Massachusetts Court Says 'Upskirt' Photos Are Legal
This is a good thing for anybody who believes in the rule of law. Laws should be written to clearly put those governed on notice as to what behavior is prohibited. Pervy or not, if the photographer was within the actual letter of the law, he shouldn't be be held criminally liable for doing something which was not prohibited. The solution is not to "interpret" the law to extend beyond its text; the solution is to fix the bad law.
If laws can be "interpreted" to go beyond their plain meanings, then it becomes difficult for those subject to them to figure out what is prohibited. Not only is it patently unfair to hold someone accountable for an action that wasn't listed as prohibited, there is a strong constitutional precedent for holding it "void for vagueness." See, e.g., Connally v. General Construction Co., 269 U.S. 385, 391 (1926):
[T]he terms of a penal statute [...] must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties and a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.
Layoffs At Now-Private Dell May Hit Over 15,000 Staffers
I don't know whether this move by Dell is the equivalent of liposuction or maiming, but I suspect the latter. They've gone to all the trouble of screening and training these 15,000 people, and now they're going to throw that all away. If this is part of a plan to change their areas of business, why not spin off those sections of the company instead of destroy them? Or are they saying their hiring and planning decisions really were that poor and corrupt, and now they have to clean house?
Dell has been buying a lot of other companies lately. That tends to create substantial redundancy. Additionally, if the market is shrinking, a smaller sales force is appropriate.
The Case For a Global, Compulsory Bug Bounty
What will happen is that companies will spawn off sub-contractors which do all the coding and are completely offshore entities.
For example, foocorp spawns off ABC Coders. ABC Coders just does business in one country, selling and maintaining its codebase to foocorp. Foocorp is just a customer, so if a government demands a bug bounty, they would have to go upstream to ABC Coders, and since ABC Coders does not do international business, they can give other nations the middle finger when it comes to their regulations.
If ABC is offshore, and sells to foocorp, then isn't that "international business" kind of by definition?
GM's CEO Rejects Repaying Feds for Bailout Losses
While they lost money on the face of it, the economy gained value, likely in excess of the $10B loss.
Debatable. Had GM gone through a proper bankruptcy, the profitable assets could have been put to more productive use in an entity run competently. We've lost the value of that opportunity. However, nobody sees that because the loss is diffused over the entire economy, as compared to a loss that would have been felt acutely by the employees who would lose their jobs in Detroit (despite the jobs that would have been gained in, say, Atlanta). One has a face now; the other doesn't, so we get bailouts instead of housecleaning.
GM's CEO Rejects Repaying Feds for Bailout Losses
Companies have the option of issuing new shares to raise additional revenue.
How To Crash the US Justice System: Demand a Trial
Gee, an officer replied to a DV call of a man beating his wife, comes in and sees a woman with a black eye and a dude that smells of whiskey* -- do we really need a jury to decide that one?
Depends. Did he really beat her, or was she filing a false report to get even with him for coming home drunk again after going home with the blonde at the bar?
How do you know? Seems like we need a trial to figure it out. Fortunately, the Constitution protects the accused's right to have one.
In the simplistic left/right divide, I'd call myself
I'm fiscally conservative and socially liberal too [in fact I think a lot of people would be, if they took the time to think about it], but I don't think the Tea Party is a good fit. Sure, they call themselves fiscally conservative, but then they scream "keep your hands off my Medicare!" in the next breath. They're really more the "I got mine so fuck you" party.
The real tragedy that's going on here is that the Libertarians and Greens aren't capitalizing on the Tea Party and Occupy movements (respectively), and then forming a coalition.
I'll agree in part and disagree in part. I'm an informal (deliberate-lowercase) tea partier myself; I've many friends who count themselves the same. To a man, we all want to simply be left the hell alone, and are perfectly willing (nay, eager!) to give up Medicare, Social Security, etc., though we would prefer to keep the premiums we pay for those services and save/invest them for our future needs.
The media doesn't interview us, though.
The tea party is a marvelously robust and dynamic crowd, sharing many values with the occupy (again deliberate) crowd. The media and the political class like to quantize the people into easily-defined camps; as the great-grandparent poster noted, it's a multivariate problem even after simplification. You're right in complaining that the Libertarians and Greens aren't capitalizing on the movements (not respectively, as there's a fair degree of overlap), but the real problem is that the Republicans are co-opting the Tea Party (deliberate caps) movement (and, to a lesser degree, the Democrats are co-opting the Occupy movement).
The fundamental problem is--again, as GGP poster said--the reduction to a Boolean variable. Reality doesn't fit neatly into black-and-white, but black-and-white is the easiest thing for people to understand. Black or white; is or isn't; with us or against us. It's Duckspeak in its purest form. The real problem is that thinking is hard. I've known people who will spend ten hours a day doing backbreaking physical labor in the heat of an Oklahoma summer's day, but if you try to spend two minutes engaging them in thought, they give up. Thinking is harder than just about anything else man has conceived. I don't discount myself: I can run two miles and feel energized, but after a day of hard work at my terminal, sitting in a comfortable chair in an air-conditioned office, I'm ready for a beer and a good night's sleep.
