m*****e
发帖数: 10963 | 1 六、1993年一些密苏里州的中国留学生控告吴征及其雇主在推销人寿保险时欺诈
（控告吴征的案件撤诉。控告保险公司的案件法庭以公司不能为吴征的行
为负责为由驳回。下面是上诉法庭驳回原告上诉的部分纪录）
Document 1 of 3.
DONG LI, et al., Appellants, v. METROPOLITAN LIFE INSURANCE
COMPANY, Respondent.
No. ED74540
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE
998 S.W.2d 828; 1999 Mo. App. LEXIS 1064
August 10, 1999, Filed
PRIOR HISTORY: [**1] Appeal from the Circuit Court of the
City of St. Louis. Honorable Patricia Cohen.
DISPOSITION: AFFIRMED.
COUNSEL: Alan G. Kimbrell, St.... 阅读全帖 |
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e******u
发帖数: 537 | 2 http://usc.rivals.com/content.asp?CID=1611480
McNair was just "the sacrificial lamb" tying USC to knowledge of whatever it
was Reggie Bush and his family -- or maybe we should reverse that order --
were doing, they say.
The McNair brief argues that the NCAA had to "fabricate" evidence and change
witness statements. But then after being apprised of the falsity of some of
its evidence like the famous wrong-year, wrong-caller Lloyd Lake two-minute
phone call, the NCAA still allowed three different ... 阅读全帖 |
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b********n
发帖数: 38600 | 3 http://www.plata.com.mx/mplata/articulos/articlesFilt.asp?fiida
It's 1790 All Over Again
Hugo Salinas Price
It was 1790 and the revolutionary National Assembly in Paris was worried.
Complaints were reaching the Assembly from all over France, that business
was stagnant, sales were down, people were without work, and there was a
great scarcity of money.
This was quite natural, because all business slows down when the prevailing
source of Authority is under question. The Bastille prison had been ta... 阅读全帖 |
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b*******0
发帖数: 833 | 4 老王理解的很正，包括对案件的引用（New York Times Co. v. Sullivan），堪称专家。
涉及public的诽谤罪成立，要求比仅涉及private person的案件高。原告需要证明被告
（媒体）actual malice (i.e., knew the falsity or had reckless disregard as
to truth or falsity – made no effort to investigate truth)。媒体在这个问题
上有有限的豁免权limited privilege。原告的证明责任比较大，难度也大。
再看饭桶番仔装逼。 |
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t****v
发帖数: 9235 | 5 什么是剽窃？——以徐友渔《哥白尼式的革命》为例
王有礼
来源： 497［文化批评］
2010年，整个中国学界对学术剽窃问题有不少讨论。但这场讨论有着明显的缺陷：首先
，除了美国学者白露和中国学者同俊子等少数作者说明了他们对于抄袭或剽窃的界定，
大多数讨论是在没有清晰界定剽窃标准的前提下进行的。例如，讨论中出现的“参见式
抄袭”、“注释式剽窃”等等就是很不负责任的概念。以这样的概念和界定对学术著作
进行甄别，不但混淆了正常学术研究与剽窃的区别，而且也为学术工作制造了人为的混
乱和障碍。如果媒体不加细察，将这样的标准用于某一个作者（无论其立场和派别如何
），就有可能造成冤假错案，这是任何一个负责任的公民、学者和媒体工作者都应该避
免的。其次，这场讨论有明显的党同伐异的色彩，正由于此，对于讨论中出现的捏造证
据、掩盖事实等等现象，即便在被揭露之后，媒体并不加以报道，反而继续发表同类文
章，这对一场以学术规范为名的讨论而言，无疑是一个极大的讽刺。有谁还会相信这场
讨论的公正性呢？
为了让这场讨论具有正面价值，笔者认为需要找出贴切的抄袭或剽窃的案例，并做细致
剖析，让人们了解什么是真正的剽... 阅读全帖 |
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t******n
发帖数: 2939 | 6 ☆─────────────────────────────────────☆
onionball (辣球) 于 (Sun Jan 29 12:53:42 2012, 美东) 提到:
方到现在没有证据说是代笔，难道不是活该输官司
韩寒为啥要拿出手稿来对证？
不管韩寒是不是有代笔问题，官司上我支持韩寒，不然按照方舟子这种没证据就咬得疯
狗搞法，中国各界还不早晚一团混水人人自危？
☆─────────────────────────────────────☆
lanhua (慢炖土豆) 于 (Sun Jan 29 13:06:14 2012, 美东) 提到:
难道现在不是么？
“不然按照方舟子这种没证据就咬得疯
狗搞法，中国各界还不早晚一团混水人人自危？”
☆─────────────────────────────────────☆
wesley (向左向右) 于 (Sun Jan 29 19:22:06 2012, 美东) 提到:
你分不清诽谤和质疑。方舟子已经拿出了一堆基于事实的质疑，形成了一个证据链。怎么
说没有证据呢？
现在中国的公众人物缺少的恰恰是... 阅读全帖 |
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v**********m
发帖数: 5516 | 7 Sir Karl Raimund Popper, CH FRS[1] FBA (28 July 1902 – 17 September 1994)
was an Austro-British[2] philosopher and a professor at the London School of
Economics.[3] He is regarded as one of the greatest philosophers of science
of the 20th century;[4][5] he also wrote extensively on social and
political philosophy.
