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| | Recklessness (criminal) - Wikipedia, the free encyclopedia |
 | | In the criminal law, recklessness (sometimes also termed wilful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for "guilty mind"). | | | Criminal law recognises recklessness as one of the mens rea elements to establish liability. | | | Cunningham (1957) 2 AER 412 in which the definition of 'maliciously' for the purposes of the Offences Against The Person Act 1861 was held to require a subjective rather than objective test when a man released gas from the mains while attempting to steal money from the pay-meter. |
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http://en.wikipedia.org/wiki/Recklessness_(criminal)
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| | Schick v. Ferolito(2001) * New Jersey |
| | The appellate court held that the recklessness standard of conduct was appropriate, and affirmed the lower court's summary disposition. | | | Unless the recklessness standard is applied strictly by the courts, costly and protracted litigation may become the norm. | | | The Court finds that this case presents a question of recklessness that is properly for a jury to determine. |
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http://www.claimrep.com/laws/cases/NJ/caseNJSchick.htm
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| | [No title] |
| | The meaning of recklessness was considered by the High Court in Crabbe (1985) 156 CLR 464, BFW 492, BWW 159. | | | Secondly, the High Court suggested that the term "reckless" should not be used in the trial judge's direction to the jury as it is liable to confuse. | | | The Federal Court held that although the section refers to "reckless indifference to human life", it is immaterial whether the defendant was indifferent to the risk. |
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http://law.anu.edu.au/criminet/tmensrea.html
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| | Mens rea - Wikipedia, the free encyclopedia |
| | recklessness sometimes termed willful blindness which may have a different interpretation in the United States; or | | | It should be noted that under the MPC, barring contradictory statutory language, recklessness is the minimum mens rea that will lead to criminal liability. | | | Here, the test is both subjective and objective. |
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http://en.wikipedia.org/wiki/Mens_rea
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| | Janas v. McCracken (In re Silicon Graphics Inc. Securities Litigation) |
| | Because the substantive law allows liability for recklessness, it follows that plaintiffs must be allowed to plead that the defendants acted recklessly. | | | Thus, although the Court determined that intent is required under S 10(b), it reserved the question of whether recklessness alone could constitute sufficient circumstantial evidence of intent. | | | I respectfully dissent from the majority's holding that (1) the Private Securities Litigation Reform Act (the "Reform Act") eliminated recklessness and motive and opportunity to commit fraud as bases for establishing scienter under S 10(b) and Rule 10b-5, and (2) the allegations of scienter in Brody's complaint were insufficient to survive a motion to dismiss. |
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http://lw.bna.com/lw/19990713/9716204.htm
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| | The role of recklessness in rape - Opinion - smh.com.au |
| | Recklessness was the real issue in the case. | | | Odgers replied that might well be the case, but a failure to do so could well give rise to a liability of 14 years' imprisonment. | | | Skip directly to: Search Box, Section Navigation, Content. |
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http://www.smh.com.au/news/Opinion/The-role-of-recklessness-in-rape/2005/05/26/1116950819087.html
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| | [No title] |
| | Lord Diplock’s words are essentially an attempt to define recklessness in Criminal Law in order to settle once and for all the confusing and often misleading divisions which have existed in the common law. | | | In fact, Caldwell recklessness only applies to reckless driving and death by reckless driving, criminal damage, and other statutory offences where “reckless” is used. | | | But, I believe that this constitutes negligence as opposed to recklessness, as was the case before Caldwell, and so Smith and Hogan’s submission that the correct solution is to revert to the Cunningham test, which was “trouble free” is, I believe, right. |
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http://members.lycos.co.uk/phillipmorris/criminal_law.htm
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| | Updates, Criminal Law |
