zataomm
4mo ago
This is beautiful in its simplicity, and the Right Thing To Do for the sake of America. But woe unto the Democratic senator or congressman who voted to remove Trump’s disability if Trump actually wins the 2024 election.
zataomm
6mo ago
Not to get even more misanthropic but is it possible that some people are so bad at reasoning that we are better off if they just decide everything by gut instinct? At least their conscience will provide some grounding and they won't be tempted to start changing the calendar and murdering the bourgeoisie?
Look carefully at the language the state is using: “the Department believes that AP Psychology can be taught in its entirety in a manner that is age and developmentally appropriate.”
This very much seems to be a scissor statement within this discussion. My reading of that portion of the letter was, "Look, the College Board is freaking out because we have this law in Florida saying that course content needs to be age and developmentally appropriate, so I just want to assure you that, as I see it, AP Psychology can be taught, in it entirety, in a way that is developmentally and age appropriate. Just don't go crazy and show the kids hardcore porn in class or make them affirm that we are all born as trans homosexuals or whatever." In the Washington Post article and others, that line is taken to be an implicit threat, "Hey superintendents, you'd better make sure you keep your course content appropriate, or else [makes throat cutting motion]."
It's not a true scissor because I can understand how the other side would read it as more menacing, but that wasn't my interpretation at all.
zataomm
1yr ago
This dialog is kind of funny in its over-the-topness but do you really not understand that the black people and white people have very different hair? Try a google image search for "black men's hairstyles"
zataomm
4mo ago
Yeah, weird. Mod intervention or bug? Definitely a bug in the sense it was not “deleted by user” (me)
zataomm
4mo ago
There are Federal crimes related to slavery though: 18 U.S. Code § 1583 - Enticement into slavery. This is more than just a gotcha; we're talking about punishments here, and I don't really see how the 13th amendment can be self-executing with regard to charging, trying, and punishing an individual for holding someone else in involuntary servitude. So if we imagine a case where a slave sued his enslaver who held him in bondage after 1865, sure, the court would rule that the slave could no longer be held, but without further legislation, they couldn't really specify a punishment for the slave holder. Presumably the slaveholder could then be sued in civil court for damages by his slave. I think in that case the 13th amendment would prevent the slaveholder from using "this man is my slave" as a defense.
Getting kind of far afield here, but the overall point is that the difference between sword and shield actually is important; if the Constitution establishes a specific punishment, then it makes sense to believe that it is up to Congress to establish a procedure for determining to whom that punishment should be applied.
On the other hand, I don't have much to say in response to your point about Jefferson Davis. It's a good point.
zataomm
4mo ago
Having now read the dissent by Samour I actually do think this is a slam dunk argument.
a sign saying "visiting hours 3-5 pm" at a hospital, from which we can glean that visiting isn't allowed outside this window
Apparently there is some debate about this, with many internet sources supporting your interpretation, but this is not how I understand the phrase "the exception proves the rule." Your example about limited hours (at a hospital, or parking) is commonly used but I don't really think it demonstrates the true meaning of the phrase. My perspective is, as long as people keep visiting the hospital between 3-5 pm, we can't really know what would happen if someone visits outside those hours. Maybe it is really enforced, or maybe the sign is like those vestigial "Please maintain 2 meter distance" signs we see everywhere nowadays, and nobody really cares.
So the way we really prove (in the sense of to test, as in "the proof of the pudding is in the eating) is when a visitor shows up at the hospital at 6pm. If they are turned away, then there really is a rule that nobody can visit outside the hours of 3-5 pm. If they are let in, there is no such rule. So in other words, it's not the sign, but the attempted visit outside "visiting hours," that proves the rule.
Edit: For transparency, the Wikipedia article which I indirectly referenced here thinks I'm engaging in wishful thinking about what I think the phrase should mean, rather than its actual origin. Which.... may be a fair criticism.
zataomm
6mo ago
You're right that whether I feel sad is not the point of this discussion. The fact that it has generated several replies should indicate to you that people think there is something interesting to be discussed, and it is not my sadness. Here are the bullet points of what we are talking about:
- public policy decisions are made as a function of public discourse
- a significant(?) number of people are unable to have rational discussions, i.e. weigh the pros and cons, of matters of public policy importance
- this situation as described leads to bad public policy decisions which are difficult to correct
I actually don't think I understand your point overall but it feels like your point is we can't rationally prove that pain and suffering are bad, so checkmate rationalists, we're no better than anyone else. Which... okay.
zataomm
6mo ago
Frankly, I think this is a terrible theory of mind.