Popper is known for his attempt to repudiate the classical observationalist
/ inductivist form of scientific method in favour of empirical falsification
. He is also known for his oppo... 阅读全帖 |
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j****n
发帖数: 7636 | 8 大致看了下连接，这个好蛋的“造谣是天赋人权”论是复杂问题简单化了。
不过，这个对公众人物造谣在相当宽的范围内（如果不能被证明是恶意的情况下）的确
是合法的。
Content-based governmental restrictions on speech are unconstitutional
unless they advance a "compelling state interest." To this principle, there
are six exceptions:
1. Speech that is likely to lead to imminent lawless action may be
prohibited.
5. Defamatory statements may be prohibited. (In other words, the making of
such statements may constitutionally give rise to civil liability.)
However, if the target of t... 阅读全帖 |
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l****z
发帖数: 29846 | 9 On the evening of January 11, 1996, while Mitt Romney was in the final years
of his run as the head of Bain Capital, Barack Obama formally joined the
New Party, which was deeply hostile to the mainstream of the Democratic
party and even to American capitalism. In 2008, candidate Obama deceived the
American public about his potentially damaging tie to this third party. The
issue remains as fresh as today’s headlines, as Romney argues that Obama
is trying to move the United States toward European-... 阅读全帖 |
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l****z
发帖数: 29846 | 10 Lies, Damned Lies & The BLS Inflation Statistics
by Jim Quinn • July 20, 2015
Tweet about this on TwitterShare on FacebookShare on LinkedInPrint this
pageEmail this to someone
The government released their monthly CPI report this week. Even though it
came in at an annualized rate of 3.6%, they and their mouthpieces in the
corporate mainstream media dutifully downplayed the uptrend. They can’t let
the plebs know the truth. That might upend their economic recovery
storyline and put a crim... 阅读全帖 |
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g********2
发帖数: 6571 | 11 This past March, 17 attorneys general launched a coordinated effort to
investigate, pursue and prosecute companies, think tanks and other
organizations that say there is little credible evidence that human “
greenhouse gas” emissions are causing “dangerous” or “catastrophic”
manmade climate change.
The AGs said their targets’ actions constitute “fraud” – which they
described as using “polished public relations campaigns” to “muddle the
truth,” “discredit prevailing climate science,” and “mislead... 阅读全帖 |
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d********f
发帖数: 43471 | 12 https://www.brodenmickelsen.com/blog/why-polygraph-tests-are-not-admissible-
in-court/
If you watch any TV show about true crimes or a drama, you’ll often see
references to polygraph tests.
Given that the criminal justice system relies so heavily on people telling
the truth, many people wonder why lie detectors are not used routinely in
most cases.
However, in Texas as most states, polygraph results are not admissible in
criminal trials.
Although polygraphs are also called lie detectors, in real... 阅读全帖 |
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b*****d
发帖数: 61690 | 13 Which office do I go to get my reputation back?” -- former Labor Secretary
Ray Donovan.
