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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
warding
Profile Joined August 2005
Portugal2394 Posts
August 09 2017 13:41 GMT
#166801
I like the idea of having a small ritual that makes people try to look at things from opposing perspectives. The specific implementation is kind of crazy as the only sources favoring trump might be breitbart, foxnews and infowars.
bardtown
Profile Joined June 2011
England2313 Posts
August 09 2017 13:55 GMT
#166802
My problem with this is that it's all a lot of hot air, and North Korea, which is already extremely dismissive of international opinion, will no longer have any reason to take the US seriously. And Trump needs to understand that this dick measuring contest is below the US. There is absolutely no question that the US can wipe NK off the map if it so desires. When you do this silly back and forth you reinforce their opinion that they are your equals. There shouldn't be any engagement with NK, there should be engagement with China to establish a method to get NK under control.
DarkPlasmaBall
Profile Blog Joined March 2010
United States45024 Posts
August 09 2017 14:00 GMT
#166803
On August 09 2017 22:10 Zambrah wrote:
Are people taking ZerO's Trump good/bad comment seriously?


I reread it as sarcasm after a few seconds, although before seeing that it was ZerO who wrote it, I got a little triggered and was reminded of those absurd "teach the controversy" Creationism arguments in science class. I'm pretty sure he's just joking though
"There is nothing more satisfying than looking at a crowd of people and helping them get what I love." ~Day[9] Daily #100
ShoCkeyy
Profile Blog Joined July 2008
7815 Posts
August 09 2017 14:02 GMT
#166804
All of you keep huffing and puffing about NK, which is exactly what Trump wants, he wants war with NK... He's propping up the warmongers to do their thing too. We're perfectly safe, we've invested trillions into defense, while NK has what exactly? It's just a way to make the poor people poorer, and to send innocent lives to a war that should of never been started.
Life?
DarkPlasmaBall
Profile Blog Joined March 2010
United States45024 Posts
August 09 2017 14:03 GMT
#166805
On August 09 2017 23:02 ShoCkeyy wrote:
All of you keep huffing and puffing about NK, which is exactly what Trump wants, he wants war with NK... He's propping up the warmongers to do their thing too. We're perfectly safe, we've invested trillions into defense, while NK has what exactly? It's just a way to make the poor people poorer, and to send innocent lives to a war that should of never been started.


Yeah but it won't end well for anyone, even if we do have a big defense budget.
"There is nothing more satisfying than looking at a crowd of people and helping them get what I love." ~Day[9] Daily #100
Shiragaku
Profile Blog Joined April 2010
Hong Kong4308 Posts
August 09 2017 14:21 GMT
#166806
On August 09 2017 23:02 ShoCkeyy wrote:
All of you keep huffing and puffing about NK, which is exactly what Trump wants, he wants war with NK... He's propping up the warmongers to do their thing too. We're perfectly safe, we've invested trillions into defense, while NK has what exactly? It's just a way to make the poor people poorer, and to send innocent lives to a war that should of never been started.

The thing about public diplomacy is that nations do not always do what they say to their audience. Trump is not going to do anything to North Korea because 1. North Korea has nuclear diplomacy and 2. North Korea is just outright useless. But given the reputation of North Korea, I have no doubt that this move is to please his own constituency and to basically act tough.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
August 09 2017 14:22 GMT
#166807
The narrative that Trump is pushing us to war to dump money into the military industrial complex is borderline conspiracy theory stuff. And is cold comfort for our allies in the region. NK is openly threatening a military strike against Guam, that shit is serious.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
Shiragaku
Profile Blog Joined April 2010
Hong Kong4308 Posts
August 09 2017 14:25 GMT
#166808
On August 09 2017 23:22 Plansix wrote:
The narrative that Trump is pushing us to war to dump money into the military industrial complex is borderline conspiracy theory stuff. And is cold comfort for our allies in the region. NK is openly threatening a military strike against Guam, that shit is serious.

Military threats are still threats. If the recent years have shown us anything, it's nations that have the power to enact sanctions that hold geopolitical power. And Guam is still part of the US, it's not like North Korea has made more serious threats against the US in the past.
ticklishmusic
Profile Blog Joined August 2011
United States15977 Posts
August 09 2017 14:26 GMT
#166809
As a response to Trump's dickwaving on Twitter, though (in the spirit of Zero's idea) NK's always been threatening the destruction of America though now they've possibly got the means to do some damage.
(╯°□°)╯︵ ┻━┻
Shiragaku
Profile Blog Joined April 2010
Hong Kong4308 Posts
Last Edited: 2017-08-09 14:32:32
August 09 2017 14:30 GMT
#166810
On August 09 2017 23:26 ticklishmusic wrote:
As a response to Trump's dickwaving on Twitter, though (in the spirit of Zero's idea) NK's always been threatening the destruction of America though now they've possibly got the means to do some damage.

