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Old 01-22-2011, 10:15 PM   #526
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Re: hiding behind the weight of our lawyer credentials

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Originally Posted by LessinSF View Post
As a condition of licensing, but he is not licensed.

P.S. for Con Law geeks, this debate on the individual mandate captivated me - http://volokh.com/2011/01/21/barnett...date/#comments
Really? I mean, wrong board and all, but the whole "inactivity" thing is pretty transparent. Choosing to pay for health care out of pocket isn't inactivity any more than hiring without checking on the age of your new hire isn't inactivity. Both are active commerce decisions. Barnett's attempt to avoid it is pretty silly.

Moreover, Barnett asserts it's only allowed if there is a supreme court case that directly says it's allowed. Yeah. That's back assward and fundamentally misstates the way our system works. Nor would Barnett say that in pretty much any other context.

Note, also, which of the two speakers actually talks about what recent Supreme Court cases actually say.

Barnett, however, clearly takes the prize for smugness.

Finally, it is only the third sense of constitutionality (as described by Barnett) that matters right now.

Ultimately, there isn't anything here that hasn't been on their blog recently.
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Old 01-22-2011, 11:13 PM   #527
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Brrrr

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68 in Jan. In SF. Drinking beer outside. Global warming rocks! Suck it.
0 in Mpls expecting -13* tonight. Drinking box wine indoors because it's too cold to go out. 55" of snow so far this winter; could be 75" before spring.

This is one of those winters when the doubters ask "So where's that global warming now, huh?"

*It was -16 when I left for work Friday morning and we get the benefit of city warming. Was -26 at the farm only an hour north of the Cities.
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Old 01-23-2011, 04:47 AM   #528
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Re: hiding behind the weight of our lawyer credentials

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Really? I mean, wrong board and all, but the whole "inactivity" thing is pretty transparent. Choosing to pay for health care out of pocket isn't inactivity any more than hiring without checking on the age of your new hire isn't inactivity. Both are active commerce decisions. Barnett's attempt to avoid it is pretty silly.

Moreover, Barnett asserts it's only allowed if there is a supreme court case that directly says it's allowed. Yeah. That's back assward and fundamentally misstates the way our system works. Nor would Barnett say that in pretty much any other context.

Note, also, which of the two speakers actually talks about what recent Supreme Court cases actually say.

Barnett, however, clearly takes the prize for smugness.

Finally, it is only the third sense of constitutionality (as described by Barnett) that matters right now.

Ultimately, there isn't anything here that hasn't been on their blog recently.
I should have been clearer, but Iphone posting has its limits.

The Con Law aspect of the discussion that I found so interesting was not about the individual mandate, per se. It was regarding, in general, the extent that the Court is going to extend the reach of the Commerce Clause (maybe as further extended by the Necessary and Proper Clause). Can the Feds (not State) criminalize me making gin from juniper grown in my own backyard?

Can it criminalize not making it, from my otherwise unused juniper bushes? As consiglieri asked, can they make me not do nothing (a couch potato), other than conscription? Has the interpretation of the Commerce Clause (excluding substantive due process) come so far that I could be force fed tofu?
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Old 01-23-2011, 06:57 AM   #529
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Re: Box wine

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MN has fucked up alcohol laws.
Yes, not conducive to helping a young rocker -- before he knew about the vitamin c thing -- come down off an acid high in -23 degrees.
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Old 01-23-2011, 09:36 AM   #530
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Re: hiding behind the weight of our lawyer credentials

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I should have been clearer, but Iphone posting has its limits.

The Con Law aspect of the discussion that I found so interesting was not about the individual mandate, per se. It was regarding, in general, the extent that the Court is going to extend the reach of the Commerce Clause (maybe as further extended by the Necessary and Proper Clause). Can the Feds (not State) criminalize me making gin from juniper grown in my own backyard?

