[word=cases] [tag=","] [tag=PRP] □ □
[word=cases] [tag=","] [tag=PRP] [□] □
[word=cases] [tag=","] [tag=PRP] □ □ □
Following the rationale of Babcock v Jackson ( 12 NY2d 473 ) and similar cases , we hold that New Jersey law applies and that plaintiffs are precluded from relitigating its effect on the claims they assert . For such cases , we conceive that approximation of distribution curve by a more suitable function or a restricted cubic spline function [ 41 ] creates a workable situation . After review of the statutory intent of preserving families , coupled with the higher burden of proof for termination cases , we hold that the clear and convincing standard is appropriate to carry out the congressional policies of the ICWA in reintegrating the child into the child 's home . Those interests , while I would argue are largely compatible with a profit interest in most cases , we believe that promoting equal opportunity in employment is something that is very compatible with making a profit , but there 's also no denying that it is interest that is different than a purely economic interest in profit . Since the decision of OHDS to deny the requested deviation is reasonable and consistent with practice in prior cases , we find that the denial is not arbitrary or capricious . In many cases , they believe that they find a journalist , give that journalist the chance for widespread exposure on television - - and soon enough the balance has shifted , and the journalist is demanding big money and a big say in how the whole operation is run .