There is no right or left. It's uniparty all the way down. Trump has single-handedly upset it and its glorious to watch. — NOS4A2
It is easier on the ego of those of Trumps' critics to say that Trump has "mislead" or "deceived" people than to consider the possibility that many people already are that way, with or without Trump. — baker
Your facts are appeals to authority. Deep down you know how obsequious it is. — NOS4A2
What's more, those who suffer from mental disorders may not be insane, but could be individuals in the purest sense, because they are by nature isolated from society." — Vaskane
Conviction can't be required, because insurrection isn't a crime (Congress has passed no law against engaging in insurrection). Nevertheless, the 14th Amendment spells out a penalty for engaging in it: ineligibility for office.
You may be right that the Justices will find some procedural excuse, but they need the ruling to apply to all states - not just the specific issues with the Colorado decision. That seems tougher. — Relativist
They are not simply biased tribalists either, as is evidenced by how they cut ties with or get rid of those who no longer serve their cause. — baker
In theory, originalism is committed to interpreting the Constitution according to its original meaning as it was understood at the time of adoption. This should lead to legal outcomes that liberals prefer sometimes and outcomes that conservatives prefer other times. In practice, it has most frequently been an undead version of the supposed “living constitutionalism” it rejects, a method of rationalizing and using history to offer a patina of legitimacy to the preferred outcomes of the Republican Party or its key constituencies. This reality has become more and more clear to the public since conservatives on the Court obtained a 6–3 majority, and began to reshape society on the basis of right-wing whims and obsessions.
Originalists are not supposed to rule based on the impact of their decisions, a tendency they derisively refer to as “results-oriented judging.” Instead, they are merely supposed to ensure that the law is implemented to the letter, as it was intended to be. Indeed, all of the self-identified originalists and strict constructionists in the conservative intelligentsia should be demanding this provision be enforced as written, damn the consequences. If these labels had any meaning for most of them, they would be. — The Colorado Ruling Calls the Originalists’ Bluff by Adam Serwer
I don't either. I just don't have it all the time. It's not a judgement, it's just the way my consciousness is. I wasn't aware of it until I met someone who had an internal voice all the time. It's through contrast that things come into awareness. — frank
It's not like this would stop being true if he won the primary. — flannel jesus
There are people who don't use language to think by themselves?Only some people have it. — frank
This entry examines philosophical accounts of tort law, distinguishing its obligations from other types of private legal obligation, and distinguishing its characteristic remedies from the punitive responses of the criminal law and from administrative regulation. It focuses exclusively on tort law within common law systems, that is, legal systems descended from English law, including Australia, Canada, New Zealand, Singapore, the United States. Other legal systems, originating in continental Europe, are usually described as “civilian” systems. They have detailed civil codes covering many of the same issues as the common law of torts. Some civilian systems share many doctrinal features with common-law system; others, particularly France, offer fundamentally different ways of dealing with the same set of interactions and the problems to which they give rise. — Arthur Ripstein
Even if this damages practice passes constitutional muster, the ideal of due process does not disappear. As compared to current practice, the tort system could adopt a more constitutionally defensible method or determining pain-and-suffering damages by being more true to the constitutional values of notice, predictability, and reasoned decision-making. Such a tort system may also be more secure from legislative reforms like the tort-reform bill passed by the U.S. House of Representatives in March 1995, which capped pain-and-suffering damages in a section of the bill entitled "Limitation on Speculative and Arbitrary Damage Awards."8 2
As the issue of pain-and-suffering damages illustrates, the tort system can be guided by the ideal of due process without abandoning its reliance on fairness and individual rights. In a rights-based tort system, damages for pain and suffering provide redress for rights-violations. Money is not equivalent with the right, nor can money represent the value of the pain and suffering. These characteristics of the tort right do not imply that there is no method for determining the appropriate form of redress for a rights-violation. Au tort right creates a corresponding duty of care for the duty-holder. To determine the safety precautions required of the duty-holder, the standard of care must monetize pain-and-suffering injuries. To violate the plaintiff's right, the defendant must have breached the duty of care in a manner that caused injury to the plaintiff, making it appropriate to redress the rights-violation by relying on the way in which the standard of care monetizes the injury. Not only does the nature of the tort right provide a method for determining the amount of damages, it also provides the foundation for a tort award that can be securely defended from constitutional attack — Geistfeld
The judge later ruled that they were false and defamatory. But now Giuliani is pulling a remarkable public about-face. In an interview outside the courthouse on Monday night, Giuliani claimed that “everything I said about them” — the two women — “is true.”
