Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Daily Archives: December 12, 2019

What is the Difference between a Conclusion and a Fact?

Erichson, Howard M., What is the Difference between a Conclusion and a Fact? (August 1, 2019). Cardozo Law Review, Vol. 41, 2019, Forthcoming; Fordham Law Legal Studies Research Paper No. 3439489. Available at SSRN: https://ssrn.com/abstract=3439489 or http://dx.doi.org/10.2139/ssrn.3439489

“In Ashcroft v. Iqbal, building on Bell Atlantic v. Twombly, the Supreme Court instructed district courts to treat a complaint’s conclusions differently from allegations of fact. Facts, but not conclusions, are assumed true for purposes of a motion to dismiss. The Court did little to help judges or lawyers understand the elusive distinction, and, indeed, obscured the distinction with its language. The Court said it was distinguishing “legal conclusions” from factual allegations. The application in Twombly and Iqbal, however, shows that the relevant distinction is not between law and fact, but rather between different types of factual assertions. This essay, written for a symposium on the tenth anniversary of Ashcroft v. Iqbal, explores the definitional problem with the conclusion-fact distinction and examines how district courts have applied the distinction in recent cases.”

IEEE Computer Society’s Top 12 Technology Trends for 2020

PRNewswire – “IEEE Computer Society (IEEE CS) tech experts unveil their annual predictions for the future of tech, presenting what they believe will be the most widely adopted technology trends in 2020. Six of the top 12 technology predictions have been developed into peer-reviewed articles published in Computer magazine’s December issue, covering topics that include cognitive… Continue Reading

Facebook, Google Drop Out of Top 10 ‘Best Places to Work’ List

Bloomberg – “Big tech companies like Facebook Inc. and Alphabet Inc.’s Google, long seen as some of the world’s most desirable workplaces offering countless perks and employee benefits, are losing some of their shine. The Silicon Valley companies dropped out of the Top 10 “best places to work” in the U.S., according to Glassdoor’s annual… Continue Reading

TIME Person of the Year and others recognized

TIME Person of the Year: “Greta Thunberg began a global movement by skipping school: starting in August 2018, she spent her days camped out in front of the Swedish Parliament, holding a sign painted in black letters on a white background that read Skolstrejk för klimatet: “School Strike for Climate.” In the 16 months since,… Continue Reading

These 3 supertrees can protect us from climate collapse

Vox – But can we protect them? “Dozens of countries have extraordinary tropical forests, but three stand out: Brazil, Indonesia, and the Democratic Republic of Congo. These countries not only have the largest areas of tropical forest within their borders; they also have the highest rates of deforestation. We traveled to protected areas deep inside… Continue Reading