| | Although the early influence of Caldwell, in begetting a supplemental test of recklessness based on whether the defendant failed to give thought to a risk because he was indifferent to it, should now be discredited, the statement of the test in G differs from that in B v. | | | Lords Bingham and Steyn, however, went further and buttressed their reading with a moral argument: one who commits an actus reus inadvertently may not be, or at least may not clearly be, sufficiently blameworthy to warrant conviction and/or punishment for a serious crime: | | | The key proposition in G is that, as a matter of statutory interpretation, the House of Lords in Caldwell misconstrued section 1 of the Criminal Damage Act 1971 and failed to give effect to the meaning of "reckless" that Parliament intended. |
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http://www.hartpub.co.uk/Updates/upcrimlaw_reck.htm
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| | [No title] |
| | Here the recklessness is not as to a consequence or as to a circumstance but as to the manner in which the act, driving, was performed. | | | These are standard definitions of subjective recklessness as to a circumstance and as to a consequence but he prefaced these definitions by saying that they applied for the purposes of the Criminal Damage Act. | | | an objectively reckless one] may fairly be accused of stupidity or lack of imagination, but neither of these failings should expose him to conviction of serious crime or the risk of punishment.’ Rape is a serious crime; the maximum punishment is life imprisonment. |
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http://booksites.net/download/fsls/student_files/jefferson/update_Aug04.doc
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| | [No title] |
| | Accordingly, evidence of recklessness based on civil law and liability violations is not relevant to prove intent in a criminal prosecution. | | | A careful review of Ninth Circuit authority reveals that the recklessness concept in fraud cases arose, and is well-established, in the context of proving an accused's knowledge of the falsity of his representations, not as a substitute for the independent and essential element of specific intent to defraud. | | | One who acts with reckless indifference as to whether a representation is true or false is chargeable as if he had knowledge of its falsity. |
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http://www.dcfpd.org/motions/alaska/exclude/civilvio.htm
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| | Boston.com / News / Local / Conn. / Former altar boy accuses church officials of recklessness |
| | New York Cardinal Edward Egan, who will testify in a deposition in the case later this month, is likely to provide further support for the new reckless claim, according to the attorney for the former altar boy. | | | "Plaintiff has just learned of critical evidence that now supports a recklessness claim against the diocese," lawyer Paul Slager wrote in court documents. | | | Egan is scheduled testify on Jan. 27, just days before the trial starts. |
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http://www.boston.com/news/local/connecticut/articles/2005/01/13/former_altar_boy_accuses_church_officials_of_recklessness
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| | A Stitch in Haste Is "Recklessness" Like Obscenity? |
| | Speeding is not necessarily reckless, even at 128 mph, a judge ruled in the case of a motorcyclist who tried to flee from state troopers. | | | What's reckless is that they guy was fined for driving without insurance. | | | Having owned and operated a motorcycle, 128 mph is patently ridiculous and reckless under uncontrolled circumstances (not closed-course racing). |
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http://kipesquire.powerblogs.com/posts/1134062116.shtml
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| | CRIMINAL LAW (ESAU) OUTLINE #9 |
| | But the reckless knowledge must be as to the material element of the offence, in this case importing narcotics. | | | -When an offence requires intention or knowledge (recklessness not enough) the Ontario Court of Appeal has associated wilful blindness not with recklessness but with actual knowledge. | | | Did he advert to the risk that he might be importing narcotics, or was his advertence |
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http://www.umanitoba.ca/faculties/law/Courses/esau/criminal/chap9.html
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| | Gun recklessness should be a crime |
| | Levitt faces at least one charge herself: reckless endangerment, a gross misdemeanor carrying a maximum penalty of a year in jail and a $5,000 fine. | | | One of the reasons commonly given for legislators repeatedly blocking a bill to punish adults for unsafe storage of firearms is that the existing reckless endangerment law is sufficient to protect children. | | | It may also make the case that existing law is deficient. |
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http://seattlepi.nwsource.com/opinion/127226_kidguned.html
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| | Does recklessness satisfy the scienter requirement? (criminal intent requirement) (Accountants' Liability) |
