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Enoch Root's avatar

1- i wish i was qualified, cause working for Chance sounds like it’d be fun.

2- this post cements this substack’s legacy in the illustrious company of Blaise Pascal, Benjamin Franklin, Woodrow Wilson, et al, each who noted apologies for the length as there was no time to make it shorter. Damn right, too.

3- i think i spied a date typo for 242(d) legislation going into effect (2023, not 2022, right?)

4- is there any history of rulings that overtly state (words to the effect that) “ there is no equitable outcome possible, so we rule based on which outcome is the least harmful to the party most harmed by the ruling” or MiniMax Regret strategy?

You are awesome, Chance. Thank you.

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A Noisy Corax's avatar

I can tell you that I love the idea of calling it Ghost Penciling(tm) and would like to petition for a license for use of it. I had thumbed through CaseMine and ended up at UniSuper LTD v. News Corp from Chancellor Chandler back in 2006, which made me all the more pleasantly happy it came up in Schumacher. It only reinforces that I have one super power and it is beating shitty free to use case law search engines with a sledge hammer like I'm some Nocker till it gives me the results I want. Though half the fun was chronicling the frustration of it all.

I am also glad to know I'm not the only one who noticed that VCZ didn't engage with the objectors and was going "hmmm...HMMMMM..."

With what a chonky boy this is I get the feeling I'm going to have to come back to this a few more times like Thanksgiving turkey in order to digest it. For what of the turkey I have turned into post-thanksgiving turkey noodle soup, turkey sandwiches, and whatever else and focus on what I've been able to eat and what you have said of VCZ I just don't think "gets comfortable" is a thing that will happen, especially with how emotional this case has become. I dunno maybe just me I favor the Ghost Pencil route if the release is the issue, especially since I see it as the only real issue atm. It seems like something that will happen if she does feel it is too wide. Even with the old boys club as it were the issues of overbroad release that sort of thing won't be allowed, sacrosanct maybe a good word for it. I mean even in UniSuper CC sent them to the drawing board not once but twice at least as far as I can tell from what I could find.

If that does go the CC route in UniSuper then this roller coaster ain't done yet because if there is one thing the market hates and loves like an abusive relationship it is volatility. Uncertainty and price fluctuation is what makes and loses people money. The variance between everyone's little opinions on a matter they have no clue about and wish to make their voice heard on, even if they will all be made wrong in the end. Even as I'm typing this out the market ripped the convergence apart briefly as it had its little temper tantrum that VCZ didn't give it what it wanted on Monday and now it is going to have to sit in the corner a bit longer like a good boy.

Anywho thanks once again for your work!

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