dctoedt

31 ms·

511.
by dctoedt 3y ago
> ... what Ershad did in Bangladesh: he changed the constitution from its original meaning, without going through the proper means for amending the constitution. Tangential: Seems analogous to changing code without changing the documen
512.
by dctoedt 3y ago
> If you hadn't already said you didn't work in tech, this would be the smoking gun that would clue us all in. Um, you should look up 'rayiner — he's now a lawyer but (from a former life) has better tech credentials
513.
by dctoedt 3y ago
Yes, courts have upheld unilateral amendments requiring arbitration; see the Halliburton [0] and Lizalde [1] cases discussed in the course materials. Class-action waivers in arbitration provisions have been upheld by the U.S. Supreme Co
514.
by dctoedt 3y ago
That's also OK, generally - see https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
515.
by dctoedt 3y ago
>> Unfortunately, interpretations of the Federal Arbitration Act by the US Supreme Court in recent decades have made it very clear that what they're doing is legal nationwide under US law, with or without an opportunity to opt o
516.
by dctoedt 3y ago
Your challenge to the premises isn't helpful. Sure, the parent comment poses a hypothetical question (and perhaps counterfactual), but it's clearly designed to probe the GP comment's reasoning.
517.
by dctoedt 3y ago
> It might be better for the median American to cut down those industries and shift the economic mix to industries that create more solid middle class jobs. Serious question: How, exactly?
518.
by dctoedt 3y ago
> Saying a short affirmation of loyalty to that entity once in a while seems pretty mild in comparison. Faux performative patriotism. You took the oath to support and defend the Constitution when you were admitted to the bar. That ough
519.
by dctoedt 3y ago
> all of those uncomfortable moments of having to perform some oath and pledge my allegiance ... FWIW, I seldom if ever say the Pledge of Allegiance — I took the oath to support and defend the Constitution many years ago when I joined
520.
by dctoedt 3y ago
Edit to my comment above: I have no quarrel with creative covers and often love them. Example: I like Counting Crows' version of "Big Yellow Taxi" better than Joni Mitchell's original. Taylor Swift's "Will You
521.
by dctoedt 3y ago
Relevant Reddit thread: "Why can't singers perform the national anthem without changing the melody? It's not just what happened on Sunday night football, it's literally every time someone performs the (American) national
522.
by dctoedt 3y ago
Adding a plug for Readwise.io - I was a longtime Feedly user but switched because Readwise is more capable. I'm a paying subscriber but otherwise have no connection to the company. https://readwise.io/
523.
by dctoedt 3y ago
> Chain-of-command portraits serve a practical, if minor, function And that function is that (for example) on a big Navy ship with thousands of sailors, the "lower ranks" might never have laid eyes on the commanding officer (
524.
by dctoedt 3y ago
> With MIT licensed software, sometimes you have software that you can't legally adjust (or help others adjust). Really? The MIT license explicitly allows you to "modify" the software without restriction. https:/&#
525.
by dctoedt 3y ago
Waivers aren't necessarily one-time in nature; they can be ongoing. Example: Many, many contracts explicitly say that any waiver of a contract right is only one-time, so as to rule out an argument by an opposing party that the waiver w
526.
by dctoedt 3y ago
> Trump practically made $4 billion today with the DWAC merger getting the nod to proceed. Your use of "practically" is doing a lot of work there ....
527.
by dctoedt 3y ago
> ... ample opportunity to amend the Constitution to say otherwise over those intervening centuries. That's true — but realistically it's well-nigh impossible to get the requisite 2/3 of the House and Senate and 3/4
528.
by dctoedt 3y ago
> It’s the most straightforward interpretation of the words actually on the page. That sounds like, everything not expressly allowed is forbidden ; Ninth and Tenth Amendments notwithstanding, that doesn't seem like an ideal way t
529.
by dctoedt 3y ago
That’s incorrect: Jury-trial waivers are routinely enforced. (California and Georgia won’t enforce advance jury waivers in state courts, as a matter of state law, not federal-constitutional law.) And there's also a thing called a &
530.
by dctoedt 3y ago
But unitary-executive is an aggressive interpretation of the words "the executive Power shall be vested." It's certainly plausible to say that "executive Power" means "such powers as are given by Article II o
531.
by dctoedt 3y ago
In the mid-1980s there was a commercial Emacs workalike (on floppy disks) for the IBM PC, called The Final Word, later acquired by Borland and renamed Sprint. For printing, it featured a workalike of Scribe, an early text markup language an
532.
by dctoedt 3y ago
Hitler was convicted. Democracy ≠ mob rule.
533.
by dctoedt 3y ago
On the contrary: What you call "lawfare" is actually one of democracy's first lines of defense against Pied Piper wannabe dictators. Just imagine: What if Hitler hadn't been on the German ballot in 1932 because of his fa
534.
by dctoedt 3y ago
> So the real question is whether the founders intended that business owners would be deprived of those rights merely because of the legal structure of their business. No, the real question is whether the framers intended to prohibit p
535.
by dctoedt 3y ago
Courts have also routinely said that you CAN sign away your rights, i.e., waive them; courts enforce waivers every single day.
536.
by dctoedt 3y ago
> We don't get to label a group of citizens and then get to violate their rights because we labeled them. "We" aren't labeling the citizens, they're doing so themselves. The default mode is that people are sub
537.
by dctoedt 3y ago
> Democrats rushing to the right on immigration recently in response to public opinion Hardly. They're "rushing to the right" to try to get the intransigent House GOP to approve more military- and humanitarian aid to Ukr
538.
by dctoedt 3y ago
I think you missed my point: In 1945, western Europe and Japan were largely in ruins, so they could rebuild with then-modern technology and not be held back by the curse of the installed base. (What have you got against being happy?)
539.
by dctoedt 3y ago
> how much as South Korean society managed to advance in the 50 years compared to “happy America?” It's apples and oranges. Compared to the U.S., how much did western Europe and Japan advance in the half-century preceding 2000, r
540.
by dctoedt 3y ago
I've found what could be called the SPUR agenda to be useful: Status; Plans; Uncertainties; Risks.† † As I understand it, in economics, "uncertainties" are things that simply can't be known; "risks" are thing

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