Lion of the Blogosphere

Archive for the ‘Law’ Category

The other half of Griggs v. Duke Power Co., 401 U.S. 424 (1971)

with 15 comments

On HBD blogs, commenters only seem to remember that the Supreme Court held that Duke Power was not allowed to use an IQ test to hire workers. They forget that the Court also held that Duke could not use high school diplomas.

The facts of this case demonstrate the inadequacy of broad and general testing devices, as well as the infirmity of using diplomas or degrees as fixed measures of capability. History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. Diplomas and tests are useful servants, but Congress has mandated the common sense proposition that they are not to become masters of reality.

So people who say that employers use “diplomas or degrees” to hire because they’re not allowed to use tests, they have not bothered to read the case or understand it.

Employers use degrees to hire because it’s what they do, it’s a business tradition, an established way of doing things. Tests never caught on outside of computer programming.

Written by Lion of the Blogosphere

November 13, 2017 at 11:27 am

Posted in Law

Advice for Harvey Weinstein

Get the hell out of the country ASAP, before it’s too late.

This is a strategy that worked out very well for Roman Polanski.

Now that you’re public enemy #1, every girl you ever pissed off with your sexual perversity is going to come out of the woodwork, every prosecutor in the country is going to want a piece of you.

UPDATE

Weinstein has taken my advice!

Written by Lion of the Blogosphere

October 10, 2017 at 7:03 pm

Posted in Law

Ford pardoned Nixon

Just reminding people. And Ford wasn’t even elected for the job. I’ve heard so much “it’s insanely unprecedented for a President to pardon someone.” I think people have already forgotten the 1970s.

Andrew Johnson pardoned every Confederate soldier.

George Washington pardoned some people who took up armed rebellion against the new federal government (in what’s called the Whiskey Rebellion).

In comparison, Joe Arpaio’s pissing contest with the federal government over whether the states can enforce immigration laws (in my opinion Arpaio is right that the states should be allowed to enforce immigration laws) was small-time stuff. And kind of ironic: unlike past rebellions against federal law, Arpaio’s small personal administrative rebellion was in favor of enforcing federal law.

* * *

We Still Have Zero Evidence That Trump Colluded With Russia (long read, but excellent)

Written by Lion of the Blogosphere

August 30, 2017 at 2:16 pm

Posted in Law

ACLU: White Supremacists no longer entitled to all First Amendment rights

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/16/odd-statement-from-the-aclu-of-california-white-supremacist-violence-is-not-free-speech/

While the ACLU continues to support “peaceful” free speech, the statement implies that the ACLU believes that “white supremacists” are inherently violent and thus not entitled to the freedom to assemble.

One also gets the impression that actual facts (as to whether or not they really are violent) don’t matter. “White supremacist” automatically means violent person. (On the other hand, I do support banning weapons from protests, which needs to be enforced against both protesters and counter-protesters. We’re lucky that, so far, people haven’t started shooting at each other.)

The Jew-hating Daily Stormer website is still off the internet. The Russian internet companies joined the global crackdown. I don’t particularly like Jew-haters, but it’s the beginning of the slippery slope that will eventually lead to blogs like mine being removed from the internet, cheered on by the ACLU.

* * *

And in other news, a 145-year-old statue of Chief Justice Taney in Maryland was spirited away overnight.

How are we any different than ISIS?

Written by Lion of the Blogosphere

August 18, 2017 at 8:12 am

Posted in Law

Robert Mueller is rich

http://www.politico.com/story/2017/08/08/robert-mueller-counsel-financial-records-241414

He must hate Trump a lot to give up a $3.5 million/year job just to destroy him.

Written by Lion of the Blogosphere

August 9, 2017 at 7:43 am

Posted in Law, Politics

The President’s pardon power

Maybe someone has been reading my blog. Last month I recommended that Trump should pardon Flynn.

From today’s Washington Post:

Trump has asked his advisers about his power to pardon aides, family members and even himself in connection with the probe, according to one of those people. A second person said Trump’s lawyers have been discussing the president’s pardoning powers among themselves.

