctive relief and monetary damages for the violations of the above-mentioned federal statutes are consistent with and not antagonistic to those of any person within the class. (e) The common questions of law and fact include: (i) whether Defendant had a policy, practice or procedure to reject home loan applications on the basis of the applicants' race or on the basis of the racial composition of the neighborhoods in which their properties were located; (ii) whether the conduct alleged herein is in violation of Title 42 U.S.C. §§ 1981 and 1982; 42 U.S.C. § 3605 and 15 U.S.C. 3 43. Because of the Defendant's malicious refusal to deal with Plaintiffs and its policy of· discrimination against Plaintiffs because of race or color, Plaintiffs claim punitive or exemplary damages. WHEREFORE, Plaintiffs ask jUdgment against Defendant for: (a) Actual damages in an amount to be proved at trial; (b) Compensatory damages in an amount to be proved at trial; (c) Punitive damages; (d) Appropriate injunctive relief; (e) Reasonable attorneys' fees and costs of suit; and (f) Further relief as this Court deems just and proper. SELMA S. BUYCKS-ROBERSON; ... 33. Plaintiffs possessed adequate income and assets and had adequate cr~dit history to qualify for the loans requested, the value and/or the e~ity they had in their properties were sufficient to support the loans, and Defendant was aware of those facts. 34. Defendant's discrimination against Plaintiffs was intentional and willful. WHEREFORE, each Plaintiff asks jUdgment against Defendant for: (a) Actual damages in an amount to be proved at trial; (b) Compensatory damages in an amount to be proved at trial; (c) Punitive damages, not exceeding the lesser of $500,000 or one per centum of the net worth of the Defendant; (d) Appropriate injunctive relief; (e) Reasonable attorneys' fees·and costs of suit; and (f) Further relief as this court deems just and proper. COUNT II FAIR HOUSING ACT 35. Plaintiffs adopt and reallege ~~ 1 through 28 of this Complaint and incorporate them by reference as ~ 35 of Count II. 36. This claim is brought under the Fair Housing Act, 42 U.S.C. §§ 3601, et ~ section 3613(a) (1) (A) of this Act allows a civil action to be brought by any person damaged. under the Act. sections 3605(a) and (b) (1) provides that it shall be unlawful for any person or entity whose business includes engaging in residential real-estate-related transactions to 8 JURISDICTION AND VENUE 2. Jurisdiction of this court arises under 28 U.S.C. § 1343(a) (4), 42 U.S.C. § 3613(a) (1) (A) and 15 U.S.C. § 1691e(f). 3. Venue is proper in the Northern District of Illinois since some of the acts and transactions complained of occurred in this district. THE PARTIES 4. Plaintiff Selma S. Buycks-Roberson is an African- American citizen of the united States who resides in Broadview, Illinois. 5. Plaintiff Renee Brooks is an African-American citizen of the united States who resides in Chicago, Illinois. 6. Plaintiff Calvin R. Roberson is an African-American citizen of the united States who resides in Chicago, Illinois. 7. Defendant citibank is a federal savings bank that offers residential mortgage loans ("home loans") . CLASS ACTIONS ALLEGATIONS 8. (a) Plaintiffs are citibank home loan applicants; they bring this action on behalf of themselves and all other African- American home loan applicants similarly situated. This action is brought as a class action pursuant to Rule 23(b) (2) and Rule 23(b) (3) of the Federal Rules of Civil Procedure. (b) The class consists of all African-Americans who filed applications for home loans to citibank and were rejected on or after July 6, 1992 because they are African-American and/or 2 § 1691(a); and (iii) whether Plaintiffs are entitled to an award of actual, compensatory or punitive damages. (f) The wrongful conduct alleged herein has been taken generally against all members of the class in that African- American home loan applicants have had their loan applications rejected on the basis of their race or color, or because of the racial composition of the neighborhoods in which their properties were located, or both, pursuant to the policies, practices or procedures of Defendant. (g) The common questions of fact and law predominate over questions affecting only individual class members. (h) A class action is superior to other available methods for the fair and efficient adjudication of the controversy in that: (i) a mUltiplicity of suits with consequent burden on the courts and Defendant should be avoided; and (ii) it would be unduly burdensome for all class members to intervene as parties-plaintiffs in this action. THE FACTS Ms. Buycks-Roberson 9. On or about April 4, 1992, Plaintiff Selma Buycks- Roberson applied for a home loan of approximately $43,700 from citibank. 