Anonymous Anonymous Coward (profile), 27 Aug 2019 @ 3:59pm
Re: re: families
I guess you haven't been to Central America recently. Oh, and it isn't necessary for us to be at war with a country for at least some of their citizens to desire or need asylum.
While your at it, check out the CIA's involvement in the last 40 or 50 years of those countries histories to glean a little about how current circumstances came to be.
Anonymous Anonymous Coward (profile), 27 Aug 2019 @ 3:54pm
Re: World's Greatest Businessman*
"Yes the benefits would be multifaceted from an increased local tax base (corporations) to increased opportunities for many Americans to earn a true living wage not seen in generations."
The uptick in the prices of consumers goods would drive consumption, and the related companies, into the ground. I also doubt that a true living wage would be paid as the companies struggle to maintain their old price structures.
Some overseas manufacturing has been moved to Vietnam, and I am sure there are more opportunities there as well as other places, but none of this happens overnight.
Anonymous Anonymous Coward (profile), 27 Aug 2019 @ 12:59pm
Trade Wars
I think more needs to be said about the self inflicted trade war Trump has imposed. The fact that Trump induced the trade issue, and now expects others to make efforts, not in their best interest, to aid in fulfilling his demented dream seems to be part in parcel of his modus operandi. Create or exacerbate issue then demand others suffer to ameliorate the problem.
I am not enough of an economist or expert in international trade or manufacturing to point to the exact issues, but I think that many companies have already made efforts to move manufacturing out of China. The thing that cannot be moved readily is (as Baron von Robber mentioned in the first post) the enormous market for finished goods that exists in China. To think that Trump really wants US businesses to lose the income from such a substantial market goes to show how little he has thought this through.
Anonymous Anonymous Coward (profile), 27 Aug 2019 @ 9:20am
Re: I won't be back to the US ever, but...
"How is this "contraband"?"
It isn't. And to be clear, this ruling only applies within the confines of the 9th Circuit. So have some care which areas of the border you cross, or which international airports you arrive at, should you or your friends change your minds.
Many of us are not happy with the way our borders are treated by our government, by the same token some control must be maintained. The idea that the Constitution does not exist within 100 miles of a border (that includes international airports) is particularly obnoxious. How we go about abolishing this rights violation will be interesting to watch. But, don't hold your breath, it is gonna take more time than you can hold it.
Anonymous Anonymous Coward (profile), 27 Aug 2019 @ 8:18am
Re:
It is a small weekly paper. It is possible that just asking a lawyer a few questions might break them financially. To some extent, the 'metaphorical spine' has to be supported with financial wherewithal, and it isn't a lack of integrity to not have money.
Though they could ask their community for some additional support, but that assumes they have a large enough circulation, in a demographically rich enough environment, to make that a reasonable ask.
Anonymous Anonymous Coward (profile), 27 Aug 2019 @ 8:12am
Re: I MUST search your phone for contraband
More likely the contraband they will come up with is child porn, or possibly copyright infringement (more likely the child porn, at least until Big Copyright gets involved). My question is how will they explain their 'reasonable suspicion' for either without some other evidence pointing to one or the other.
Anonymous Anonymous Coward (profile), 26 Aug 2019 @ 6:03pm
Re: Stunned
Well, they committed fraud and there was no indication in the article that they were being prosecuted for fraud, just fired. So they got a lot of leeway there.
Anonymous Anonymous Coward (profile), 26 Aug 2019 @ 4:43pm
Re: Re:
I do love it when random jackholes on the internet stick both their feet in their mouth simultaneously by calling a lawyer and longstanding member of the community a random jackhole when said lawyer lets us know what the law actually is.
He has schooled me before, and on this issue, and you know what? I believe him.
Anonymous Anonymous Coward (profile), 26 Aug 2019 @ 12:40pm
My Bio-metrics have been stolen?
I guess I will need plastic surgery, eye, or at least iris replacement (fix my astigmatism while you at it), fingerprint reconfiguration, voice box rework, and couple of dozen bottles of Rogaine. Is there contact information for the insurance companies protecting these rat bastards where I can apply for the appropriate compensation? I assume lost time and the expense of letting everyone know the new me will be included.
Anonymous Anonymous Coward (profile), 26 Aug 2019 @ 11:52am
Re: Re: Why not something logical?
What you say makes sense, except isn't a 1 needed prior to the area code, and what happens if you stop dialing after the area code, without the leading 1? Now there may be some technical explanation but it seems to me that they could get around that, like two leading 9's making it 9911, or something.
Anonymous Anonymous Coward (profile), 26 Aug 2019 @ 11:21am
Why not something logical?
911 not sure but readily transferable to appropriate
912 police
913 fire
914 emergency medical
915 suicide hotline
916 coast guard
917 something I forgot
918 something else I forgot
919 something I also forgot
Knowing 911 as well as it is known, it would be simpler to learn some ordered progression than a whole new number.
"Private Parties As State Actors For Purposes Of Section 1983 Blog Home Posted on December 21, 2012 in Civil Rights
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law….” 42 U.S.C. § 1983.