| | Recent case law has held that recklessness can satisfy the scienter or criminal intent requirement necessary to establish liability. | | | However, in a case subsequently decided by a district court within the Second Circuit, Mishkin v. | | | The U.S. Court of Appeals for the Second Circuit has held that recklessness is sufficient to establish scienter if the alleged aider and abettor owes a fiduciary duty to the defrauded party. |
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http://www.nysscpa.org/cpajournal/old/08033856.htm
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| | Recklessness at issue in vegan couple's child starvation |
| | KEW GARDENS, N.Y. Court TV) — As they began deliberations Wednesday, jurors in the case of a vegan couple accused of nearly starving their daughter to death, could pore over hundreds of pages of hospital records, examine family snapshots and debate the accounts of many witnesses who testified during the three-week trial. | | | Wills, Divorce, Incorporation & More: Fast and friendly service from LegalZoom, the #1 online legal document service. | | | The felony assault and reckless endangerment charges that could send the couple to prison for 25 years do not require the prosecution to demonstrate criminal intent, only a high degree of recklessness in their behavior. |
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http://news.public.findlaw.com/court_tv/s/20030402/02apr2003193342.html
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| | Recklessness - Wikipedia, the free encyclopedia |
| | a legal term describing a person's state of mind when allegedly committing a criminal offence: recklessness (criminal) | | | a state of mind in which a persons acts without caring what the consequences may be: recklessness (psychological) | | | This is a disambiguation page: a list of articles associated with the same title. |
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http://en.wikipedia.org/wiki/Recklessness
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| | Celebrity Bathwater » Recklessness |
| | In February 2002, the actress pleaded no contest to reckless driving and was sentenced to probation and ordered to pay a fine. | | | Tucker, 33, spent about 30 minutes in a McDuffie County lockup before posting cash bond and being released. | | | Posted in General, Recklessness, Ruinous, Incompetence, B-list, Um? |
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http://www.celebritybathwater.com/category/recklessness
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| | FEAR AND RECKLESSNESS ARE OLD BEDFELLOWS |
| | To get rid of the rights of citizens to privacy, the laws of habeas corpus, and a number of other protections that the "hang them high" brigade of the NNP demand, will require changes to the Constitution. | | | Recklessness with the facts; recklessness with voter perceptions; recklessness about the future that all parties must share once the dust of the elections has settled. | | | These are just a few examples of the demagogy and reckless policy proposals that the opposition parties are trumpeting in the hustings. |
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http://www.anc.org.za/ancdocs/pr/1999/pr0513e.html
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| | The voting machine case: Force & recklessness - PittsburghLIVE.com |
| | Now that the state Supreme Court has cleared the way for Westmoreland County to buy new electronic voting machines, the mad dash is on to have a system in place by the May 16 primary. | | | The voting machine case: Force & recklessness - PittsburghLIVE.com | | | The means by which free citizens exercise a precious right must not be infringed. |
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http://pittsburghlive.com/x/tribune-review/opinion/archive/s_429629.html
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| | deseretnews.com Recklessness taking big toll on U.S. aircraft |
| | The pilot in Afghanistan, Chief Warrant Officer 3 Darrin Raymond Rogers, 37, of Mililani, Hawaii, pleaded guilty last week at his court-martial to charges of negligent homicide, reckless endangerment, property destruction and failure to obey orders. | | | Air Force crews are encouraged to announce, "Knock it off," when a pilot begins to fly unsafely. | | | Reckless accidents, which happen every year, frustrate senior military commanders because these typically occur during training flights and are considered easily avoidable. |
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http://deseretnews.com/dn/view/0,1249,600132445,00.html
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| | Recklessness |
| | The courts recognise two distinct types of recklessness : subjective or objective. | | | Criminal damage is a modern statute that uses the term reckless instead of malicious so he could no longer rely on the older concepts. | | | case: Diplock LJ looked at the dictionary definition of reckless and careless. |
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http://www.kirstygriffiths.ch/Law-tort-recklessness.htm
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| | RICO Recklessness |