10. The purpose of the loan was to refinance an existing mortgage of approximately $43,500 on Ms. Buycks-Roberson's home, located at 2057 South 25th Avenue in Broadview, Illinois. 11. The property that Ms. Buycks-Roberson attempted to refinance is located in a neighborhood in which the African- 4 because the racial composition of the neighborhoods in which their properties were located was predominantly African-American. (c) The class is so numerous that joinder of all persons is impracticable. Plaintiffs are informed and believe that many home loan applications to Defendant by African- Americans were illegally rejected. On information and belief, Defendant rejected the home loan applications of many dozens of African-American applicants because of their race or color, and/or because of the racial composition of the neighborhoods in which their properties were located. (d) Plaintiffs will fairly and adequately protect the interests of all class members, as they are members of the class and their claims are typical of the claims of all class members. Plaintiffs are incensed by the treatment they have received and will aggressively pursue their as well as the class's interests. Plaintiffs' interests in obtaining injunctive relief and monetary damages for the violations of the above-mentioned federal statutes are consistent with and not antagonistic to those of any person within the class. (e) The common questions of law and fact include: (i) whether Defendant had a policy, practice or procedure to reject home loan applications on the basis of the applicants' race or on the basis of the racial composition of the neighborhoods in which their properties were located; (ii) whether the conduct alleged herein is in violation of Title 42 U.S.C. §§ 1981 and 1982; 42 U.S.C. § 3605 and 15 U.S.C. 3 43. Because of the Defendant's malicious refusal to deal with Plaintiffs and its policy of· discrimination against Plaintiffs because of race or color, Plaintiffs claim punitive or exemplary damages. WHEREFORE, Plaintiffs ask jUdgment against Defendant for: (a) Actual damages in an amount to be proved at trial; (b) Compensatory damages in an amount to be proved at trial; (c) Punitive damages; (d) Appropriate injunctive relief; (e) Reasonable attorneys' fees and costs of suit; and (f) Further relief as this Court deems just and proper. SELMA S. BUYCKS-ROBERSON; ... 33. Plaintiffs possessed adequate income and assets and had adequate cr~dit history to qualify for the loans requested, the value and/or the e~ity they had in their properties were sufficient to support the loans, and Defendant was aware of those facts. 34. Defendant's discrimination against Plaintiffs was intentional and willful. WHEREFORE, each Plaintiff asks jUdgment against Defendant for: (a) Actual damages in an amount to be proved at trial; (b) Compensatory damages in an amount to be proved at trial; (c) Punitive damages, not exceeding the lesser of $500,000 or one per centum of the net worth of the Defendant; (d) Appropriate injunctive relief; (e) Reasonable attorneys' fees·and costs of suit; and (f) Further relief as this court deems just and proper. COUNT II FAIR HOUSING ACT 35. Plaintiffs adopt and reallege ~~ 1 through 28 of this Complaint and incorporate them by reference as ~ 35 of Count II. 36. This claim is brought under the Fair Housing Act, 42 U.S.C. §§ 3601, et ~ section 3613(a) (1) (A) of this Act allows a civil action to be brought by any person damaged. under the Act. sections 3605(a) and (b) (1) provides that it shall be unlawful for any person or entity whose business includes engaging in residential real-estate-related transactions to 8 JURISDICTION AND VENUE 2. Jurisdiction of this court arises under 28 U.S.C. § 1343(a) (4), 42 U.S.C. § 3613(a) (1) (A) and 15 U.S.C. § 1691e(f). 3. Venue is proper in the Northern District of Illinois since some of the acts and transactions complained of occurred in this district. THE PARTIES 4. Plaintiff Selma S. Buycks-Roberson is an African- American citizen of the united States who resides in Broadview, Illinois. 5. Plaintiff Renee Brooks is an African-American citizen of the united States who resides in Chicago, Illinois. 6. Plaintiff Calvin R. Roberson is an African-American citizen of the united States who resides in Chicago, Illinois. 