To repeat, Australian orthodoxy is that fiduciary duties are only proscriptive
, and never prescriptive.
Surprisingly, the practice that triggered Voltaire's ridicule more than two centuries ago is nowadays invoked by courts and established fiduciary law scholars as the main justification for the onerous proscriptive
duties that bind persons occupying a fiduciary position.
It asserts the DOL rule is, "Unworkable" and "Will only harm smaller investors." Meanwhile, SIFMA president Ken Bentsen asserted again earlier this month, "The DOL has overreached" in this "costly, complex and very proscriptive
As a proscriptive
measure, the report suggested energy companies should begin plans to dig developing wells to offset the rate of decline.
No matter the starting place, the intentional practices described here can evolve a new mind-set, one in which a lack of judgment and detachment from proscriptive
goals can enhance our intuitive sense, or as Song puts it, our fluency in Nature Speak, the "mother tongue of all life and the foundation of interspecies communication." Song explains that this language is "the operating system for our minds and the basic lens through which we perceive our world."
Since then, the company has focused on building out the product's capabilities for a broader spectrum of applications including predictive and proscriptive
analytics, mobile and IoT analytics, and machine learning.
We think that's really important because sometimes specific regulatory guidance can be overly proscriptive
Bradford's Law does not provide a proscriptive
formula: journals can be moved in and out of Zone 1 to make the map fit the pattern.
These practitioners would be free to innovate, iterate, and otherwise define their nascent profession in a flexible environment, unhampered by overly proscriptive
rules and requirements but made safe through transparency and crowd-sourced assessment.
There are two leading accounts of fiduciary loyalty in this sense: proscriptive
accounts and prescriptive accounts.
In the past year we had had time to reflect on the first round of constitutional changes, and those involved in the drafting of the new texts were able to explain why in some instances the provisions were not proscriptive
as to how certain of their requirements were to be achieved, instead leaving an element of discretion and flexibility about matters of implementation.
Despite their proscriptive
moniker, SEPs are not a uniform or clearly identifiable category of patent.