“Of course I don’t regret it,” Giuliani said. “I told the truth. They were engaged in changing votes.”
When it was pointed out that there remains no proof of that, Giuliani responded, “You’re damn right there is. Stay tuned.” — Aaron Blake
Through the application of equal rights, individual sovereignty, and voluntary cooperation, it appears a viable model of anarchy has arisen to govern states themselves. — NOS4A2
This kind of imagery was the personification of the corpus politicum, the “body politic”, as it reigned in medieval political thought. — NOS4A2
[101] These are, briefly, the duties that pertain to the office of king in founding a city and kingdom, as derived from a comparison with the creation of the world. — Aquinas, DE REGNO
The disdain for ordinary people, the "all means necessary" approach confirming one's own moral bankruptcy while pretending to have a moral high ground, etc. — Tzeentch
In a sense it's a good thing that change now seems to be on the horizon, because the longer it is forestalled, the more extreme the eventual swing will be. — Tzeentch
It was now lawyer versus lawyer.
"As you know, Donald J. Trump is required under the terms of his loan guarantees to provide annual financial statements to Deutsche Bank and to ensure that those statements 'are true and correct in all material respects,'" the bank's attorney, Gregory Candela, wrote, quoting from the guaranty agreement for the $170 million Old Post Office loan.
Candela repeated Deutsche Bank's request for "further information" on the AG's fraud allegations. Then he upped the ante, saying the bank needs that information in order to decide "whether an event of default may have occurred." — Laura Italiano
12. Whenever any person shall engage in repeated fraudulent or illegal
acts or otherwise demonstrate persistent fraud or illegality in the
carrying on, conducting or transaction of business, the attorney general
may apply, in the name of the people of the state of New York, to the
supreme court of the state of New York, on notice of five days, for an
order enjoining the continuance of such business activity or of any
fraudulent or illegal acts, directing restitution and damages and, in an
appropriate case, cancelling any certificate filed under and by virtue
of the provisions of section four hundred forty of the former penal law
or section one hundred thirty of the general business law, and the court
may award the relief applied for or so much thereof as it may deem
proper. The word "fraud" or "fraudulent" as used herein shall include
any device, scheme or artifice to defraud and any deception,
misrepresentation, concealment, suppression, false pretense, false
promise or unconscionable contractual provisions. The term "persistent
fraud" or "illegality" as used herein shall include continuance or
carrying on of any fraudulent or illegal act or conduct. The term
"repeated" as used herein shall include repetition of any separate and
distinct fraudulent or illegal act, or conduct which affects more than
one person. Notwithstanding any law to the contrary, all monies
recovered or obtained under this subdivision by a state agency or state
official or employee acting in their official capacity shall be subject
to subdivision eleven of section four of the state finance law.
In connection with any such application, the attorney general is
authorized to take proof and make a determination of the relevant facts
and to issue subpoenas in accordance with the civil practice law and
rules. Such authorization shall not abate or terminate by reason of any
action or proceeding brought by the attorney general under this section.
Trump’s claim that statute 63(12) has “never been used before” is false, with the New York AG using the law to bring lawsuits against such parties as a leasing company, e-cigarette company JUUL Labs and a predatory lender company. The Trump Organization case isn’t even the first time 63(12) has been used against Trump and his businesses, as former AG Eric Schneiderman previously sued Trump University under the statute, which resulted in a $25 million settlement in 2018. — Alison Durkee
The philosophy of risk should be the psychology of risk. As a former rock climber for over fifty years I have observed the interplay between physical risk and reputational risk. — jgill
Abandon both wings, make of the absurd political spectrum a triangle, put right and left at the bottom, and add your own at the pinnacle. Now you have a direction. — NOS4A2
Does it? Do you agree with Thatcher that there is no society? — frank
To arrive here, you have to stop being sanctimonious and see a social group as it is: a naturally evolving being, playing out it's own story. — frank
I think everything should be legal.
— NOS4A2
Why are supporting Trump then? He certainly doesn't think "everything should be legal". Far from it. I would think, based on what you've said, you'd be better off writing in some anarchist's name. — RogueAI
In 1916, German writer Hugo Ball, who had taken refuge from the war in neutral Switzerland, reflected on the state of contemporary art: “The image of the human form is gradually disappearing from the painting of these times and all objects appear only in fragments....The next step is for poetry to decide to do away with language.” — Hugo Ball
I support the rule of the people. I don’t support your version of democracy, which is no doubt conflated with electioneering, vote-grubbing, and representative government. — NOS4A2
I wonder if the 'madness' that Socrates refers to might be likened to ecstasy (ex-stasis, outside the normal state)? — Wayfarer
