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Authored by: Anonymous on Friday, June 29 2012 @ 07:52 AM EDT |
The irony is, even farmers are not immune to this problem. At the rate things
go, I don't know of any industry which will be immune.[ Reply to This | # ]
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- Just lawyering, probably. - Authored by: Anonymous on Friday, June 29 2012 @ 08:09 AM EDT
- Maybe This Is Only Funny To A Lawyer, ~mw - Authored by: Anonymous on Friday, June 29 2012 @ 08:12 AM EDT
- Maybe This Is Only Funny To A Lawyer, ~mw - Authored by: Anonymous on Friday, June 29 2012 @ 08:27 AM EDT
- Big Giggle!!!!!! - Authored by: Anonymous on Friday, June 29 2012 @ 08:38 AM EDT
- Truth about farming... can't start small one easily, or even a small business (both are same). - Authored by: Anonymous on Friday, June 29 2012 @ 09:21 AM EDT
- farmer's plight: Monsanto is like SCO - Authored by: Anonymous on Friday, June 29 2012 @ 12:50 PM EDT
- Today's is even better! - Authored by: JamesK on Saturday, June 30 2012 @ 07:19 AM EDT
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Authored by: Anonymous on Friday, June 29 2012 @ 08:10 AM EDT |
Having received a JUD (Junior Under Achiever) in law from PJ at Gorklaw I feel
well qualified to discuss the SCUSA opinion in the recent ObamaCare case.
1. There were 4 issues before the court in this case. Only 2 will be discussed
as the other2 have no bearing on the outcome.
2. Judicial conservatism is when the court rules on only the items before the
court. Judicial activism is when the court rules on issues not before the
court.
3. The first issue before the court was one of is ObamaCare a tax or not.
4. The court ruled for the purpose of this preceding ObamaCare is not a tax. If
the court had ruled that ObamaCare was a tax for this proceedings then the cause
would have been over with at that point as no court action may be made against a
tax until the tax has been paid.
5. The court ruled by at least 5 to 4 (and maybe more since we have no idea of
the internal vote was on this section) that ObamaCare violated the Commerce
Clause and was unconstitutional.
6. At this point the court went into judicial activism and rules on an issue
sort of before the court that ObamaCare was a tax.
7. Ruling ObamaCare a tax means that the law was constitutional because there
was no action before the court as to the law being unconstitutional or not if
ObamaCare is a tax.
8. Since a tax has to be paid before a suit may be filed, the law does not take
effect for at least 2 years, and that it takes at least 3 years to go from
district court to Supreme court the court has effectively kicked the can down
the road for at lest 4 years.
9. Kicking the can down the road effectively removes ObamaCare and the Supreme
Court from the upcoming presidential election as a political issue.
10. Kicking the can down the road did not declare ObamaCare as a tax
constitutional. That issue is yet to be decided.
11. Kicking the can down the road through the political mess back into Reed and
Pelosi face with a time limit of 4 years to fix the mess.
12. And if Reed and Pelosi do not fix the mess the Supreme Court will have
another chance to through the whole mess out again in 4 years.
Would appreciate any additional enlightenment my esteem Groklaw professors can
provide as there are additional points not conceived of or understood. [ Reply to This | # ]
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Authored by: Anonymous on Friday, June 29 2012 @ 08:38 AM EDT |
Perhaps we should all start polishing up our back-to-the-land
skills. [ Reply to This | # ]
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Authored by: Anonymous on Friday, June 29 2012 @ 10:12 AM EDT |
I love Reddit - Dilbert too, but this is Groklaw.
What's next?
Lawyer Dog memes
My
favorite part about law school? The homework...
It was delicious. [ Reply to This | # ]
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Authored by: PolR on Friday, June 29 2012 @ 01:33 PM EDT |
Posting on-topic in the off-topic thread is now patented. But if keep off topic
there is plenty of prior art.
[ Reply to This | # ]
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- Cisco royally screws up (N/T) - Authored by: Anonymous on Friday, June 29 2012 @ 01:50 PM EDT
- 'Journeys to the Edge': A New Journalism Model - Authored by: Anonymous on Friday, June 29 2012 @ 02:24 PM EDT
- Microsoft Looms As White Knight For RIM - Authored by: Gringo_ on Friday, June 29 2012 @ 02:39 PM EDT
- Chrome now world's most popular browser - Authored by: Gringo_ on Friday, June 29 2012 @ 03:14 PM EDT
- Vendors ditch Windows ARM devices over Surface - Authored by: Gringo_ on Friday, June 29 2012 @ 03:31 PM EDT
- Google Glass: Encore performance - Authored by: Gringo_ on Friday, June 29 2012 @ 03:55 PM EDT
- Megaupload 2.0 - Top Artists Line Up for Kim Dotcom’s Megabox - Authored by: Anonymous on Friday, June 29 2012 @ 04:12 PM EDT
- Canadian Internet users could face draconian restrictions as result of Pacific trade talks (TPP) - Authored by: Anonymous on Friday, June 29 2012 @ 05:47 PM EDT
- Megaipload: More Headlines - Authored by: Anonymous on Friday, June 29 2012 @ 06:28 PM EDT
- Visualized: The iPhone five years after launch - Authored by: Anonymous on Friday, June 29 2012 @ 08:12 PM EDT
- Adjust your clocks - Authored by: SpaceLifeForm on Friday, June 29 2012 @ 09:31 PM EDT
- Ireland wakes up, sets an excellent example - Authored by: SpaceLifeForm on Friday, June 29 2012 @ 10:09 PM EDT
- yardstick - Authored by: Anonymous on Saturday, June 30 2012 @ 05:30 AM EDT
- yardstick - Authored by: Anonymous on Saturday, June 30 2012 @ 12:56 PM EDT
- Wired interview with Babak Parviz: Project Glass - Authored by: Gringo_ on Saturday, June 30 2012 @ 01:41 PM EDT
- Windows Glass - Authored by: Anonymous on Saturday, June 30 2012 @ 02:28 PM EDT
- IP law: undemocratic, totalitarian, and unethical - Authored by: Anonymous on Saturday, June 30 2012 @ 03:49 PM EDT
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Authored by: PolR on Friday, June 29 2012 @ 01:36 PM EDT |
Please place the title of the news pick in the comment title. [ Reply to This | # ]
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Authored by: PolR on Friday, June 29 2012 @ 01:40 PM EDT |
If you have a contribution for this project, place it here. And thank you to all
the volunteers.[ Reply to This | # ]
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Authored by: Anonymous on Friday, June 29 2012 @ 01:45 PM EDT |
If you could afford to farm, you wouldn't have to!
artp, who needs to look up his password after a computer crash[ Reply to This | # ]
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Authored by: Anonymous on Saturday, June 30 2012 @ 12:16 AM EDT |
I read the judges opinion in the case. I would have hoped
that others on this forum would have done the same, this
forum being what it is. Sadly this is not the case.
In the trial, what the judge found was that the percentage
of corn ( IIRC ) in the farmers crop which was Monsanto's
was so large ( IIRC >90% ) that it could not happen simply
by accidental cross-pollination.
What the judge basically found was that the farmer
deliberately segregated accidentally cross-pollinated crops
and used them for next years seed, over and over. Thus
deliberately breeding seed very similar to Monsanto.
Has the farmer simply followed standard proc edure and not
tried to breed Monsanto corn he would have been fine.
[ Reply to This | # ]
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