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Author Topic: Calm and Cool Progressive Discussion Thread  (Read 1286078 times)

Pnx

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1125 on: April 21, 2012, 09:24:25 pm »

Don't worry guys, I'm sure they'll be able to make this problem go away by giving people money.
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palsch

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1126 on: April 22, 2012, 07:36:39 am »

There was a pending Supreme Court case Truean posted some time ago addressing whether or not foreigners could bring American corporations to court for human rights violations and such in their countries. Haven't heard anything else about it, though.
If it was this one then;

a) American citizens can't sue organisations under the Torture Victim Protection Act because that act only covers individual action.
b) It's a little bit more complicated than that. And a parallel case over rights to sue under the Alien Tort Statute is being reargued next term.
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Truean

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1128 on: April 22, 2012, 02:37:33 pm »

There was a pending Supreme Court case Truean posted some time ago addressing whether or not foreigners could bring American corporations to court for human rights violations and such in their countries. Haven't heard anything else about it, though.
If it was this one then;

a) American citizens can't sue organisations under the Torture Victim Protection Act because that act only covers individual action.
b) It's a little bit more complicated than that. And a parallel case over rights to sue under the Alien Tort Statute is being reargued next term.

Yeah, so basically the corporation can literally order torture by its employees, but until and unless you can determine the individual who tortured you, you can't sue shit. More of the "corporations are exempt from anything" mentality killing us. Unanimous too.... So go ahead and sue the unnamed, masked individual.... Garnish the assets of "John Doe...." :)
___________________________________________________

http://finance.yahoo.com/news/1-2-graduates-jobless-underemployed-140300522.html
I'm sick of living in a world of unnecessary poverty in the name of illusory progress, with a government that knows less than I do and has a worse track record of creating jobs than I personally do. It can't continue indefinitely. I need people with actual incomes in order to pay my legal fees in order to have some pretense of justice in this country.
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

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palsch

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1129 on: April 22, 2012, 02:50:46 pm »

Yeah, so basically the corporation can literally order torture by its employees, but until and unless you can determine the individual who tortured you, you can't sue shit. More of the "corporations are exempt from anything" mentality killing us. Unanimous too.... So go ahead and sue the unnamed, masked individual.... Garnish the assets of "John Doe...." :)
Reading the history, these torturers were known and named in the original case. Then dismissed because they couldn't be served.

And it would be a fairly easy fix for congress. The issue is that the law refers very explicitly to individuals. Replacing that with 'entities' or similar would be enough to allow this. I believe there was a deliberate expansion in a separate law that allows state sponsors of terrorism to be sued under the TVPA (part of the 1996 anti-terrorism push after the WTC bombing). Adding another for corporations and other organisations would be child's play.

And the odds of that happening...
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Truean

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1130 on: April 22, 2012, 03:02:54 pm »

Yeah, so basically the corporation can literally order torture by its employees, but until and unless you can determine the individual who tortured you, you can't sue shit. More of the "corporations are exempt from anything" mentality killing us. Unanimous too.... So go ahead and sue the unnamed, masked individual.... Garnish the assets of "John Doe...." :)
Reading the history, these torturers were known and named in the original case. Then dismissed because they couldn't be served.

And it would be a fairly easy fix for congress. The issue is that the law refers very explicitly to individuals. Replacing that with 'entities' or similar would be enough to allow this. I believe there was a deliberate expansion in a separate law that allows state sponsors of terrorism to be sued under the TVPA (part of the 1996 anti-terrorism push after the WTC bombing). Adding another for corporations and other organisations would be child's play.

And the odds of that happening...

Quote
Then dismissed because they couldn't be served.
You know as well as I do, that this is fatal to a case all the same. So named or not (and even if they were in this case, how often does that happen?).... "Hello, my name is bill, and I'll be torturing the shit out you today, and probably tomorrow depending upon if you live or not. Have a lovely day and enjoy the water boarding, sleep deprivation and whatever else I feel like doing to you....."

Quote
And it would be a fairly easy fix for congress.
Congress could make the law apply to corporations. You've stated that correctly and noted how unlikely that is. Moreover, as a practical matter, you've got to prove a connection via agency principles between the SoB torturing you and the company. It's a crazy thing really. [sigh] Business as usual may now sometimes include torture overseas.... :(
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

Please don't quote me.

ggamer

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1131 on: April 22, 2012, 09:20:31 pm »

bottom line, although I hold nothing but anger for some people in this thread, they probably changed me for the better.
Aw, not again. Are you serious? I already gave you my apologies.