| | Home > Aetna Issues > Legal Issues > What Others Are Saying > RICO Recklessness | | | In Jersey City, N.J., my neighborhood had drug pushers, numbers runners, loan sharks and a convicted bookmaker as mayor. |
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http://www.aetna.com/legal_issues/saying/rico.html
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| | Vagarog, Demon Prince Of Recklessness |
| | Djinn serving Vagarog have the ability to tell whether or not an object of their atunement will be injured or killed as a result of a reckless action within 24 hours. | | | Note: GMs should use their own judgment about what constitutes a 'reckless' act. | | | As the favored servants of Vagarog, these Calabim are granted increased 'control' (if such a term can be used) over the recklessness that is entropy. |
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http://www.sjgames.com/in-nomine/articles/INChar/Demons/Prince.Vagarog.html
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| | RECKLESSNESS |
| | He has all the knowledge necessary for actions at law. | | | Recklessness is the hardihood to do shameful things in word and deed. | | | The reckless man takes an oath on the spur of the moment, can bear abuse and give it, n manners a huckster, obscene and fit for anything, the kind of fellow who will in his sober senses dance any unseemly dance in a comedy, without a mask. |
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http://www.awakenings.com/theoph/theoph15.html
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| | 9th Circuit Opinion |
| | In spite of this, a panel of this court has now decided that it | | | reckless conduct of the issuers of securities to obtain | | | Graphics panel issued its opinion, the Eleventh Circuit has |
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http://www.ca9.uscourts.gov/coa/newopinions.nsf/04485f8dcbd4e1ea882569520074e698/7aee2b00d71b7f7888256e5a00718428?OpenDocument&Highlight=2,97-16204
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| | Zhuangzi [Internet Encyclopedia of Philosophy] |
| | Nevertheless, it is stated that he did not succeed in getting it all. | | | Zhuangzi’s philosophy is here characterized as "vast," “vague,” “outrageous,” “extravagant,” and “reckless”; he is also recognized for his encompassing modes of thought, his lack of partisanship, and his recklessness is acknowledged to be harmless. |
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http://www.iep.utm.edu/z/zhuangzi.htm
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| | JOAN M. BLISS, &C., et al. v STATE OF NEW YORK ET AL - Legal Case Documents |
| | The Court of Claims granted defendants' motion for summary judgment, holding that a recklessness standard applied because the truck was "actually engaged in work on a highway," and that claimant had failed to present sufficient evidence of recklessness. | | | Claimant George Bliss brought this personal injury action, arising out of an October 20, 1995 accident caused by a New York State Thruway Authority (NYSTA) truck driven by John Lawler. | | | Claimant's evidence demonstrates that Lawler backed his truck, which |
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http://www.legalcasedocs.com/120/248/410.html
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| | Markets Won't Tolerate Fiscal Recklessness |
| | This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. | | | The markets won’t tolerate the fiscal recklessness and heavy debt the White House has embraced. | | | Even the CEO economy is bound to stumble. |
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http://home.earthlink.net/~acisney2/id65.html
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| | Jayson Blair and Judith Miller Journalistic ethics, hypocrisy and war at the New York Times |
| | What would seem unusual in Blair’s case, given that the charges made by the Times are true, is the level of recklessness that opened him up to exposure. | | | One is forced to evaluate this conduct now, however, in the light of the extraordinary response of the Times, which chose to make Blair’s case a world event, dropping the journalistic equivalent of a fuel-air explosive on him. | | | An unfortunate atmosphere of sensationalism combined with a competitive environment and largely superficial writing create conditions where such conduct can occur. |
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http://www.wsws.org/articles/2003/may2003/nyt-m13.shtml
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| | Cupid's aim is unerring, so why don't we sue for recklessness? |
| | Cupid's aim is unerring, so why don't we sue for recklessness? | | | Your car donation helps build homes for families in need. | | | It's Valentine's Day, Prince Charles is going to marry the other/older woman, and as of Friday, withoutreservations.biz still had a few offerings: $40 for a 10 p.m. |
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http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/02/14/DDG23B9REJ1.DTL
