ABCLAW

63 ms·

571.
by ABCLAW 9y ago
>This is why our judges mostly do not get to tinker with the rules. They mostly don't tinker, not because they aren't allowed, but because rules are designed to capture the base case, so most cases are anticipated by the rules.
572.
by ABCLAW 9y ago
>We should ask our judges not to legislate from the bench Why not? This is a core facet of their job. The tug of war in law between flexibility and certainty is nothing new. In this case you've state the outcome should be either all
573.
by ABCLAW 9y ago
Judges that aren't on specialized tribunals aren't expected to, and mostly don't, know the law (because it's quite impossible) - they rely on the Barristers to inform them, then get their clerks to do some digging to see
574.
by ABCLAW 9y ago
Why? Equitable relief is precedent-setting, and derives from the basis of "whoa, our rules feel 'off', lets give this person a break". If you want the precedent to be narrowly used, you just write a ruling that makes it
575.
by ABCLAW 9y ago
Maybe Steven is right and the recent dip in perceived quality is an artifact of perceptions aggregated at scale as well as natural blips in process as certain scale markers are hit. Or, maybe many pieces of Apple s/w required a zealous
576.
by ABCLAW 9y ago
Isn't hard to figure out when you've only got one ion in the trap: https://www.physik.hu-berlin.de/de/nano/lehre/quantenoptik09... Heck, you can line up ions in a row and take pictures of those if y
577.
by ABCLAW 9y ago
I find Chomsky's critiques of US Imperialism to be fairly dry, lucid and unemotional. However, it is difficult to perform a critique of America's moral standing and not be accused of having a slant, regardless of the sufficiency o
578.
by ABCLAW 9y ago
This was the impression I got from reading the post as well. Organizations are distributed human reasoning systems. If your culture, personalities or incentives prevent people from sharing key insights, you are hampering your ability to exe
579.
by ABCLAW 9y ago
Feudalism is premised upon a ruling class providing their noble/warrior class with land holdings that they divide among a peasant class that labours, feeds and pays tithe to the noble/warrior and ruling classes in exchange for the
580.
by ABCLAW 9y ago
The (jurisdictions will have their own phrasing) 'demand' placed upon lawyers is that they are competent at the work they're doing. The magnitude of knowledge needed to push a company to become public or undergo a merger, to
581.
by ABCLAW 9y ago
1) The most common and most valuable injunctive relief in IP litigation is an injunction to have people stop using your special sauce. That's literally what they got in the settlement. 2) Because prior to the trial there would have bee
582.
by ABCLAW 9y ago
No, Uber wasn't likely to settle for more, monetarily. The manner in which damages are fixed for trade secret and patent infringement make the total damages difficult to assess until the product goes to market. Google would be hard pre
583.
by ABCLAW 9y ago
Settlement isn't an indication that both parties were unsure of the outcome of the trial; trials are never certain things. Settlement is the most common way civil litigation disputes are resolved. Trials are the anomaly. In this case,
584.
by ABCLAW 9y ago
The article is not a very comprehensive look at what's going on. The thread running through the comments - that the case Waymo had against Uber was flimsy - is questionable. You don't toss someone a few hundred million dollars bec
585.
by ABCLAW 9y ago
We already know the polymerase error rate is the dominant factor - Comparison between various different polymerase error rates shows differences in error rates span across a 6-7 orders of magnitude. http://www.jbc.org/conten
586.
by ABCLAW 9y ago
>Blockchain is great as a secondhand market for things like art as it allows the buyer and seller to both know that they have the original and it allows for a digital art Does it? Someone with a blockchain registered Rembrandt has a forg
587.
by ABCLAW 9y ago
His words, not mine. I agree with you.
588.
by ABCLAW 9y ago
Pinker explicitly removes these from his analysis, stating that including them is confusing and only serves to allow people to attach 'violence' to things they dislike, and that physical violence is a large enough topic for a book
589.
by ABCLAW 9y ago
Pinker does not argue that access to justice is increasing in Better Angels. He elaborates on the point of Rule of Law, which is related in concept but distinct. There's a few weaknesses in his statements re: the Rule of Law, but that&
590.
by ABCLAW 9y ago
1) It isn't hypocritical to ask someone to articulate why they don't agree with an assertion. 2) No, that's NOT how the burden of proof works. The initial presumption is that the moving party is speaking truthfully, and objec
591.
by ABCLAW 9y ago
Thanks for the response. My response is not based upon the 'relative violence' objection which some other writers have used. Put simply they have stated that violence does not scale linearly with population size, and that the type
592.
by ABCLAW 9y ago
I don't understand the objection; if resolving ethnic tensions was actively impeded by Tito's dictatorship, then the argument that violence was suppressed rather than resolved is untouched. The characterization of Tito himself isn
593.
by ABCLAW 9y ago
Entirely. The burden is placed upon the objector to have even a passing argument against the initially held position, otherwise you can raise infinite substance-less objections against an otherwise strong point and 'win'. This tac
594.
by ABCLAW 9y ago
This seems so open ended so as to be fruitless - We aren't going to peruse 300 page UNDP or 50 page CBA methodological reports to define the issue, then jump into the data sets themselves on this forum. But they exist, and they're
595.
by ABCLAW 9y ago
Thanks for the response. My qualm is a bit more involved than just the centralization of force. It has to do with whether or not the causes of violence are decreasing, or whether or not we're observing a temporary reduction in the over
596.
by ABCLAW 9y ago
Yugoslavia under Tito is a great example of a cauldron of economic and sectarian violence being temporarily held in check by a violent warlord. Given none of those issues actually got solved during his time, the complete disintegration of h
597.
by ABCLAW 9y ago
>Most of human history has been a state of relatively perpetual violent conflict. No it hasn't. Even the worst figured in Pinker's own cherry picked data show that's the case. Next, even if we jump fully onto the Hobbesian
598.
by ABCLAW 9y ago
>The fact that our current system is imperfect does not mean it isn't better than it was. Sure, but that's my point. Pinker makes an argument for "it is better" without actually delving into confounding measures of &q
599.
by ABCLAW 9y ago
1) The issue is that violence is a poor metric for progress. Pinker has made it clear that the description of declining violence is done in order to describe the improvement of the human plight, as most succinctly crystallized in the title
600.
by ABCLAW 9y ago
The issue isn't the 30k people dying in one set of crashes. It is the systemic issue caused if all of our transportation and shipping capacity went offline at the same time as all ICE refuel capacity in a nation was taken offline at th

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