Well... I disagree that it is a terrible theory of mind. In line with the main theme of this discussion, people just don't tend to think very deeply about most issues. And I don't believe that the average person who supports, say, rent control laws, understands the economic argument against them but still supports them because they have a different moral philosophy from economists, even though I agree that in theory there could be such a person with such a philosophy. I just think most voters go by "gut instinct", so if something sounds bad, they want a law against it, and if it sounds good, they want a law promoting it.
zataomm
8mo ago
Well, it may be wrong, but so far I’ve provided one definition of fraud from Georgia law and another from Merriam Webster that include deceit. You haven’t provided one that doesn’t.
zataomm
10mo ago
Why not? The attack he is responding to was the opener to Kagan’s dissent
zataomm
1yr ago
Thanks for this, I hadn't heard of Exploit Kits before. That said, the vulnerability seems to come from the used-to-be-common experience where a browser would open an Adobe plugin or whatever, something which is uncommon-to-nonexistent nowadays. In the Wikipedia article the first source they site explaining what Exploit Kits are is an article from 2013!
I did ask for what's possible in the worst case scenario, so fair enough, but I'm still wondering if there are exploits that use a (modern) browser alone, without relying on opening other software. I guess this is another stupid question, but do browser plugins even exist anymore? I can't remember the last time I saw a page with a plug-in.
zataomm
4mo ago
The thread is intended as a follow-up to this comment. America-centric for sure but it seems pretty important. Donald Trump, a leading candidate for one of the two major political parties has been declared ineligible for the presidency because, according to the supreme court of Colorado, he engaged in an insurrection against the US government.
zataomm
4mo ago
I've been going over the Colorado decision and found this passage from the majority opinion shocking:
Although we do not find Griffin’s Case compelling, we agree with Chief Justice Chase that 'it must be ascertained what particular individuals are embraced by the definition.' 11 F. Cas. at 26. While the disqualification of Section Three attaches automatically, the determination that such an attachment has occurred must be made before the disqualification holds meaning. And Congress has the power under Section Five to establish a process for making that determination. But the fact that Congress may establish such a process does not mean that disqualification pursuant to Section Three can be determined only through a process established by Congress. Here, the Colorado legislature has established a process—a court proceeding pursuant to section 1-1-113—to make the determination whether a candidate is qualified to be placed on the presidential primary ballot.
This just... doesn't seem right. Imagine Congress passes a law granting some benefit to Americans with disabilities, and furthermore establishes a Board to review cases and determine which people are entitled to the benefit, could a State really set up its own separate Board and establish its own criteria determining who is "disabled"? It seems like this would be challenged and lose, ironically, under the 14th amendment, which disallows States from setting up their own processes by which to deny citizens rights to which they are entitled under federal law.
Ilya Somin addresses the gravity of civil liabilities compared to criminal penalties. He suggests that sometimes, a short prison term might be preferable to substantial civil damages. And he is approaching a really good point when he writes:
There are situations where the consequences of civil liability are so grave that the civil-criminal distinction may seem artificial, as when defendants end up paying enormous damages that force them into bankruptcy. A short prison term might be less painful than that.
Unfortunately, the next sentence is
But Section 3 disqualification isn't one of those cases.
I say "unfortunately" because he was on the verge of an important conclusion. His analysis goes beyond simply stating, as a fact, that the criminal standard of proof is different from the civil standard of proof, and actually explains why the legal system makes such a distinction. He even points out that in some cases, a light criminal punishment would be preferable to a harsh civil punishment. And yet, for some reason, his analysis stops there, just saying that "disqualification isn't one of those cases" where we really need to really think about what standard of proof is appropriate.
So, instead of just stating, without evidence(!), that "disqualification isn't one of those cases", let's think about the importance of Section 3 disqualification. If you become the nominee for one of the two major parties in the US, a reasonable estimate would be that you have a 50% chance of becoming President. How much time would you be willing to spend in jail to get that kind of chance? For me personally, I have basically no desire to be president, and even so I would be willing to spend, say, 6 months in jail, for the salary and pension alone (N.B. I am poor). Actual ambitious people would probably be willing to give up a lot more.