North Korea's nuclear diplomacy is not an aggressive doctrine at all. This is in response to the destruction of Iraq and Libya and growing power of Iran. Iran was put on the Axis of Evil and the threat of a military strike or invasion was a realistic possibility at one point. It was not until Iran acquired nuclear weapons when the US started taking diplomacy with them much more seriously. What North Korea is doing by acquiring nukes should not be seen as irrational, it's a military junta that does not want to turn into a Qaddafi and wishes to have its political goals be considered at the table. Point I am trying to make is that North Korea is still a tiny threat to its neighbors, but now, their ability to maintain power is stronger.
Danglars
Profile Blog Joined August 2010
United States12133 Posts
August 09 2017 14:42 GMT
#166811
On August 09 2017 15:38 TheTenthDoc wrote:
Show nested quote +
On August 09 2017 13:48 Danglars wrote:
On August 09 2017 13:26 ZerOCoolSC2 wrote:
I hereby submit a proposition. Anything linked, must contain an opposing comment. It's too easy to find material that makes trump and co look like morons. So we must, from now on, submit 2 links. 1 in favor and 1 opposed.

An opposing comment? On some pastors opinion? At the risk of stepping on zlefin's toes, you must be trolling.


Hey, it would take less time and be less potentially deleterious than an executive order mandating two regulations that affect at least X people or businesses must be repealed for every 1 regulation added that affects X people or businesses.

I was just having a laugh at the thought of equal time for a pastoral pronouncement, like some brave soul must be found to say major kudos to bringing out the spiritual element to Catholics and Kim Jongs. What are you talking about?
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
mahrgell
Profile Blog Joined December 2009
Germany3943 Posts
August 09 2017 14:48 GMT
#166812
On August 09 2017 23:22 Plansix wrote:
NK is openly threatening a military strike against Guam, that shit is serious.

North Korea is threatening the destruction of the USA for about 50 years now. I'm pretty sure they threatened destroying New York and Washington quite a lot of times.
Are there some kind of rare turtles on Guam, or why is it suddenly something completely different, even though their language really hasn't changed.
xDaunt
Profile Joined March 2010
United States17988 Posts
Last Edited: 2017-08-09 14:57:56
August 09 2017 14:53 GMT
#166813
On August 09 2017 16:21 IgnE wrote:
Show nested quote +
On August 09 2017 15:55 xDaunt wrote:
On August 09 2017 15:45 IgnE wrote:
On August 09 2017 15:35 xDaunt wrote:
On August 09 2017 15:27 IgnE wrote:
Ok so given that legislatures can change the rules and that those rules do alter power dynamics between individuals and corporations then you can see that some people might not be particularly pleased with the Trump change to the rules, even on principle, no matter whether you think arbitration is a big deal or not.

Yes, I can see why people might be displeased "on principle," but shouldn't we aspire to make decisions based upon factual reality rather than emotion? All I did was make a very fact-based argument for why the change was not a big deal, and why the headline to which I was responding was misleading.


Yeah ok but you are putting this "it's not a big deal" defense in a frame of "shouldn't we aspire to make decisions based upon factual reality" without articulating a single reason for why we are making a change at all. If it's not a big deal why change it at all? And you must know that "it's not a big deal" is not a reason in itself.

So far as I understand it, your reasoning seems to be: 1) it's not a big deal because most people with claims less than $100k will prefer arbitration usually anyway and 2) the companies wanted it to protect themselves from class action lawsuits therefore it's ok to change it. But everyone here is saying, "hey no if it's not a big deal don't bother changing it at all if that will protect companies from legitimate class actions through contracts of adhesion."

You seem to have taken the unspoken position that this law will actually make it better somehow for most people since most people have lawsuits less than $100k but you haven't really made the case that we need to change it because the way it is now the companies are fucking people over by avoiding arbitration. In other words, there is no quid pro quo for point 2 as far as I can see, unless I missed something.