Thus, to establish a claim under Section 1983, a plaintiff must plead a deprivation of a right secured by the Constitution and the laws of the United
States that was committed by a person acting under color of state law. Machon
v. Pennsylvania Dept. of Public Welfare, 847 F.Supp.2d 734 (E.D.Pa. 2012). Where a plaintiff lodges a Section 1983 claim against a private party (as opposed to a governmental entity), the defendant can be held liable where he is “fairly said to be a state actor.” Pugh v. Downs, 641 F. Supp.2d 468, 472 (E.D.Pa. 2009). See also Lugar v. Edmondson Oil Co., 457 U.S. 922, 937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982) (stating that our cases have insisted that conduct allegedly causing deprivation of federal rights be fairly attributable to the state).
A private party can be “fairly said to be a state actor” for purposes of Section 1983 under four tests. First, under the “close nexus” test a private party can be fairly said to be a state actor where “there is a sufficiently close nexus between the state and the challenged action of the [private] entity so that the action of the latter may fairly be treated as that of the state itself.” Blum v. Yaretsky, 457 U.S. 991, 1004, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982) (holding state responsible for private decision where it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must be deemed to be that of the State).
Second, under the “symbiotic relationship” test a private party can be fairly said to be a state actor where “the state has so far insinuated itself into a position of interdependence” with a private party that “it must be recognized as a joint participant in the challenged activity.” Burton v. Wilmington Parking Auth., 365 U.S. 715, 725, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961) (holding privately owned restaurant’s refusal to serve an African American customer constituted state action where the restaurant leased space from a parking garage owned by state agency).
Third, under the “joint action” test a private party can be fairly said to be a state actor where a private party is a “willful participant in joint action with the State or its agents.” Lugar, 457 U.S. at 941, 102 S.Ct. 2744
(1982).
Fourth, under the “public function” test a private party can be fairly said to be a state actor where the private party has been “delegated…a power traditionally exclusively reserved to the State.” Terry v. Adams, 345 U.S. 461, 468-470, 73 S.Ct. 809, 97 L.Ed. 1152 (1953) (state action found where private actor administered election of public officials). "
Seems like the lawyers in this case missed these tests. But, far be it for me to interpret the legalese and know for certainty if any of them apply in this case, or if there are other rules that might make these tests inapplicable under a different ruling or doctrine.
Anonymous Anonymous Coward (profile), 22 Aug 2019 @ 6:36pm
Re: Re: Re: Re: Lack of integrity
What gave you the impression that I like copyright, the way it is promulgated today? I think they should go back to 14 years with a paid for extension and no ability to transfer it to anyone else, contract or not.
If you think explaining the way things work today to someone who asked is pro copyright, then you need to address your ability to discern motives.
On the post: Trump Decides The State Should Run US Businesses, Orders Them To Stop Doing Business With China
Re: Trade or new cold war.
Have a large portfolio of military/industrial complex stocks, don't you?
On the post: Trump Decides The State Should Run US Businesses, Orders Them To Stop Doing Business With China
Re: re: families
I guess you haven't been to Central America recently. Oh, and it isn't necessary for us to be at war with a country for at least some of their citizens to desire or need asylum.
While your at it, check out the CIA's involvement in the last 40 or 50 years of those countries histories to glean a little about how current circumstances came to be.
On the post: Trump Decides The State Should Run US Businesses, Orders Them To Stop Doing Business With China
Re: World's Greatest Businessman*
The uptick in the prices of consumers goods would drive consumption, and the related companies, into the ground. I also doubt that a true living wage would be paid as the companies struggle to maintain their old price structures.
Some overseas manufacturing has been moved to Vietnam, and I am sure there are more opportunities there as well as other places, but none of this happens overnight.
On the post: Top MPAA Lawyer, Mastermind Behind Its Plan To Attack The Internet, Arrested On Blackmail And Sexual Assault Charges
Details are important
Maybe he confused investigate and instigate. Still, his behavior seems to be getting to the bottom of things.
On the post: Trump Decides The State Should Run US Businesses, Orders Them To Stop Doing Business With China
Re: Re:
Not really https://www.npr.org/2019/07/26/745785115/supreme-court-lets-trump-border-wall-move-forward-but-legal -fight-still-looms
On the post: Trump Decides The State Should Run US Businesses, Orders Them To Stop Doing Business With China
Trade Wars
I think more needs to be said about the self inflicted trade war Trump has imposed. The fact that Trump induced the trade issue, and now expects others to make efforts, not in their best interest, to aid in fulfilling his demented dream seems to be part in parcel of his modus operandi. Create or exacerbate issue then demand others suffer to ameliorate the problem.
I am not enough of an economist or expert in international trade or manufacturing to point to the exact issues, but I think that many companies have already made efforts to move manufacturing out of China. The thing that cannot be moved readily is (as Baron von Robber mentioned in the first post) the enormous market for finished goods that exists in China. To think that Trump really wants US businesses to lose the income from such a substantial market goes to show how little he has thought this through.
On the post: Ninth Circuit Says Warrantless Device Searches At The Border Must Be Limited To Searches For Contraband
Re: I won't be back to the US ever, but...