Can it criminalize not making it, from my otherwise unused juniper bushes? As consiglieri asked, can they make me not do nothing (a couch potato), other than conscription? Has the interpretation of the Commerce Clause (excluding substantive due process) come so far that I could be force fed tofu?
A Court recently held it is unconstitutional to force people to buy health insurance- does that help your analysis?
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Old 01-23-2011, 12:42 PM   #531
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Re: hiding behind the weight of our lawyer credentials

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Can the Feds (not State) criminalize me making gin from juniper grown in my own backyard?
That was resolved in Wickard v. Filburn and reconfirmed in Gonzales v. Raich.
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Old 01-24-2011, 10:01 AM   #532
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So here is the situation...

This is completely hypothetical of course.

Let's say that Curious George, who works at Company A, has been offered a position at Company B. Curious George is also interviewing at Company C, and is waiting to hear back to see if there will be a third interview.

Company B's offer was lower than what George makes at Company A, and George was surprised and disappointed because he likes the people at Company B and thinks that things would really work out there in the long run. Nevertheless, Company's B offer was significantly lower than expected, and would result in some serious short term budget cuts for George and the man with the yellow hat.

George also likes the way Company C does business, and it's likely that, if Company C makes an offer, it will be higher than what George makes at Company A. Of course, George has no offer from Company C, but would like to hold off on responding to Company B until he does or does not get one.

What should George do? Try to negotiate with Company B? Inform Company C that he has an offer from B in order to determine their time line for hiring? Inform B that he is interviewing elsewhere?
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Old 01-24-2011, 10:20 AM   #533
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Re: So here is the situation...

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Originally Posted by Did you just call me Coltrane? View Post
This is completely hypothetical of course.

Let's say that Curious George, who works at Company A, has been offered a position at Company B. Curious George is also interviewing at Company C, and is waiting to hear back to see if there will be a third interview.

Company B's offer was lower than what George makes at Company A, and George was surprised and disappointed because he likes the people at Company B and thinks that things would really work out there in the long run. Nevertheless, Company's B offer was significantly lower than expected, and would result in some serious short term budget cuts for George and the man with the yellow hat.

George also likes the way Company C does business, and it's likely that, if Company C makes an offer, it will be higher than what George makes at Company A. Of course, George has no offer from Company C, but would like to hold off on responding to Company B until he does or does not get one.

What should George do? Try to negotiate with Company B? Inform Company C that he has an offer from B in order to determine their time line for hiring? Inform B that he is interviewing elsewhere?
I'm the last person from whom one should take advice on these matters. That said, assuming that you think you would prefer to work at Company C, I would try to negotiate with both of them. So, yeah, tell C you have another offer but you're really interested in working with them and is there anything we can do to expedite the process? Tell B, the offer isn't quite what you're looking for, especially in light of other potential opportunities that interest you, but maybe there's room to close the gap.
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Old 01-24-2011, 10:44 AM   #534
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Re: So here is the situation...

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Originally Posted by Did you just call me Coltrane? View Post
This is completely hypothetical of course.

Let's say that Curious George, who works at Company A, has been offered a position at Company B. Curious George is also interviewing at Company C, and is waiting to hear back to see if there will be a third interview.

Company B's offer was lower than what George makes at Company A, and George was surprised and disappointed because he likes the people at Company B and thinks that things would really work out there in the long run. Nevertheless, Company's B offer was significantly lower than expected, and would result in some serious short term budget cuts for George and the man with the yellow hat.

George also likes the way Company C does business, and it's likely that, if Company C makes an offer, it will be higher than what George makes at Company A. Of course, George has no offer from Company C, but would like to hold off on responding to Company B until he does or does not get one.

What should George do? Try to negotiate with Company B? Inform Company C that he has an offer from B in order to determine their time line for hiring? Inform B that he is interviewing elsewhere?
Tell B you really like the opportunity EXCEPT you're not sure you can take the pay hit, so can they consider more, or at least understand you need time to see if you can make that money go- (is there the potential for quick raise once B sees the actual work?)

As to C, let it know you have other offers and see if they can speed things up- as to letting B and C know about each other, I have never heard of other offers HURTING em- in fact when we interview I always ask where else em is looking- I would think less of someone who doesn't at least try to see if there is anything else out there.
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Old 01-24-2011, 10:51 AM   #535
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Re: So here is the situation...

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Originally Posted by Did you just call me Coltrane? View Post
This is completely hypothetical of course.