As I usually do with legal things, I took a completely neutral view of the change and simply reported what the bottom line was. There are sufficient grounds to argue the issue either way, which should be clear from my posts on the topic. This isn't some cut and dry "Trump is doing something stupid" issue as it has been presented. I really don't have a policy preference here because 1) the actual impact of the change is fairly minimal overall, and 2) the changes that are introduced are not purely bad for consumers for the reasons previously discussed. Getting excited over this change requires some serious mental masturbation.


do you mean the outcome is "not purely bad" for consumers or "the changes" are not purely bad? because i did just ask you explicitly for a "sufficient ground" to argue that there's some quid pro quo going on for limiting corporate liability to lawsuits by forcing arbitration and you seem to have punted again.


My point is that it's both: the changes aren't purely bad because the outcomes aren't purely bad. You're asking the wrong question by asking me to point out what consumers get in exchange for nursing homes being allowed to put arbitration clauses in their contracts. What consumers get is easier access to arbitration, a better process for dispute resolution in most circumstances. As I have pointed out repeatedly, arbitration does not necessarily lead to worse results for consumers compared to lawsuits. If anything, arbitration will provide superior expected results in most circumstances by virtue of cheapening and expediting access to justice. I think that nursing home malpractice is an area where plaintiffs would particularly benefit from arbitration as opposed to full blown civil litigation. Accordingly, I haven't punted on the issue at all. Y'all just aren't accepting what I'm telling you.

like if you could just say, explicitly, "this will improve access to fair arbitration for some significant number of consumers who otherwise would be prevented from attaining any cost-effective remedy," then fine, i would agree there might be some sufficient grounds "to argue the issue either way" even if it were only a neutral change to a mediocre law.


There you go. I don't know why you don't think that I haven't already made this explicitly clear when I previously pointed out that arbitration lowers barriers to access to justice for plaintiffs and arbitration generally isn't feasible absent an arbitration agreement being in place prior to the dispute arising.

as i mentioned earlier it seems like you could write a better law that would afford more consumer protections. sophisticated corporate clients taking advantage of legal expertise will happen no matter what the law says but that doesn't mean we just throw our hands up in the air and say, "well then i guess it doesn't matter what the law says at all."


Sure, I've already stated that legislation could improve the position of consumers. But legislation should be crafted to fix real problems instead of imaginary ones. The imaginary problem here is this presumption that arbitration affords consumers inferior remedies and access to justice when compared to civil litigation. It's just not the case in most circumstances. The one big exception, however, would be those circumstances where a class action lawsuit would provide consumers the best pathway to relief. This is a real problem that I think legislation should address.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
August 09 2017 14:55 GMT
#166814
On August 09 2017 23:48 mahrgell wrote:
Show nested quote +
On August 09 2017 23:22 Plansix wrote:
NK is openly threatening a military strike against Guam, that shit is serious.

North Korea is threatening the destruction of the USA for about 50 years now. I'm pretty sure they threatened destroying New York and Washington quite a lot of times.
Are there some kind of rare turtles on Guam, or why is it suddenly something completely different, even though their language really hasn't changed.

They have missiles that could reach Guam now? They could fire one at any time and we have poor diplomatic channels with the country?

I’m not saying we should attack. I am saying that Trumps language only further escalates matters and we don’t good diplomatic channels to de-escalate.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
Danglars
Profile Blog Joined August 2010
United States12133 Posts
August 09 2017 14:55 GMT
#166815
Reynolds: You are probably breaking the law right now

Ignorance of the law, we are often told, is no excuse. "Every man is presumed to know the law," says a long-established legal aphorism. And if you are charged with a crime, you would be well advised to rely on some other defense than "I had no idea that was illegal."

But not everybody favors this state of affairs. While a century or two ago nearly all crime was traditional common-law crime — rape, murder, theft and other things that pretty much everyone should know are bad — nowadays we face all sorts of "regulatory crimes" in which intuitions of right and wrong play no role, but for which the penalties are high.

If you walk down the sidewalk, pick up a pretty feather, and take it home, you could be a felon — if it happens to be a bald eagle feather. Bald eagles are plentiful now, and were taken off the endangered species list years ago, but the federal law making possession of them a crime for most people is still on the books, and federal agents are even infiltrating some Native-American powwows in order to find and arrest people. (And feathers from lesser-known birds, like the red-tailed hawk are also covered). Other examples abound, from getting lost in a storm and snowmobiling on the wrong bit of federal land, to diverting storm sewer water around a building.

"Regulatory crimes" of this sort are incredibly numerous and a category that is growing quickly. They are the ones likely to trap unwary individuals into being felons without knowing it. That is why Michael Cottone, in a just-published Tennessee Law Review article, suggests that maybe the old presumption that individuals know the law is outdated, unfair and maybe even unconstitutional. "Tellingly," he writes, "no exact count of the number of federal statutes that impose criminal sanctions has ever been given, but estimates from the last 15 years range from 3,600 to approximately 4,500." Meanwhile, according to recent congressional testimony, the number of federal regulations (enacted by administrative agencies under loose authority from Congress) carrying criminal penalties may be as many as 300,000.