7. Defendant citibank is a federal savings bank that offers residential mortgage loans ("home loans") . CLASS ACTIONS ALLEGATIONS 8. (a) Plaintiffs are citibank home loan applicants; they bring this action on behalf of themselves and all other African- American home loan applicants similarly situated. This action is brought as a class action pursuant to Rule 23(b) (2) and Rule 23(b) (3) of the Federal Rules of Civil Procedure. (b) The class consists of all African-Americans who filed applications for home loans to citibank and were rejected on or after July 6, 1992 because they are African-American and/or 2 § 1691(a); and (iii) whether Plaintiffs are entitled to an award of actual, compensatory or punitive damages. (f) The wrongful conduct alleged herein has been taken generally against all members of the class in that African- American home loan applicants have had their loan applications rejected on the basis of their race or color, or because of the racial composition of the neighborhoods in which their properties were located, or both, pursuant to the policies, practices or procedures of Defendant. (g) The common questions of fact and law predominate over questions affecting only individual class members. (h) A class action is superior to other available methods for the fair and efficient adjudication of the controversy in that: (i) a mUltiplicity of suits with consequent burden on the courts and Defendant should be avoided; and (ii) it would be unduly burdensome for all class members to intervene as parties-plaintiffs in this action. THE FACTS Ms. Buycks-Roberson 9. On or about April 4, 1992, Plaintiff Selma Buycks- Roberson applied for a home loan of approximately $43,700 from citibank. 10. The purpose of the loan was to refinance an existing mortgage of approximately $43,500 on Ms. Buycks-Roberson's home, located at 2057 South 25th Avenue in Broadview, Illinois. 11. The property that Ms. Buycks-Roberson attempted to refinance is located in a neighborhood in which the African- 4 because the racial composition of the neighborhoods in which their properties were located was predominantly African-American. (c) The class is so numerous that joinder of all persons is impracticable. Plaintiffs are informed and believe that many home loan applications to Defendant by African- Americans were illegally rejected. On information and belief, Defendant rejected the home loan applications of many dozens of African-American applicants because of their race or color, and/or because of the racial composition of the neighborhoods in which their properties were located. (d) Plaintiffs will fairly and adequately protect the interests of all class members, as they are members of the class and their claims are typical of the claims of all class members. Plaintiffs are incensed by the treatment they have received and will aggressively pursue their as well as the class's interests. Plaintiffs' interests in obtaining injunctive relief and monetary damages for the violations of the above-mentioned federal statutes are consistent with and not antagonistic to those of any person within the class. (e) The common questions of law and fact include: (i) whether Defendant had a policy, practice or procedure to reject home loan applications on the basis of the applicants' race or on the basis of the racial composition of the neighborhoods in which their properties were located; (ii) whether the conduct alleged herein is in violation of Title 42 U.S.C. §§ 1981 and 1982; 42 U.S.C. § 3605 and 15 U.S.C. 3 43. Because of the Defendant's malicious refusal to deal with Plaintiffs and its policy of· discrimination against Plaintiffs because of race or color, Plaintiffs claim punitive or exemplary damages. WHEREFORE, Plaintiffs ask jUdgment against Defendant for: (a) Actual damages in an amount to be proved at trial; (b) Compensatory damages in an amount to be proved at trial; (c) Punitive damages; (d) Appropriate injunctive relief; (e) Reasonable attorneys' fees and costs of suit; and (f) Further relief as this Court deems just and proper. SELMA S. BUYCKS-ROBERSON;...
Ngày tải lên: 15/03/2014, 10:20
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT pdf
... “houseboat”). The only clear difference that the majority identifies be- tween these two kinds of structures is that the former are self-propelled, while the latter are not. Ante, at 5–6. But even the ... ‘focus on the intent of the shipowner’”). II At the outset we consider one threshold matter. The District Court ordered the floating home sold to satisfy the City’s judgment. The City bought the ... and other esthetic attributes are what take Lozman’s craft out of vessel status, then the major- ity’s test is completely malleable. If it is the craft’s lack of self-propulsion, then the majority’s...
Ngày tải lên: 15/03/2014, 23:20
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT pdf
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Strong Performers And Successful Reformers In Education Lessons From PISA For The United States doc
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT pdf
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