From the perspective of the American voter, not being able to vote for their preferred candidate is a big deal. This is the kind of statement for which no proof should be necessary, but as an attempt at proof I will offer the time and energy Americans dedicate to voting each election year. That behavior seems like sufficient demonstration that it is really important to them.
I do get it, we have to have standards in legal matters because we can't just let every judge and jury make decisions based on their own idiosyncracies. But rather than falling back on the claim, "well, disqualification is not really a punishment, because no one has the right to be President of the United States", I would suggest taking a second to think about what this concrete case of disqualification means, both to Trump and to his supporters. It is actually, to quote President Biden, "a big fucking deal", and should be treated as such.
Dismissing the severity of disqualification without deeper analysis underestimates its substantial impact on individuals and the democratic process. It deserves the same rigorous debate and consideration as any severe legal sanction.
zataomm
4mo ago
Yes, good call, I was confusing the criminal cases about interference with the current case.
zataomm
6mo ago
Maybe proto-Indian males were killing each other a lot in order to marry the victim's widow?
zataomm
9mo ago
This is a good point, and I am inclined to agree with you. On the other hand, I would point to the boring-seeming reference to "state academic standards as adopted in Rule 6A-1.09401", which when you look it up just establishes standards under various names like "Sunshine Math" for each subject. AP Psychology is definitely not part of those standards.
Still, if I were a lawyer representing a teacher accused of professional misconduct for teaching about sexuality and gender identity, I would argue that the clear intention of that reference was to authorize teaching about sexuality and gender identity, if such teaching was integral to a course recognized as important by the Florida Board of Education. In other words, teachers shouldn't just "go rogue" and teach whatever they want to students about sexuality and gender that has nothing to do with meeting state standards, but if the sexuality and gender identity content forms an established part of the course they are teaching, then they will be okay.
Like I said, I'm inclined to agree with your interpretation, but I do think if you read past the letters and numbers of Rule 6A-1.09401 there is an argument there that the law does not impact teachers' ability to teach about sexuality and gender identity to the extent that such teaching is necessary for the AP Psychology curriculum.
Anybody still check this out on Monday?
What's a good country and/or city just outside of the Schengen area to spend a month or two? Currently looking at Belgrade, Tirana, or somewhere in Montenegro. Cheapness is a very important consideration in this case.
zataomm
1yr ago
Yeah I find it amazing that the exact same principle ("incitement to violence") that they used to ban Trump based on flimsy logic is now being applied to Ye with a similarly flimsy connection between his tweets and "violence".
zataomm
1yr ago
I seem to recall an alert from a while back whereby if your password manager autofills login info, that could make you vulnerable, if you visit a site that embeds a bank's login page within an <iframe>, the parent site would be able to read the relevant DOM elements. Requires a specific browser setup, obviously, but would this still work? Are there exploits that cannot be circumvented by visiting unknown sites in Incognito mode, as I do from time to time when I am curious about a suspicious link?
zataomm
9mo ago
What I find infuriating about this discussion is how often the term "fake electors" is used. If the electors were "fake" and the electors commited "fraud", can anyone provide me with a count of how many of the fake electors' votes were mistakenly recorded in the Senate? Oh, none? Amazing! Well, what kind of detective work went into distinguishing the fake votes from the real votes? Was the Secret Service called in for their expertise in detecting counterfeit money?
Obviously the accurate term should be "contingent electors", in the sense that these would have been the correct electors if Trump prevailed in his various lawsuits. It's easy to imagine that in the case where he was able to establish fraud and the court determined that he had won the election, they wouldn't want the process to get held up by the need to quickly get some electors together to cast their votes and mail them to Washington, DC. The Georgia "fake slate" is dated December 14, so there would not have been much time to get these votes recorded if they had had to wait for all litigation to be resolved.
There's such egregious question-begging going on by calling them "fake electors", it makes me crazy how little pushback I have seen regarding this term.
I suppose so. If somehow Chrome granted a page access to the entire filesystem, obviously that would be very bad. But you're probably protected against such an exploit because come on, are you really going to be the first person they target with this attack? Although I retract this skepticism if you are actually a billionaire.
So okay, are they any known ways that a site could extract important private information about a user just by visiting a site (and, let's say, scrolling)?
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