Let's say that Curious George, who works at Company A, has been offered a position at Company B. Curious George is also interviewing at Company C, and is waiting to hear back to see if there will be a third interview.

Company B's offer was lower than what George makes at Company A, and George was surprised and disappointed because he likes the people at Company B and thinks that things would really work out there in the long run. Nevertheless, Company's B offer was significantly lower than expected, and would result in some serious short term budget cuts for George and the man with the yellow hat.

George also likes the way Company C does business, and it's likely that, if Company C makes an offer, it will be higher than what George makes at Company A. Of course, George has no offer from Company C, but would like to hold off on responding to Company B until he does or does not get one.

What should George do? Try to negotiate with Company B? Inform Company C that he has an offer from B in order to determine their time line for hiring? Inform B that he is interviewing elsewhere?
Last time I changed jobs I had a Company A/Company B situation (no Company C in my case). Company B's offer was lower than I'd expected. On the advice of an insider, I made a pitch that Company B's offer wasn't commensurate with what I would bring to the organization yadda yadda yadda, and got a significant salary concession. I later learned that Company B appreciated the opportunity to negotiate with me because you learn more about a prospective employee when you disagree about something important, in contrast to everybody sucking everybody else's dick during the job interview process. Talk to them about money directly rather than saying you need to "think about it"; if they get upset about you asking for more it means they've got a pathological management philosophy about money and will be difficult to work for.
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Old 01-24-2011, 10:58 AM   #536
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Re: So here is the situation...

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Tell B you really like the opportunity EXCEPT you're not sure you can take the pay hit, so can they consider more, or at least understand you need time to see if you can make that money go- (is there the potential for quick raise once B sees the actual work?)

As to C, let it know you have other offers and see if they can speed things up- as to letting B and C know about each other, I have never heard of other offers HURTING em- in fact when we interview I always ask where else em is looking- I would think less of someone who doesn't at least try to see if there is anything else out there.
The only thing I'd add to this is that George needs to get out of the Man with the Yellow Hat's House and find a nice monkey his own age to live with.
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Old 01-24-2011, 11:10 AM   #537
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Re: So here is the situation...

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The only thing I'd add to this is that George needs to get out of the Man with the Yellow Hat's House and find a nice monkey his own age to live with.
Or at least pick up a check once in a while. That monkey makes all of us hard working monkeys look bad.
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Old 01-24-2011, 12:48 PM   #538
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Re: Lamest k race win ever

I liked this photo guide to the Bears Packers game. Especially the part about Jay Cutler's hat.

My rooting interests are now with the Packers. My fondest dream is that Clay Matthew removes the spinal column of that douchebag Ben Rothlesburger somewhere in the first quarter.
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Old 01-24-2011, 02:11 PM   #539
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Re: So here is the situation...

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Originally Posted by Did you just call me Coltrane? View Post
This is completely hypothetical of course.

Let's say that Curious George, who works at Company A, has been offered a position at Company B. Curious George is also interviewing at Company C, and is waiting to hear back to see if there will be a third interview.

Company B's offer was lower than what George makes at Company A, and George was surprised and disappointed because he likes the people at Company B and thinks that things would really work out there in the long run. Nevertheless, Company's B offer was significantly lower than expected, and would result in some serious short term budget cuts for George and the man with the yellow hat.

George also likes the way Company C does business, and it's likely that, if Company C makes an offer, it will be higher than what George makes at Company A. Of course, George has no offer from Company C, but would like to hold off on responding to Company B until he does or does not get one.

What should George do? Try to negotiate with Company B? Inform Company C that he has an offer from B in order to determine their time line for hiring? Inform B that he is interviewing elsewhere?
What kind of company hires a fictional monkey?
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Old 01-24-2011, 02:27 PM   #540
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Re: So here is the situation...

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The only thing I'd add to this is that George needs to get out of the Man with the Yellow Hat's House and find a nice monkey his own age to live with.

That show drives me nuts. George ALWAYS does something he's not supposed to do, which causes all kinds of damage/harm. Yet he never suffers any consequences as a result. How is he ever going to learn?
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