_________________ "Though some may think there should be a separation between art/music and politics, it should be reinforced that art can be a form of nonviolent protest." - e.v.
_________________ I remember doing nothing on the night Sinatra died
And the night Jeff Buckley died
And the night Kurt Cobain died
And the night John Lennon died
I remember I stayed up to watch the news with everyone
I wonder if the other justices feel slighted or overlooked by this???
Doubt it. As PD has said many a time, the position holds no more power than the others, it's more of a traditional thing. It's not like Roberts is going to walk in on day one and start calling the shots...he's still a rookie among seasoned veterans so I would imagine it will take some time to establish clout among the others.
_________________ Deep below the dunes I roved Past the rows, past the rows Beside the acacias freshly in bloom I sent men to their doom
Does every court march so perfectly in order? With 4 members on the right, never-ever leaning even slightly to the left, and 4 members on the left, never-ever leaning even slightly to the right?
_________________ "Though some may think there should be a separation between art/music and politics, it should be reinforced that art can be a form of nonviolent protest." - e.v.
I would say I agree with all but two of those. Not bad, not bad. I have no idea on why people can't constitutionally sue the government for financing anything religiously oreinted though...
Joined: Sun Oct 17, 2004 1:14 am Posts: 37778 Location: OmaGOD!!! Gender: Male
LittleWing wrote:
I would say I agree with all but two of those. Not bad, not bad. I have no idea on why people can't constitutionally sue the government for financing anything religiously oreinted though...
The reasoning of the court, which makes no sense, is because it was an executive branch allocation of funds under a general spending provision from congress, they can't sue. Beats me.
The two worst, in terms of idiotic law, are the pay discrimination case and the price floors case. Price floors have ALWAYS been assumed to be price fixing and anti-market. This case turned that on its head. But the pay discrimination case requires a person to file their claim within 180 days of when the pay is SET, not when the discrimination is discovered. Most, nearly all, people who have been discriminated against in pay don't even discover that any discrimination is occurring for YEARS after they are hired, because most companies don't allow you to know what other employees are paid. Congress is already working to change the language of the statute to fix this assinine ruling.
_________________ Unfortunately, at the Dawning of the Age of Aquarius, the Flower Children jerked off and went back to sleep.
Joined: Mon Oct 18, 2004 4:52 pm Posts: 10620 Location: Chicago, IL Gender: Male
punkdavid wrote:
But the pay discrimination case requires a person to file their claim within 180 days of when the pay is SET, not when the discrimination is discovered. Most, nearly all, people who have been discriminated against in pay don't even discover that any discrimination is occurring for YEARS after they are hired, because most companies don't allow you to know what other employees are paid. Congress is already working to change the language of the statute to fix this assinine ruling.
As an attorney for a firm that represents a lot of companies in employment cases, I can say that I definitely buck the trend among attorneys here in agreeing with you. The holding is ridiculous.
An often overlooked case, however, is the court's opinion changing pleading standards in federal court. No longer is it viewed as "notice pleading." You actually have to plead facts to state a claim (imagine that). I still can't believe that this opinion hasn't received more attention. It makes it a lot harder for people to get through the door when filing a complaint (and rightfully so).
Joined: Sun Oct 17, 2004 1:14 am Posts: 37778 Location: OmaGOD!!! Gender: Male
Chris_H_2 wrote:
punkdavid wrote:
But the pay discrimination case requires a person to file their claim within 180 days of when the pay is SET, not when the discrimination is discovered. Most, nearly all, people who have been discriminated against in pay don't even discover that any discrimination is occurring for YEARS after they are hired, because most companies don't allow you to know what other employees are paid. Congress is already working to change the language of the statute to fix this assinine ruling.
As an attorney for a firm that represents a lot of companies in employment cases, I can say that I definitely buck the trend among attorneys here in agreeing with you. The holding is ridiculous.
Maybe the other attorneys in that department at your firm shouldn't be so happy. They may be guaranteed a win now, but the number of cases brought is going to drop so much, they might be out of business.
Quote:
An often overlooked case, however, is the court's opinion changing pleading standards in federal court. No longer is it viewed as "notice pleading." You actually have to plead facts to state a claim (imagine that). I still can't believe that this opinion hasn't received more attention. It makes it a lot harder for people to get through the door when filing a complaint (and rightfully so).
I hadn't even heard of this case. But as important as it may be in fact, how interesting is a matter of civil procedure to the news-consuming public? No wonder it hasn't been covered. I underastand what it means, and it still bores me to tears.
_________________ Unfortunately, at the Dawning of the Age of Aquarius, the Flower Children jerked off and went back to sleep.
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