No such office exists. There is no office where a person can go to get back
his or her good name after a lifetime of effort and achievement is destroyed
in a moment by unsubstantiated accusations. But under our system of justice
there is a place where an individual can go to seek redress and
accountability for accusations that destroy reputation. Judge Kavanaugh, you
have spent much of your adult life there –... 阅读全帖 |
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r********e
发帖数: 966 | 14 "2009年11月下旬至12月初，
李庄在看守所会见龚刚模时，诱导、唆使龚刚模编造公安机关对其刑讯逼供的供述，并
向龚宣读同案人的供述，指使龚推脱罪责。为使龚刚模编造的警方对其刑讯逼供的供述
得到法院采信，李庄引诱多名证人作伪证，并要求证人出庭作证。"
这个要是证据充分的话，实打实的伪证罪。老将们不要嚷嚷什么普世价值，这就是普世
价值。引一段美国的：
Rule 3.3 Candor Toward The Tribunal
(a) A lawyer shall not knowingly offer evidence that the lawyer knows to be
false. If a lawyer, the lawyer’s client, or a witness called by the lawyer,
has offered material evidence and the lawyer comes to know of its falsity,
the lawyer shall take reasonable remedial measures, includin |
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M*****l
发帖数: 4478 | 15 晕，这都什么啊。美国对诽谤的认定，对原告是非常苛刻的。因为有第一修正案。
教授的主页和教学行为是公开的。学生评价给的链接是教授的主页，讨论的内容是该教
授的职务行为。这里面学生完全可以argue教授在教学和科研领域属于public figure。
于是教授告学生，需要：
1. 证明这个ID是学生本人
2. 证明学生说的facts是错误的（必须用external facts证实，同行评议属于opinion
，不算）
3. 必须证明学生知道自己说的是错误的（即曾经将这些external facts给学生看过，
必须证明学生确实看到了，必须证明学生的确理解了）
4. 必须证明学生发帖是恶意的（malice），而不是督促faculty进步的善良动机。
如果3和4证明不了，alternatively，教授必须证明（show convincing evidence)学生
有足够的机会了解到自己的陈述是错误的，而且学生recklessly disregard the
falsity of the statement.
无论malice，还是recklessness，举证的难度堪比登天。
如果该教授成... 阅读全帖 |
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l******n
发帖数: 9344 | 16 题目是decision making的inference，需要根据给定的条件判断给出信息的可信度。有
点像GRE的逻辑题，但是思维过程不一样。
题目如下：
Statement:
Studies have shown that there is relatively much more heart
disease among people living in the north of England than
people living in the south of England. There is little if any
difference, however, in rate of heart disease between
northerners and southerners who have the same level of
income. The average income of southerners in England is
considerably higher than the average income of northerners.
Propose... 阅读全帖 |
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G***G
发帖数: 16778 | 17 support!
And please strenthen to verfity the receipt's falsity. |
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c*****r
发帖数: 8227 | 18 一个犹太的自白。希望你有耐心看完。
Why Are Jews Liberals?
By NORMAN PODHORETZ
One of the most extraordinary features of Barack Obama's victory over John
McCain was his capture of 78% of the Jewish vote. To be sure, there was
nothing extraordinary about the number itself. Since 1928, the average
Jewish vote for the Democrat in presidential elections has been an amazing
75%—far higher than that of any other ethno-religious group.
Yet there were reasons to think that it would be different in 2008. The main
one was ... 阅读全帖 |
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H****w
发帖数: 1632 | 19 California Unemployment Insurance Code Section 1257:
An individual is also disqualified for unemployment
compensation benefits if:
(a) He or she willfully, for the purpose of obtaining unemployment
compensation benefits, either made a false statement or
representation, including, but not limited to, using a false name,
false social security number, or other false identification, with
actual knowledge of the falsity thereof, or withheld a material fact
in order to obtain any unemployment compe... 阅读全帖 |
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S******a
发帖数: 2369 | 20 -End-
版主和今后的发帖人尤其注意第三条False Light.
In the United States today, "invasion of privacy" is a commonly used cause
of action in legal pleadings. Modern tort law includes four categories of
invasion of privacy:
1.Intrusion of solitude: physical or electronic intrusion into one's private
quarters.
2.Public disclosure of private facts: the dissemination of truthful private
information which a reasonable person would find objectionable
3.False light: the publication of facts which place a person in a fal... 阅读全帖 |
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p*********e
发帖数: 32207 | 21 请您给出法律上对reasonable belief = reasonable mistake allowed,
这一定义的出处.
我并非法律专业出身也没有受过相关训练,
但仅仅通过google,
http://definitions.uslegal.com/r/reasonable-belief/
"
Reasonable Belief exists, when there is a reasonable basis to believe that a
crime is being or has already been committed. In criminal law, similar to
the probable cause standard , it is a subjective standard used to validate a
warrantless search and seizure or arrest. And that considers whether an
officer acted on personal knowledge of facts and... 阅读全帖 |
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p*********e
发帖数: 32207 | 22 请您给出法律上对reasonable belief = reasonable mistake allowed,
这一定义的出处.