Another question I have: Who is leaking this stuff to the press? Any lawyer talking about confidential conversations with clients should be disbarred.

Written by Lion of the Blogosphere

July 21, 2017 at 7:02 am

Posted in Law

Tort reform?

“gda” writes in a comment:

Krauthammer says tort reform alone would lower health costs 25%. But of course the lawyers work assiduously to make sure there is no real discussion, and certainly no implementation, of that.

Great idea, Republicans should work on tort reform instead of repealing Obamacare. Everybody would win except for lawyers.

Written by Lion of the Blogosphere

July 19, 2017 at 2:03 pm

Trump should pardon Flynn

Just to demonstrate that he has the Constitutional authority that do that. No one could say that Trump “obstructed justice” when the person being investigated is immune to ever being put in prison for the crime being investigated.

And it’s my opinion that Flynn genuinely doesn’t deserve to be investigated and charged with crimes that no one else in his situation would have been charged with. The Deep State is just out to get him because he’s a friend of Trump.

Trump could point out that Bill Clinton pardoned Mark Rich who was guilty of real crimes and not fake crimes.

* * *

Re-read my February 15, 2017 post about Michael Flynn where I supported Trump firing him, and pointed out that Flynn is “a little bit nutty” and “lacking in managerial competency” and not that smart.

These are the qualities that make him a weak link, and therefore the subject of an investigation whose real objective is to build a case (or rather create a political climate) for the impeachment of Trump.

Written by Lion of the Blogosphere

June 11, 2017 at 11:13 am

Posted in Law

The story so far?

The FBI never found anything that would show Trump colluded with the Russians to hack emails, or even that anyone working for him did that.

We also know that Comey hates Trump, and that Comey wants him impeached (if you have even the least ability to read between the lines of Comey’s testimony, then you know that).

Comey knows that if you investigate enough, eventually you find something. There are so many laws that everyone is guilty of something, especially if you’re involved in activities with very complicated laws, an activity like dealing with foreign governments.

Flynn was seen as the weakest link among Trump’s people, so he became the main target of investigation. He was investigated for talking to Russians AFTER Trump already won the election and not filling out government paperwork correctly (which is probably like not filling out your taxes correctly in a manner that’s beneficial to the taxpayer, something that most people have done). If everyone on Hillary Clinton’s team was investigated so thoroughly, I am sure the similar stuff would have been found there. If anything, more so, I get the impression that Hillary’s people don’t think that the law applies to them.

Comey says Trump is a “liar,” but what Trump allegedly lied about is why he fired Comey. Let’s get real here, no ever says the real reason why they fire someone. NEVER. Trump didn’t feel like it was appropriate to to say “I fired Comey because he’s trying to get me impeached, and I’m really pissed about that.” So instead he said some bullshit.

Normally, at that level, people are asked to hand in their resignation, and everyone pretends like there wasn’t actually a firing, but Trump knew Comey would never have agreed to that.

Written by Lion of the Blogosphere

June 9, 2017 at 7:25 am

Posted in Law, Politics

Is Alan Dershowitz reading my blog?

He wrote at Fox News:

I think it is important to put to rest the notion that there was anything criminal about the president exercising his constitutional power to fire Comey and to request – “hope” – that he let go the investigation of General Flynn. Just as the president would have had the constitutional power to pardon Flynn and thus end the criminal investigation of him, he certainly had the authority to request the director of the FBI to end his investigation of Flynn.

That sounds very much like what I wrote this morning:

Constitutionally, I don’t see how [obstruction of justice is] possible, because the President has the authority to tell DOJ and the FBI who to investigate and who not to, and furthermore Trump has the power to pardon anyone he wants for whatever reason, so surely he has the lesser power to do whatever it is that liberals think he did.

Notice that we both mention the President’s pardon power.

* * *

Barrack Obama should know very well that the President has the power to tell federal law enforcement what NOT to do. He directed federal agencies not to enforce the immigration laws.

Written by Lion of the Blogosphere

June 8, 2017 at 6:48 pm

Posted in Law, News

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