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| | New York Daily News - Home - Lives shattered by recklessness |
| | All contents © 2006 Daily News, L.P. Disclaimer and Copyright Notice | | | These stories were reported and written by Daily News staff writers: | | | New York Daily News - Home - Lives shattered by recklessness |
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http://www.nydailynews.com/front/story/318586p-272449c.html
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| | Recklessness |
| | Furthermore, recklessness can also be a disregard for the safety of others, such as "reckless driving", and this type of recklessness is almost universally condemned. | | | However, recklessness is more commonly regarded as a vice - this same soldier may be a liability to his own side, or get himself killed for no benefit. | | | Although the two are related, the latter word is usually applied to cases where a person displays a more reasonable level of fear, rather than none at all. |
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http://www.teachersparadise.com/ency/en/wikipedia/r/re/recklessness.html
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| | CHAPTER X |
| | Recklessness is an irresponsible and intrinsically passive optimism, looking for pleasant experiences and not for deeds. | | | But, as a matter of fact, there is no recklessness when someone looking for adventures prepares for them and undertakes them responsibly. | | | The state Socialist education taught obedience to the ideology and to the government, execution of precisely defined tasks, and political passivity. |
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http://www.crvp.org/book/Series04/IVA-19/chapter_x.htm
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| | recklessness - definition of recklessness by the Free Online Dictionary, Thesaurus and Encyclopedia. |
| | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. | | | But they were in a state of frenzy, perhaps because of forgotten vanities, and it made an exhibition of sublime recklessness. | | | Foolhardy implies injudicious or imprudent boldness: a foolhardy attempt to wrest the gun from the mugger. |
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http://www.thefreedictionary.com/recklessness
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| | Recklessness - WoWWiki |
| | Recklessness is a self-buff, that costs 0 Rage. | | | With that kind of timer, it pays to carefully conisder which of the three is most appropriate for a given emergency. | | | It increases the Warrior's Critical Change to 100%, increases Damage Taken by 20% and grants immunity to Fear effects. |
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http://www.wowwiki.com/Recklessness
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| | Recklessness Cartoons |
| | Related topics: car accidents, car accident, repairs, repair, driving, cars, car, driving carelessly, recklessness, reckless, carelessness, drivers, driver, self-interest, selfishness, customers, customer, | | | Copyright in this image is owned by the original artist, rights to reproduce or use the image may be obtained from www.CartoonStock.com. | | | Related topics: cash, throwing money away, spendthrift, profilgate, profligates, carelessness, recklessness, |
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http://www.cartoonstock.com/directory/r/recklessness.asp
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| | Unit 21: Non-recklessness in the Dhamma |
| | If anyone comes to persuade you to do something good, you chase them away and eventually, you never bother to go to the temple any more until they carry you in feet first. | | | Don’t go borrowing without knowing when you will be able to pay it back. | | | We cannot be reckless, because even though we may be a good person these days, in our childhood, when we didn’t know, we did a lot of bad things without realizing it. |
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http://www7.brinkster.com/thai072/mongkhol_eng/eng21.htm
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| | Thottbot World of Warcraft: Recklessness |
| | Recklessness wins for single target damage, Retaliation for multi-target damage. | | | A well-placed Goblin Sapper Charge during Recklessness can be devastating. | | | Besides the fact that you have to be in different stances for Retaliation and Recklessness and that swapping stances loses either of them and ESPECIALLY that Retaliation and Recklessness use the same 30min cooldown timer? |
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http://www.thottbot.com/?sp=1719
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| | Recklessness? |
| | I think flames and reckless personal attacks are actually themselves a pretty large risk to patients, because of the risk of loss of funds due to legal actions, the risk of legislators trying to "protect" the public from "fraudulent" cryonics providers, and the risk of increased secrecy and disharmony between the various cryonics groups. | | | But flames aren't any way to do that - quality management, standardisation of procedures, peer-review and accreditation schemes, education of regular medical personnel and so on - these are ways to do that. | | | So please explain this to me - I'm not involved in any of these organisations, neither in their administrations nor even signed up - what are you trying to achieve here? |