我并非法律专业出身也没有受过相关训练,
但仅仅通过google,
http://definitions.uslegal.com/r/reasonable-belief/
"
Reasonable Belief exists, when there is a reasonable basis to believe that a
crime is being or has already been committed. In criminal law, similar to
the probable cause standard , it is a subjective standard used to validate a
warrantless search and seizure or arrest. And that considers whether an
officer acted on personal knowledge of facts and... 阅读全帖 |
|
s*******e
发帖数: 3077 | 23 没去读那二十页的法官文件
但是据新闻通稿的解释大概是这样
"Plaintiffs identified disparaging statements accusing Joe Paterno of
enabling and concealing child sexual abuse and knowledge or reckless
disregard with respect to their falsity," Leete wrote. He said that although
the family did not meet a legal standard generally required in
disparagement claims, the requirement is lifted when the disparaging
statements are libelous. |
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l*******u
发帖数: 1288 | 24 确实，如果方舟拿不出证据证明韩寒作假，English common law可以宣布没有证据表明
韩寒作假，但是韩寒认为方舟有诽谤罪并要求赔偿，作为一个公众人物是有举证责任的
，依据是后面一句话：
Furthermore, to collect compensatory damages, a public official or public
figure must prove actual malice (knowing falsity or reckless disregard for
the truth).
注意the truth,韩寒必须拿出the truth,即他没有作假的铁证。 |
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S********5
发帖数: 753 | 25 这句话说得好像不是要拿出the truth吧？是说必须证明被告knowing falsity or
reckless disregard for the truth吧？方舟子的博客就是最好的证明啊，因为方拿不
出证据证明韩寒造假，而在自己博客把“韩寒有代笔”当做客观事实来传播，这不是诽
谤那什么是诽谤啊。 |
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h**o
发帖数: 1879 | 26 先贴再看。
http://en.wikipedia.org/wiki/Public_figure
Public figure
From Wikipedia, the free encyclopedia
Jump to: navigation, search
In United States law, public figure is a term applied in the context of
defamation actions (libel and slander) as well as invasion of privacy. A
public figure (such as a politician, celebrity, or business leader) cannot
base a sample on incorrect harmful statements unless there is proof that the
writer or publisher acted with actual malice (knowledge of falsity or
reck... 阅读全帖 |
|
|
c******n
发帖数: 455 | 28 ☆─────────────────────────────────────☆
hguo (Who+am+I?) 于 (Mon Apr 8 09:23:28 2013, 美东) 提到:
先贴再看。
http://en.wikipedia.org/wiki/Public_figure
Public figure
From Wikipedia, the free encyclopedia
Jump to: navigation, search
In United States law, public figure is a term applied in the context of
defamation actions (libel and slander) as well as invasion of privacy. A
public figure (such as a politician, celebrity, or business leader) cannot
base a sample on incorrect harmful statements unless... 阅读全帖 |
|
t******n
发帖数: 2939 | 29 ☆─────────────────────────────────────☆
l63 (l63) 于 (Fri May 24 02:08:51 2013, 美东) 提到:
我不是认为命题1是真.
我是根据逻辑和公理推导出了 "如果假设成立, 则命题1为真"
看不懂别乱给人扣帽子. 你倒是给论证论证, 我怎么就 "认为命题1为真" 了?
☆─────────────────────────────────────☆
l63 (l63) 于 (Fri May 24 02:13:43 2013, 美东) 提到:
那你得指出错在哪, 是不是?
你不能说 "我已经根据假设推导出命题1为真, 所以就不考虑命题2" 是错的吧?
☆─────────────────────────────────────☆
cyw (口令) 于 (Fri May 24 02:24:23 2013, 美东) 提到:
看你id怎么隐约看见了孙维？
☆─────────────────────────────────────☆
firearasi (firearasi) 于 (Fr... 阅读全帖 |
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b*s
发帖数: 82482 | 30 In United States law, public figure is a term applied in the context of
defamation actions (libel and slander) as well as invasion of privacy. A
public figure (such as a politician, celebrity, or business leader) cannot
base a lawsuit on incorrect harmful statements unless there is proof that
the writer or publisher acted with actual malice (knowledge of falsity or
reckless disregard for the truth).[1] The burden of proof in defamation
actions is higher in the case of a public figure.
A fairly h... 阅读全帖 |
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R******d
发帖数: 5739 | 31 http://en.wikipedia.org/wiki/Objectivity_(philosophy)
quote：
According to metaphysical objectivists, an object may truthfully be said to
have this or that attribute, as in the statement "This object exists,"
whereas the statement "This object is true" or "false" is meaningless.
