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I don't re- – I don't remember.
1clean
They said, they already determined it was in like eighteen different states.
1clean
So what're you getting at?
1clean
Did you just wash —
1clean
I kn- —
1clean
Oh oh I know.
1clean
I didn't even touch it.
1clean
I didn't touch anything.
1clean
Did you — did you put it in a trash bag?
1clean
I took that brown trash thing, and tucked a bag in it.
1clean
And then I put them in there.
1clean
We need a —
1clean
Do you have any sharp objects on you?
1clean
No I need like a little pin or something.
1clean
They got North America.
1clean
Because player thr- player three is aggressive, so he's gon na like go for everything.
1clean
Did I make him aggressive?
1clean
Yeah, you made him aggressive, so, he's gon na like, try to tear everything up now.
1clean
Wow, he wiped my ass out.
1clean
I'm gon na whip your butt.
1clean
So I hit okay?
1clean
So I get...
1clean
So you got ten, looks like sixteen.
1clean
The MSG in that Chinese food really got me high for a little bit.
1clean
Does MSG affect you?
1clean
It affects my mother.
1clean
Are you gon na attack over there?
1clean
I don't know.
1clean
That leaves me with thirteen.
1clean
I wan na fortify.
1clean
Oh, I got a set.
1clean
I got big armies, buddy.
1clean
I'm gon na conquer — I'm gon na conquer you.
1clean
He's giving you some problems over there.
1clean
I think I'll stop there.
1clean
I only have uh, that many cards, so...
1clean
I don't understand that.
1clean
Over the past three years, millions of Americans have struggled to pay rent, utilities, food, and many have been unable to pay their debts.
1clean
To head off immediate harm for student-loan borrowers, two secrataries across two administrations invoked the HEROES Act to suspend interest and payment obligations for all Americans with federally held loans.
1clean
So Secretary Cardona again invoked the HEROES Act to provide a measure of loan forgiveness to ensure that this unprecedented pandemic does not leave borrowers worse off in relation to their student loans.
1clean
The states ask this Court to deny that vital relief to millions of Americans, but they lack standing to seek that result.
1clean
They principally assert harm to a separate legal person, MOHELA, that could sue in its own name but has chosen not to do so, and the states' asserted harms to their tax revenues are self-inflicted and indirect.
1clean
On the merits, the states say the Act doesn't authorize the Secretary to ever forgive loan principal.
1clean
Congress expressly authorized the Secretary to waive or modify any Title IV provision in emergencies to provide financial relief to borrowers.
1clean
I welcome the Court's questions.
1clean
This appears at JA 261.
1clean
So the Secretary identified various provisions in Title IV that govern the terms and conditions of student loans and also govern discharge and cancellation in other circumstances, as your question suggested.
1clean
And I think the straightforward way to think about how the verbs map onto the Secretary's action is that he waived elements of those provisions that contain eligibility requirements for discharge and cancellation that are inapplicable under this program and then modified the provisions to contain the limitations that he had announced as part and parcel of announcing this loan forgiveness.
1clean
Now you had suggested that there's no express statement in the HEROES Act to discharge loan principal, and that's true, but the relevant and operative language here is the provision that says the Secretary is empowered to waive or modify any Title IV provision, and so the HEROES Act isn't enumerating any of the various forms of relief that have long been authorized and implemented under this statute.
1clean
I don't think anything can be read into the fact that there's no express reference to particular forms of relief because Congress was trying to broadly cover the field and ensure that the Secretary had the tools to respond to the national emergency with whatever relief might be necessitated.
1clean
But, in an opinion we had a few years ago by Justice Scalia, he talked about what the word "modify" means, and he said modified in our view connotes moderate change.
1clean
He said it might be good English to say that the French Revolution modified the status of the French nobility, but only because there's a figure of speech called understatement and a literary device known as sarcasm.
1clean
We're talking about half a trillion dollars and 43 million Americans.
1clean
How does that fit under the normal understanding of "modifying"?
1clean
So, of course, I recognize that in MCI, Justice Scalia's opinion adopted a narrower understanding of that term, but I don't read that opinion to set forth a universal meaning of "modify, "no matter the statutory context.