It isn't. And to be clear, this ruling only applies within the confines of the 9th Circuit. So have some care which areas of the border you cross, or which international airports you arrive at, should you or your friends change your minds.
Many of us are not happy with the way our borders are treated by our government, by the same token some control must be maintained. The idea that the Constitution does not exist within 100 miles of a border (that includes international airports) is particularly obnoxious. How we go about abolishing this rights violation will be interesting to watch. But, don't hold your breath, it is gonna take more time than you can hold it.
On the post: SLAPP Threats Don't Even Need To Become Lawsuits To Be Effective: Cop Gets Columnist Fired For Pointing To Picture Of Him With Racists
Re:
It is a small weekly paper. It is possible that just asking a lawyer a few questions might break them financially. To some extent, the 'metaphorical spine' has to be supported with financial wherewithal, and it isn't a lack of integrity to not have money.
Though they could ask their community for some additional support, but that assumes they have a large enough circulation, in a demographically rich enough environment, to make that a reasonable ask.
On the post: Ninth Circuit Says Warrantless Device Searches At The Border Must Be Limited To Searches For Contraband
Re: I MUST search your phone for contraband
More likely the contraband they will come up with is child porn, or possibly copyright infringement (more likely the child porn, at least until Big Copyright gets involved). My question is how will they explain their 'reasonable suspicion' for either without some other evidence pointing to one or the other.
On the post: Woman Complains About Trooper's Behavior, Ends Up Getting A Whole Bunch Of Cops Fired For Timecard Fraud
Re: Stunned
Well, they committed fraud and there was no indication in the article that they were being prosecuted for fraud, just fired. So they got a lot of leeway there.
On the post: NY Times Goes Off On Amazon Because Some People Are Publishing Fake George Orwell Books
Re: Re:
I do love it when random jackholes on the internet stick both their feet in their mouth simultaneously by calling a lawyer and longstanding member of the community a random jackhole when said lawyer lets us know what the law actually is.
He has schooled me before, and on this issue, and you know what? I believe him.
On the post: Millions Of Biometric Records Collected By Companies And Governments Left Exposed On The Web
Re: Re: My Bio-metrics have been stolen?
Really? WOW! I am sooo relieved.
On the post: Millions Of Biometric Records Collected By Companies And Governments Left Exposed On The Web
My Bio-metrics have been stolen?
I guess I will need plastic surgery, eye, or at least iris replacement (fix my astigmatism while you at it), fingerprint reconfiguration, voice box rework, and couple of dozen bottles of Rogaine. Is there contact information for the insurance companies protecting these rat bastards where I can apply for the appropriate compensation? I assume lost time and the expense of letting everyone know the new me will be included.
On the post: FCC Does Something Right: Proposes Making Suicide Prevention Hotline A Three Digit Number
Re: Re: Why not something logical?
What you say makes sense, except isn't a 1 needed prior to the area code, and what happens if you stop dialing after the area code, without the leading 1? Now there may be some technical explanation but it seems to me that they could get around that, like two leading 9's making it 9911, or something.
On the post: Company Sues Blackhat Because People Mocked Their Sponsored Presentation And Called It Snake Oil
Just what did BlackHat sell for $115,000.00?
What do you mean we can't buy respect and dignity?
On the post: FCC Does Something Right: Proposes Making Suicide Prevention Hotline A Three Digit Number
Why not something logical?
911 not sure but readily transferable to appropriate
912 police
913 fire
914 emergency medical
915 suicide hotline
916 coast guard
917 something I forgot
918 something else I forgot
919 something I also forgot
Knowing 911 as well as it is known, it would be simpler to learn some ordered progression than a whole new number.
On the post: FCC Does Something Right: Proposes Making Suicide Prevention Hotline A Three Digit Number
Re: Nice apple, now about the worm...
Do you mean like Pai is deeply depressed and can't remember the 11 digit suicide hotline number?
On the post: Rutgers Forces LA High School To Change Logos Due To Its 'R' Trademark
Quandry
So what is Ruston High School going to do?
Change the font?
Change it to a 'B' for Bearcats and hunt for a 'B' that is a different font than any other 'B' that is trademarked as a logo?
Spend lots of money that should be for education on litigating what shouldn't be a problem?
On the post: Russian Troll Farm Tries Again To Sue Facebook, Despite Having Its Original Complaint Dismissed On 230 Grounds
There are ways but...
From https://blogs.lawyers.com/attorney/civil-rights/private-parties-as-state-actors-for-purposes-of-sect ion-1983-24284/
Seems like the lawyers in this case missed these tests. But, far be it for me to interpret the legalese and know for certainty if any of them apply in this case, or if there are other rules that might make these tests inapplicable under a different ruling or doctrine.
On the post: Why Is MLB Claiming Revenue From Obviously Fair Use Videos On YouTube?
Re: Re: Re: Re: Lack of integrity
What gave you the impression that I like copyright, the way it is promulgated today? I think they should go back to 14 years with a paid for extension and no ability to transfer it to anyone else, contract or not.
If you think explaining the way things work today to someone who asked is pro copyright, then you need to address your ability to discern motives.
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