(14) While Brown did not specifically decide to adopt any of these three approaches, Judge Posner nonetheless expressed concern over the Intermediate Approach
, which would allow dismissal of the complaint without prejudice and with leave to amend--so long as the amended complaint would not include any offending allegations that violated SLUSA.
After the passage of the PSLRA, there were three viewpoints: the Second and Third Circuits allowed allegations of motive and opportunity to deceive, manipulate, or defraud alone to satisfy the pleading requirement; (13) the Ninth Circuit did not consider allegations of motive and opportunity sufficient; (14) and the First, Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits employed what is known as the "intermediate approach
," allowing allegations of motive and opportunity to help show scienter, but not considering them sufficient in every case.
Despite its adherence to a categorical approach, the Fourth Circuit implied that the default method of analysis in making crime of violence inquiries was the intermediate approach
. (60) The court justified its application of the categorical approach on the fact that it could not assess the circumstances surrounding the instant escape offense by examining the indictment, as this document contained little informative content.
There are several approaches that the Treasury Department and IRS could take to achieve tax neutrality within the current provisions of the Internal Revenue Code: (1) treatment of the conversion as a redenomination; (2) treatment of the change as an involuntary conversion; or (3) an intermediate approach
, using functional currency concepts but requiring deferral of gains and losses.
I personally do not favor either approach and have tried to come up with an intermediate approach
that preserves the important social protections of the present Social Security System, does this in a financially prudent way without relying on OASDI equity investment, and still adds what I consider to be badly needed new savings for retirement.
Figure 2c illustrates an intermediate approach
which employs a stand-alone front-end for the millimeter-wave add-on receiver and interfaces data into the host system at the pulse descriptor word (PDW) level.
An intermediate approach
to internationalism is to develop a set of international standards acceptable to each local regulator.
Steiner obtained encouraging results with an intermediate approach
, whereby thermoplastic PEEK and polyethersulfone (PES) particles were dispersed in thermoset cyanate ester resin mainly in the interlaminar region between prepreg plies.
A quick check of the Pilot/Controller Glossary settles this by defining it as "that point of a procedure turn maneuver where course reversal has been completed and an aircraft is established inbound on the intermediate approach
segment or final approach course." So ATC wants to know when you're established on the inbound course with positive course guidance, not when you're maneuvering during the reversal.
A bit further afield might be getting close to HIXAR and then requesting, "heading 205 to intercept the intermediate approach
course." This is a legal 30-degree intercept inside the intermediate fix.
"Procedure turn inbound" should be reported, when requested, when the course reversal has been completed and the aircraft is established inbound on the intermediate approach
segment or final approach course.