I seem to be drifting. To return to the point: the real issue is that the system propagates the black-and-white myth, when reality recognizes not only shades of gray, but an entire spectrum of color. Try getting the media to report on that; there's talk of the Fairness Doctrine--try getting the babbling class to recognize that "fairness" required not one opposing commentator, but hundreds, if not thousands, all differing subtly, and most with at least some degree of validity.
Weaponizable Police UAV Now Operational In Texas
The majority may not be active thugs, but they are at the very least silent enablers. Look at what happened to NYPD's Adrian Schoolcraft: he secretly recorded roll call, exposing police corruption. After he let the public know the truth, several officers--including supervisory officers--concocted stories to arrest him and forcibly commit him to psychiatric care.
To the best of my knowledge, not a single one stepped up and said "hey, he's telling the truth."
Enablers, the lot of them, and that puts them squarely on the side of the wrongdoers, more interested in their positions and their paycheques than in the safety and well-being of the citizens they are sworn to serve and protect.
Redbox Raises Its Prices To $1.20 Per Day
Redbox OTOH, now that it has banished most of the Blockbuster and all the Hollywood video stores, seems to be taking advantage of the situation. There is no acknowledgement that some customers might have trouble with the extra cents and have to cut back.
$DEITY forfend! Somebody might have to cut back from six movie rentals per week to five! Next thing you know, Redbox will be making its clients sell their children at discount prices just to heat their cardboard boxes!
Perspective. Get some.
Ron Paul Suggests Axing 5 U.S. Federal Departments (and Budgets)
Ahem. "The Congress shall have Power To..." is authority, not a mandate. The Congress can choose not to exercise its power in a given area if it wishes. In fact, in some circumstances, the fact that Congress has chosen not to legislate may itself be considered a form of regulation, and not subject to further regulation by the states.
Ron Paul Suggests Axing 5 U.S. Federal Departments (and Budgets)
We landed men on the moon a decade before the Department of Education was created. It's not that education isn't necessary, its that it doesn't have to be managed at the Federal level. Do you really think our education system is substantially better than it was in the fifties and sixties, and that the improvement is a result of Federal action?
Marx May Have Had a Point
Are "thinking rationally" and "checking the sources" options?
When Did Irene Stop Being a Hurricane?
And then it hit New Jersey at dead-low tide during a new moon - one couldn't get any luckier than that.
Because moon phases and tides are notoriously hard to predict.
Military Drone Attacks Are Not 'Hostile'
Assuming arguendo that drone-fired weapons don't constitute "hostilities," what about F-15's? Helicopters and ship-launched Tomahawk cruise missiles? F-16's and EA-18's? (Note: that's the DOD's press release, so it's probably reliable.)
Here's a great graphic breaking down just who is sending what. Breakdown for the US: 12 ships, 153 airplanes, 228 cruise missiles. It doesn't break down by aircraft type, but it's a fair bet they're not all UAVs.
Federal Courts To Begin First Digital Video Pilot
I think most people would expect to be able to make private phone calls on office telephones (for example, to/from their doctor).
I don't. I know very well that I'm running on a software-controlled PBX, and that calls are routinely monitored or recorded. It's the company's phone line, not mine; why shouldn't the company have the right to monitor it?
School District Hit With New Mac Spying Lawsuit
Punishing the responsible parties is forbidden by the union contract.
White House Wants New Copyright Law Crackdown
Sorry, the law only recognizes a cause of action if your expectation was reasonable.
US Lawyers Target Swedish Pirate, and His Unicorn
Assuming the kid really does live in Sweden though, American courts don't have jurisdiction.
Not necessarily. A court may be able to exercise long-arm jurisdiction under the "minimum contacts" rule--when Ryan went out of his way to make contact with Liberty Media, his actions were clearly directed to the forum state (wherever Liberty Media is based). As such, he may have subjected himself to that state's jurisdiction, at least with regard to this matter (this definitely wouldn't be enough to subject him to general jurisdiction, that is, he couldn't be sued for just anything in that state).'
Jurisdiction can be complicated and ugly; we spent a full semester on just that in Civ Pro I (Civ Pro II covers venue, the Erie doctrine, pleadings, and more) because there's just that much to cover.
William Shatner Wakes Up Crew for Final Discovery Mission
"I'm dead, Jim."
Leave a Message, Go To Jail
They pull stunts like carrying a pistol standing downtown at a crowded intersection (which is legal), ... push the absolute limit of legal antagonism, then cry victim if the cop gets frustrated and brings them in on some usually-BS charge of disturbing the peace or whatever.
In short, while the details may indicate that the charge is bogus, it's important to understand we have a group of people here in NH who -actively try- to get charged with bogus crap by the police just to make a stink out of it.
Or, put slightly differently, you have people who don't break the law, but your cops just can't stand the idea of somebody not respecting their authoritah, and write tickets for non-offenses.
Sounds like you need a better class of cop. Perhaps you can find a model with a "self-control" upgrade.
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