According to the ethical objectivist, the truth or falsity of typical moral
judgments does not depend upon the beliefs or feelings of any person or
group of persons. This view holds that moral propositions are analogous t... 阅读全帖 |
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m****a
发帖数: 9485 | 32 在这篇文章下面看到很多人的评论，针对某些评论，一位从前的教友这样说道：
Let's not be all so disingenuous here. I will attest, I'm a former LDS from
about 30 years ago when I left (got involved in my youth) ---and never have
been hounded or ex-communicated or even threatened about it. My daughter and
her kids are all active members today and they don't try to brow beat me,
nor does any of those they're involved with at the church come and try to re
-indoctrinate me.
I simply do not believe as they do-- but I will attest, Mormons ar... 阅读全帖 |
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C***r
发帖数: 759 | 33 CHAP. 29.--OF THE FALSITY OF THE AUGURY BY WHICH THE
STRENGTH AND STABILITY OF THE ROMAN
EMPIRE WAS CONSIDERED TO BE INDICATED.
For what kind of augury is that which they have declared to
be most beautiful, and to which I referred a little ago,
that Mars, and Terminus, and
Juventas would not give place even to Jove, the king of the
gods? For thus, they say, it was signified that the nation
dedicated to Mars,--that is,
the Roman,--should yield to none the place it once occupied;
likewise, that on |
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E*****m
发帖数: 25615 | 34 要反進化論好歹要反人家相信的東西，自己樹立個稻草人打得不亦樂乎
做什麼?
拜託讀點書，讓別人有理由尊重你。
http://www.pbs.org/wgbh/evolution/library/faq/cat01.html
7. Is evolution a random process?
Evolution is not a random process. The genetic variation on which
natural selection acts may occur randomly, but natural selection itself is
not random at all. The survival and reproductive success of an individual is
directly related to the ways its inherited traits function in the context
of its local environment. Whether or not an individu... 阅读全帖 |
|
D*****r
发帖数: 6791 | 35 A SPEECH OF Mr. JOHN MILTON
For the Liberty of VNLICENC'D PRINTING,
To the PARLAMENT of ENGLAND.
______________________________________________________________
This is true Liberty when free born men
Having to advise the public may speak free,
Which he who can, and will, deserv's high praise,
Who neither can nor will, may hold his peace;
What can be juster in a State then this?
... 阅读全帖 |
|
D*****r
发帖数: 6791 | 36 Letters from the Earth
When the Creator had finished thinking, He said, "I have thought. Behold!"
He lifted His hand, and from it burst a fountain-spray of fire, a million
stupendous suns, which clove the blackness and soared, away and away and
away, diminishing in magnitude and intensity as they pierced the far
frontiers of Space, until at last they were but as diamond nailheads
sparkling under the domed vast roof of the universe.
At the end of an hour the Grand Council was dismissed.
They left... 阅读全帖 |
|
t*******r
发帖数: 2940 | 37 与认为客观事实本身是真理不同, Correspondence theory holds that the truth or
the falsity of a representation is determined in principle solely by how it
relates to "things＂,即对客观事实的正确认识和反映是真理，其实你是同意这个理
论。如果认为客观事实本身是真理，则任何理论都只是对真理的认识，而不能称为真理
，包括科学，包括对客观事实的认识，因为所有对客观的认识都建立在人的观测，理解
基础之上，不再全然是客观事实。 |
|
j*******7
发帖数: 6300 | 38 (The purpose of this page is to present quotations from scientists that
illustrate their recognition that the darwinian theory of evolution is bad
science.)
Interesting Quotations from Scientists on Evolutionism
Here are some of our favorite quotes by scientists speaking on the subject
of evolutionism. Note that many of these scientists are evolutionists
themselves, in spite of their comments. I suppose that they would maintain
that to admit that "God did it" would not be "intellectually satisfy... 阅读全帖 |
|
j*******7
发帖数: 6300 | 39 (The purpose of this page is to present quotations from scientists that
illustrate their recognition that the darwinian theory of evolution is bad
science.)
Interesting Quotations from Scientists on Evolutionism
Here are some of our favorite quotes by scientists speaking on the subject
of evolutionism. Note that many of these scientists are evolutionists
themselves, in spite of their comments. I suppose that they would maintain
that to admit that "God did it" would not be "intellectually satisfy... 阅读全帖 |
|