Set someone on fire once and they never forgive you for it.

no, not you. Sorry for the misconception. It's mainly a guy I had a really frustrating argument with and one guy who scared the fuck out of me over PM.

GlyphGryph

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1132 on: April 22, 2012, 09:46:53 pm »

Is it me? ^ww^
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MetalSlimeHunt

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1133 on: April 22, 2012, 09:54:04 pm »

Is it my psychopathic alternate personalty, WoodBlobFish?

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Nadaka

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1134 on: April 23, 2012, 10:10:37 am »

Technically it was vectors progressive thread...

I am the boogeyman.
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GlyphGryph

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1135 on: April 23, 2012, 10:32:12 am »

Well, I am the Walrus.


Coo coo cachoo
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Truean

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1136 on: April 23, 2012, 11:16:58 am »

http://finance.yahoo.com/blogs/daily-ticker/busted-wal-mart-caught-massive-bribery-scandal-goes-150100011.html?l=1

So the bribes involved internal accounting fraud.... This, is a problem.... Moreover, the Foreign Corrupt Practices Act makes it illegal to bribe officials in countries in which American companies do business. It is not a defense to say "that's the way business is done in Mexico." This company willingly incorporated in the U.S. and subjected itself willingly to U.S. law. Even if it is Wal-Mart's defense, then it must come out directly and say so, however, that still wouldn't do it....

A corporation, no matter how large, cannot thumb its nose at law. It is a fundamental question who has more power: the government(s) or the corporation(s). Answer carefully....
_______________________________________________________________________________________

So does anyone know what's up in Holland currently? I dunno. I heard something about them having a large budget dispute currently. Same thing with the French. Are we looking at European Political Stability Shakeups in the northern countries? I heard something about them possibly losing their AAA bond rating. That sucks if true.
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http://www.addictinginfo.org/2012/04/22/american-nuns-reject-vaticans-orders-say-they-are-not-going-to-stop-caring-for-the-least-among-us/

You know what's sad? Even under cannon law (the law of the catholic church) they really haven't done anything wrong.
What were these freaking nuns chastised for? Well, it was “focusing its work too much on poverty and economic injustice, while keeping ‘silent’ on abortion and same-sex marriage.”

This is a nun talking:
After the report was published, Campbell said it was “painfully obvious” the Vatican leadership was “not used to having educated women form thoughtful opinions and engage in dialogue.”

These are, by definition, the church's most loyal female supporters and they're getting chastised not for speaking out, but for silence and working with the poor.... ??? In other words, they aren't being the Vatican's cheer leaders.... This is a massive tactical blunder. "The nuns have been silent on issues of same-sex marriage and on birth control and that is where they have been at odds with the church."
« Last Edit: April 23, 2012, 11:33:19 am by Truean »
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

Please don't quote me.

Frumple

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1137 on: April 23, 2012, 11:44:30 am »

Not sure if much to say besides "go nuns go." The church's response isn't very surprising, unfortunately :-\

Also wondering how/if th'walmart thing's going to effect prices in th'things. Lot of people in my area basically rely on the damn place to be able to get by.
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EveryZig

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1138 on: April 23, 2012, 12:02:48 pm »

I found the nuns' reasonableness slightly surprising, and the Vatican's response completely unsurprising.
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Truean

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Re: PoH's Calm and Cool Progressive Expression Thread
« Reply #1139 on: April 23, 2012, 12:09:59 pm »

I found the nuns' reasonableness slightly surprising, and the Vatican's response completely unsurprising.

Ideology goes straight out the window when you're dealing with real life problems head on.I suspect the Vatican doesn't have to deal with young unwed mothers and people who can't afford health care and thus won't get help for either of these problems. The nuns, on the other hand, I suspect they do deal directly with these problems....

Not sure if much to say besides "go nuns go." The church's response isn't very surprising, unfortunately :-\

Also wondering how/if th'walmart thing's going to effect prices in th'things. Lot of people in my area basically rely on the damn place to be able to get by.

That would depend upon how DoJ handles it. It's possible they could face a large fine and if we have an attorney cavalier enough in an AG or SG position that wants to bring them down a peg, they could. Too many variables at present to deal with. It is potentially wide ranging, especially that "accounting fraud," shit. How they would chose to spread that loss internally is a good question and would depend on too many t hings to answer.
« Last Edit: April 23, 2012, 12:14:24 pm by Truean »
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

Please don't quote me.
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