capguy255

5 ms·

1.
by capguy255 4y ago
I would take that as at best an argument that originalism could be applied in edge cases where a law is ambiguous and hasn't been applied or tested before -- but that's a rare situation, even among appellate courts where truthfull
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by capguy255 4y ago
You seem to be trying to make my argument into a strawman, and throwing around words like "principle" and "politics" as though they are magic incantations that shut down debate. My argument is a) textualism and originali
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by capguy255 4y ago
How exactly does making historical, analogical arguments the center of judicial reasoning make the court LESS of a super-legislature? If nothing else, it makes the court MORE likely to be politically active so long as they can find a few ps
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by capguy255 4y ago
OP includes a link to a subset of reports of deaths from "non-natural causes" and then speculates based upon an absence of evidence. See also the below which describes a bunch of deaths including deaths from natural causes that ar
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by capguy255 4y ago
I've used communication compliance for various things and in short - if a communication flags on a policy set up by an admin, it generates an alert that is reviewed by an analyst. By default, the username and associated metadata are ma
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by capguy255 4y ago
Having used the comm compliance tool in m365 and other similar tech - a lot of the comments here seem to miss the point. "Leaver" IT policies are fairly common security practices to limit the risk that someone takes IP or customer
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by capguy255 4y ago
Then maybe don't invest in such funds or follow the index if you don't like it? There are tens of thousands of other investments to take your money to if you think it's a bad idea, and there are a whole lot of other indexes t
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by capguy255 4y ago
The unintended consequences of this seem off the charts. It's not clear what type of moderation is acceptable under the law. The law was designed to target big sites, but very little stops someone from registering tens of millions of u
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by capguy255 4y ago
This idea sounds great, until you come up against the realities of organizations that also demand "agile" methodology. Projects are typically organized with cross-functional teams that have to negotiate project requirements, timel
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by capguy255 4y ago
This stuff has happened before. It will happen again. I assume that you must believe that the violation of the nine person sacred debate club is far worse than any of the substantive consequences from the actual decision, right? Specificall
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by capguy255 4y ago
Roe v. Wade was an interpretation of the Constitution. You might not think it's the correct interpretation, but the decision itself is, in fact, an interpretation of the Constitution rather than a piece of legislation grounded only in
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by capguy255 4y ago
This is the same court that is very likely to find a "human right" to conceal a firearm, despite that premise being contrary to international norms and also contrary to legal historical in America. In short, America is soon going
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by capguy255 4y ago
Factually inaccurate. Your statement could be said about the political branches as well, given that direct elections didn't exist when the Constitution was originally drafted the Congress/President were appointed by state legislat
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by capguy255 4y ago
Hand-wringing about "process" is a POLITICAL argument designed to deflect attention from substance. It's an argument that politicians make to change the topic and not an appropriate argument for the courts. Stop trying to cha
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by capguy255 4y ago
You think it's a good thing that the judiciary is an ivory tower with absolutely no regard for public perception? These nine people are unelected and appointed to their positions for life. They are insulated from political pressure by
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by capguy255 4y ago
Recently moved to NYC from another city on the east coast. It is expensive to live here, but month over month rent is not excessively expensive depending on where you live. The more frustrating thing about living here is the peculiarities o
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by capguy255 5y ago
> Pardon my sarcasm, but Freedom of Speech is fundamentally tied to the right to be (reasonably) heard At least in small-l Enlightment liberalism, there is no such "right to be heard" except in the context that people have a ri
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by capguy255 5y ago
First, speech is not wholly "centralized" on private platforms. The purpose of platforms is to provide a centralized service for content, but platforms don't have the power to eliminate alternate forums for speech. There aren
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by capguy255 5y ago
You seem to operate under the presumption that content and culture generally can only be created on major platforms. Nothing stops creators from finding other spaces to post their content. It's what sub-cultures have done pretty much t
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by capguy255 5y ago
"if you're big and controversial, you essentially need DDoS protection, meaning you're dependent on the goodwill of a few big corporations." How is this any different than in the analogue world? If you want to rage again
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by capguy255 5y ago
I like this trend of cancel-"cancel culture" activists attempting to compel speech and showing their hand that this was never really about "free speech."
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by capguy255 5y ago
I'd argue that this is precisely an example of agile methodology. Document review isn't performed by high cost lawyers - it's performed by contractor lawyers who cost a fraction of that. On many matters, project managers are
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by capguy255 5y ago
These lawyers aren't full time employees who would be on the partner track. "Contract attorneys" are hired on a temporary, project by project basis to perform document review for discovery during lawsuits and investigations.