1clean
And, here, of course, we have a broader phrase, "waive or modify."
1clean
And I think, if you look at that phrase in the context of the statute, that means that "modify" has to mean making a change up to the point of wholesale elimination.
1clean
That to me suggests a much more focused use of the word.
1clean
So I think that that is the –
1clean
It doesn't say waive -- modify or waive loan balances.
1clean
And we have agreed to divide our time 20 20 20.
1clean
And I wish to start by clarifying a point of terminology, and it relates to the use of the term waiver of tort.
1clean
I take it this is a motion to strike.
1clean
It arose at first instance on a motion to strike.
1clean
And so I have -- there are really two main reasons I say why the proposed cause of action should be definitively ruled by this court, not to be sound at law.
1clean
And for those reasons, the commentators have opposed it.
1clean
It would put -- no other common law jurisdiction has even considered such a cause of action.
1clean
And fundamentally, I say it doesn't answer any unmet societal need.
1clean
So turning to the first point, which is the the incompatibility with the law of negligence, that law, of course, has been settled for close to 100 years, and it couldn't be clearer that breach of a duty of care without loss or injury does not give rise to a cause of action.
1clean
"A person who acts without reasonable care does no wrong in law.
1clean
He commits no tort.
1clean
He only does wrong, he only commits a tort, if his lack of care causes damage to the plaintiff."
1clean
And I say the court below proceeded on the basis that carelessness, failure to meet the standard of care, was wrongdoing.
1clean
But that is is exactly the opposite to what the law of negligence has told us.
1clean
To Feel Happier, We Have to Resolve to the Life We Evolved to Live
1clean
When humans had to hunt for food, they had to move more.
1clean
Sedentary lifestyles have made humans far less active than they need to be.
1clean
When we have to give a talk to a group of people, we feel anxious and experience the bodily fear responses that do not make sense now: The system is not meant to function in this safe context.
1clean
As a psychiatrist specialized in anxiety and trauma, I often tell my patients and students that to understand how fear works in us, we have to see it in the context where it evolved.
1clean
We evolved in a context of scarcity, and had to walk or run for miles and scavenge to find food; we had to work for it.
1clean
When we ate, we did not know when the next time would be.
1clean
None of these contained “easy” sugary calories.
1clean
The body that was prone to starvation, evolved to eat it all when available, and store it, and be stingy in its use.
1clean
Easy calories like soda and candies provide a very large amount of energy in a very short amount of time and confuse the whole system.
1clean
We end up fat and fatigued.
1clean
Our ancestors had to be active to survive in the wild.
1clean
They had to walk miles a day, and were frequently involved in high intensity physical activity: moving heavy objects, climbing, fighting, chasing a prey or fleeing predators.
1clean
This body did not evolve to sit at a desk eight hours a day, and then lie on a couch for the rest of the day munching on high calorie food, looking at a small or large screen.
1clean
Suboptimal muscle use leads to weaker joint support, and weird postures cause pain.
1clean
Pain leads to reduced activity, more obesity and weaker muscles; then comes opioid epidemic, overuse of pain medications, and back surgeries for all! [...]
1clean
When we adopt a pet, we learn about their normal environment, activity level and nutrition.
1clean
So I believe the first step is to understand ourselves, and why we do what we do, and desire what we desire.
1clean
When we crave fatty food, or can not stop eating, that is because the human animal had to do so to survive.
1clean
Such understanding brings empathy, reduces judgment and helps us get creative.
1clean
I tell my patients: do not buy it, or if you do, buy in small amounts.
1clean
We know that exercise is not only helpful for cardiovascular and bodily health, but also reduces anxiety.
1clean
I ask all my patients to commit to some level of exercise, as part of their treatment plan.
1clean
And it does not have to be treadmill or gym.
1clean
Other bonuses come with exercise: getting sun exposure or to know your neighbor when walking the dog, making new friends (or a date) at the gym, feeling better about yourself, and being more attractive to yourself and others.
1clean
All these factors lift your mood.
1clean