Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Shbobdb
Dec 16, 2010

by Reene
Knowing some people who have been hosed over because big business was able to ignore their patents and drop more cash than they could ever afford in court, I agree that the patent system is broken. But in the face of financial coercion, I don't think the right answer is to let the free market work it out. Instead we need a way to effectively enforce patent law in such a way that it doesn't favor the insanely powerful and wealthy against everyone else.

It's basically "The problems with Capitalism" and the answer isn't "Let's get rid of regulation to make things better!"

Adbot
ADBOT LOVES YOU

Shbobdb
Dec 16, 2010

by Reene

paragon1 posted:

There are totally unique aspects to being a white man in America. There aren't any unique problems that I can think of, but surely that in and of itself counts as a unique aspect?

Dude, we are the most oppressed demographic in existence. No White History month, Mother's day is a big deal but who cares about fathers day, prison rape, most prisoners are men, we don't get any tax breaks or special scholarships. It's hard out there man.

Shbobdb
Dec 16, 2010

by Reene

paragon1 posted:

Hey yeah, you're right! Security never follows us when we go into stores either! It's like they don't even care!

I'm gonna steal that and make it my go-to complaint. That is fantastic!

Shbobdb
Dec 16, 2010

by Reene
The whole, "They say you don't need a Union is your collar isn't blue/Well that is just another lie your boss is telling you!" thing never really took off in the US.

Shbobdb
Dec 16, 2010

by Reene

Demiurge4 posted:

Culturally unions are still strong though, again because of the benefits. Perhaps we need a thread for this, because I'd love to explore union history in the US and what could be done to strengthen them again in certain sectors. Americans could really use a strong teachers union, perhaps a wealthy philantropist could be convinced to fund the establishment of one?

They made a movie about that: Lex Luther's "Waiting for Superman"

Shbobdb
Dec 16, 2010

by Reene
All you need to do is look at the majority opinion to see that it is bullshit. It clearly fails the Lemon Test but in the opinion they said they weren't going to apply that because ~*~history and tradition~*~. That's fine but isn't that a big reason to have courts? For when "how things have always been done" goes against the law of the land so things can get corrected?

Shbobdb
Dec 16, 2010

by Reene
The 2ND amendment was included at the insistence of slaveholders. Provided it s for the right kind of person, I think both concealed and open carry are assumed under the original intent.

Thankfully, we aren't hidebound to interpret the constitution like 18th century slave holders.

Shbobdb
Dec 16, 2010

by Reene

Leon Trotsky 2012 posted:

Reminder: Clarence Thomas thought it was okay to have school administrators, not even cops, search a 13-year old girl's vagina with no warrent or any requirements if they believed she might be hiding contraband up there while on school property.

The lawyers for OPD should cite that case. "These officers were clearly conducting a lawful search using a sensitive tool calibrated for the job!"

Shbobdb
Dec 16, 2010

by Reene
Is Roberts really that weak willed/narcissistic? With Scalia dead and the majority readjusted he seems to have changed his mind on abortion so he can still be the deciding swing vote. I mean, it's a great thing for the court and for America, but still. . .

Shbobdb
Dec 16, 2010

by Reene
Conservatism is the pathological fear that someone, somewhere is happy.

Shbobdb
Dec 16, 2010

by Reene

Summit posted:

I struggle to see the difference in Democrats not filibustering because their ability to do so might get taken away and the filibuster not existing at all. What's the point of having the filibuster if it can never be used? If those are the options I'd rather they go down fighting and we can drop the pretense that the Republicans aren't in absolute control right now.

Optics, which is surprisingly important. Especially when it comes to mobilizing voters.

Then again, it's not like we need their votes anyway.

Shbobdb
Dec 16, 2010

by Reene

Evil Fluffy posted:

Considering we're going to get some Jim Crow 2.0 poo poo on a federal level over the next couple years... :sigh:

Don't worry. For every black vote we lose, we'll pick up two white suburban housewives!

:I'mwithher:

Shbobdb
Dec 16, 2010

by Reene

Hieronymous Alloy posted:

Ziiiiing, but the Constitution guarantees criminals a right to counsel. It does not guarantee the president a right to have unconstitutional actions defended.

It should be and I think it'd be pretty easy to expand the right to include that.

Plus, I'd much rather phoning-it-in-dude than a fire-breathing believer. He seems to be doing his legal due diligence (as any lawyer should) but he doesn't seem to be looking for creative ways to win the case.