USA Today
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
zlefin
Profile Blog Joined October 2012
United States7689 Posts
August 09 2017 14:58 GMT
#166816
That problem of irregular laws is as mcuh due to voters as anything else; if voters were smarter, they'd pay more attention to things like that and focus more on competence.
Basic maintenance work updating laws isn't flashy, but it's important. it doesn't get done enough, in considerable part because voters don't vote for people who focus on it.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
KwarK
Profile Blog Joined July 2006
United States43210 Posts
August 09 2017 15:00 GMT
#166817
On August 09 2017 16:53 a_flayer wrote:
And it's fascism, because people are dying as a result of it all.

Language is a remarkable thing.
ModeratorThe angels have the phone box
Danglars
Profile Blog Joined August 2010
United States12133 Posts
August 09 2017 15:02 GMT
#166818
On August 09 2017 23:58 zlefin wrote:
That problem of irregular laws is as mcuh due to voters as anything else; if voters were smarter, they'd pay more attention to things like that and focus more on competence.
Basic maintenance work updating laws isn't flashy, but it's important. it doesn't get done enough, in considerable part because voters don't vote for people who focus on it.

It's more a question of putting in power people very concerned with regulatory reform. Lawmakers themselves have perverse incentives to continue the practice: they get to claim they "did something" by empowering a federal department to protect this and that, then turn around and criticize "the bureaucracy" when the rules they write are over sweeping or don't make allowances for incidental infraction. But it all goes under the heading of low civic engagement and not a cohesive victim group to lobby for reform.
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
zlefin
Profile Blog Joined October 2012
United States7689 Posts
Last Edited: 2017-08-09 15:06:56
August 09 2017 15:06 GMT
#166819
On August 10 2017 00:02 Danglars wrote:
Show nested quote +
On August 09 2017 23:58 zlefin wrote:
That problem of irregular laws is as mcuh due to voters as anything else; if voters were smarter, they'd pay more attention to things like that and focus more on competence.
Basic maintenance work updating laws isn't flashy, but it's important. it doesn't get done enough, in considerable part because voters don't vote for people who focus on it.

It's more a question of putting in power people very concerned with regulatory reform. Lawmakers themselves have perverse incentives to continue the practice: they get to claim they "did something" by empowering a federal department to protect this and that, then turn around and criticize "the bureaucracy" when the rules they write are over sweeping or don't make allowances for incidental infraction. But it all goes under the heading of low civic engagement and not a cohesive victim group to lobby for reform.

that's what I said; putting in people who are concerned with the basic maintenance of work of keeping laws up to date, and making sure they're still sensible.
the behind the scenes work of governing which really matters.
feels weird that you're basically repeating the same point I made in different words. :D
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
KwarK
Profile Blog Joined July 2006
United States43210 Posts
August 09 2017 15:06 GMT
#166820
On August 09 2017 23:30 Shiragaku wrote:
Show nested quote +
On August 09 2017 23:26 ticklishmusic wrote:
As a response to Trump's dickwaving on Twitter, though (in the spirit of Zero's idea) NK's always been threatening the destruction of America though now they've possibly got the means to do some damage.

North Korea's nuclear diplomacy is not an aggressive doctrine at all. This is in response to the destruction of Iraq and Libya and growing power of Iran. Iran was put on the Axis of Evil and the threat of a military strike or invasion was a realistic possibility at one point. It was not until Iran acquired nuclear weapons when the US started taking diplomacy with them much more seriously. What North Korea is doing by acquiring nukes should not be seen as irrational, it's a military junta that does not want to turn into a Qaddafi and wishes to have its political goals be considered at the table. Point I am trying to make is that North Korea is still a tiny threat to its neighbors, but now, their ability to maintain power is stronger.

Even without the example of what would happen to NK if it wasn't beneath the Chinese aegis, dependence upon an imperial power (and China is an imperial power) is ideologically intolerable to NK. It's simply incompatible with juche. You must remember that NK was born out of the age of imperialism, and from suffering under a particularly brutal imperial master in Japan. They accept Chinese protection because they must but their national identity requires an independent nuclear deterrent.

You're not wrong that NK cares about those examples, but you are wrong that it is a response to them. Also Iran didn't ever get functioning nukes.
ModeratorThe angels have the phone box
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