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http://www.cryonet.org/cgi-bin/dsp.cgi?msg=5442
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| | "Have You No Sense of Decency": The Army-McCarthy Hearings |
| | Welch talks about this being cruel and reckless. | | | Little did I dream you could be so reckless and cruel as to do an injury to that lad. | | | If it were in my power to forgive you for your reckless cruelty, I will do so. |
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http://historymatters.gmu.edu/d/6444
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| | Telegraph Arts On the edge of recklessness |
| | Beneath the conventions of the well-made play - and few plays are better made than Ibsen's - there is a reckless willingness to push the boundaries and risk the preposterous. | | | Again and again, he seems to anticipate Freud in both his symbolism and the repressed sexuality that surges through his work. |
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http://www.telegraph.co.uk/arts/main.jhtml?xml=/arts/2003/06/20/btmast20.xml&sSheet=/arts/2003/06/20/ixartright.html
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| | ABC News: Column: Recklessness Miller's Worst Enemy |
| | This should not be news, at least not to Miller, least of all now. | | | The recklessness that makes him the most dangerous skier on the planet is the same thing that makes Miller his own worst enemy. | | | The genius that enabled him to survive one close call after another is the same thing that lures him out onto the edge again and again. |
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http://abcnews.go.com/GMA/WinterGames2006/wireStory?id=1619222&CMP=OTC-RSSFeeds0312
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| | Jeremiah (WebBible Encyclopedia) - ChristianAnswers.Net |
| | This was done by Baruch his servant in his stead, and produced much public excitement. | | | In his recklessness, the King seized the roll, and cut it to pieces, and cast it into the fire, and ordered both Baruch and Jeremiah to be apprehended. | | | Jeremiah procured another roll, and wrote in it the words of the roll the king had destroyed, and "many like words" besides (Jer. |
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http://www.christiananswers.net/dictionary/jeremiah.html
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| | Arianna Online Forums - Kerry's recklessness disrupted Vietnam missions, former commander says |
| | Former commander weighs in as part of group claiming Democratic candidate embellished war record. | | | Meanwhile, President AWOL is STILL sinking in the polls, STILL has nothing to offer, and is STILL a corrupt, dishonest, murderous failure. | | | Yeah I know Tayken, but like the AWOL thing, the past is sometimes a waste of time. |
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http://www.ariannaonline.com/forums/printthread.php?t=9413
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| | Loading... |
| | To make matters worse I also heard a radio interview where the announcer claimed to be talking to an eyewitness, but as it turned out, the so-called "Eyewitness" was in an internet café during the bombings, but had heard from a taxi cab driver that there were casualties. | | | Please stop being reckless about the lives of innocent people. | | | Angles of death like Al Qaeda are so structured and organized that they've labeled themselves as fighters for human rights, while they are only ravishers. |
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http://aawsat.com/english/news.asp?section=2&id=953
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| | The Recklessness of Power - Rabbi Berel Wein - 5761 |
| | The drive for power is so strong that recklessness becomes the accepted method of behavior. | | | The Recklessness of Power - Rabbi Berel Wein - 5761 | | | But he is desperately trying to play out a role in history, which is after all the greatest bestower of power. |
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http://www.yerushalayim.net/torah/rwein/5761/011201.htm
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| | The Fiscal Recklessness of the Bush Administration by Charley Reese |
| | The fiscal recklessness of the Bush administration's economic policies, if you can dignify them with that name, presents a greater danger to the American people than terrorists. | | | And yes, oh Lord, I wish there were a different choice. | | | But for the sake of economic survival, we'd better send Bush back to his comfortable life in Texas, lest his reckless policies make the lives of the rest of us uncomfortable in the extreme. |
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http://www.lewrockwell.com/reese/reese118.html
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