Shbobdb
Dec 16, 2010

by Reene

Hieronymous Alloy posted:

edit: i need to take my calming medicine

Does the executive not have a duty to follow the law just because the courts issue final legal rulings? Is anything the President does legal until the courts say no? Can an attorney be actively complicit in the commission of crimes just so long as a court hasn't found them guilty yet?
Is "just following orders" an excuse to commit war crimes?
Do prosecutors have an ethical duty to not prosecute individuals they know to be innocent?

DoJ attorneys have an independent duty to act according to the Constitution. In fact, all government officials do!

A lot of our institutions are built on the idea of good faith actors. That's part of the problem we are encountering right now.

But, in short, yes. Assuming the Executive is acting in good faith, our system is designed such that his actions ought be viewed as legal until challenged. Prosecutors have to try and nail everyone, even people they personally suspect of being innocent, because that is their role in society. Can you imagine the reverse, where "guilty" people were refused defense?

I agree they have an independent duty to act according to the Constitution. But part and parcel with that is respective checks and balances.

Granted, a lot of these institutions are based on a gentleman's agreement with a heaping amount of white power, so when it gets abused, what can you expect?

Shbobdb
Dec 16, 2010

by Reene
Basically that. There aren't good counters to bad faith actors at multiple levels in the Constitutional system. Now that we've figured out ONE WEIRD TRICK it's pretty much a long slide into nothing.

Shbobdb
Dec 16, 2010

by Reene
Historically speaking, mass resignation by public servants doesn't work. It just enables the awful people they are resigning from to run hog wild. The Long March through the Institution doesn't work either, you become institutionalized. But institutionalized bureaucrats are neither nor. They have inputs and they have outputs. The society creating and surrounding those inputs/outputs may be deranged and insane. It may be evil.

But if the society is evil, and I believe the Trump administration is evil, I believe a rusty cog that slows the workings of the machine is far more damaging than a purposefully broken cog that can be immediately replaced.

There are arguments to be made for people of absolute necessity. I'm not big on the whole "Great Man" take on history but some people do mean more than others so when they say "gently caress no" it means something. But, even charitably, those "Great Men" insofar as they exist, aren't DoJ lackeys. So, we have to rely on rusty cogs, poorly calibrated, slipping cogs. That's where their power lies.

Shbobdb
Dec 16, 2010

by Reene

ToxicSlurpee posted:

The other thing worth noting is that people who resign get replaced.

If the people in power are awful they're going to fill those posts with awful people.

:thejoke:

Shbobdb
Dec 16, 2010

by Reene

WhiskeyJuvenile posted:

except for Alito, who is absolutely a Republican hack

Alito is a hack but he's less of a hack than Scalia was. Thomas isn't a hack but he may as well be since everything that falls outside of his bizarro-world jurisprudence lines up neatly with the Republican agenda.

Shbobdb
Dec 16, 2010

by Reene

EwokEntourage posted:

Alito is way more of a hack than Scalia. You could count on both of them to be reliable conservatives, but Scalia's focus on textual interpretations had a noticeable impact on judicial jurisprudence and at least gave Scalia some semblance of consistency, even if he would abandon it if it suited his purpose

Scalia went with Republicans 99% of the time and the 1% where he deviated were cases where Republicans didn't give a poo poo so he could maintain street cred.

Alito gave Obamacare a pass. He did it because his philosophy relies heavily on the Führerprinzip Unitary Executive but like Thomas (who is also a hack) he'll actually stick to his guns where and when it counts. It's just that you have to get to bizarro-world situations where it counts. Scalia, on the other hand, was very comfortable with cognitive dissonance where his theory would contradict itself as necessary to advance the desires of the Republican Party.

Apples and oranges.

Shbobdb
Dec 16, 2010

by Reene

evilweasel posted:

...no he didn't. Are you thinking of Roberts?

Yes.

Yes I was.

Though the citations by EwokEntourage are awesome. So at least something good came from my mistake.

Shbobdb
Dec 16, 2010

by Reene
I like how this thread is sincerely talking about ADMIRALTY LAW!

Shbobdb
Dec 16, 2010

by Reene
People complaining about a process that has been the norm since Action Jackson miiight be a little late to the game.

Adbot
ADBOT LOVES YOU

Shbobdb
Dec 16, 2010

by Reene
I don't think it would ever happen but throwing Trump under the bus and blaming failures of Republicanism on "Trump the man" is good strategery.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply