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		|  05-05-2011, 12:22 PM | #166 |  
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Atticus Grinch  No, I'm agreeing with you about the frivolousness part.  Haven't read the Court of Appeals so I don't know if they say something convincing on that point or not. I do know if I were counsel to the school I would consider the PR consequences of attempting to collect.
 As for the "I feel bad she was raped" part, the problem is that I do, and so do you, and so does everybody.  I guess the question is what to do with that feeling.  It justifies a damages award against the school no better than it justifies an award against you -- it's irrelevant, but the sheer brutality of "it's irrelevant" doesn't play well with laypeople.  We're paid to make brutal assessments of whether two things are logically connected, or not.  It's sad I felt the need to preempt the "you're a heartless sack of shit" argument on a board with other lawyers, but I do.
 |  I fell badly that the school is run by assholes.  No buts on that one.
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		|  05-05-2011, 12:26 PM | #167 |  
	| Patch Diva 
				 
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Atticus Grinch  No, I'm agreeing with you about the frivolousness part.  Haven't read the Court of Appeals so I don't know if they say something convincing on that point or not. I do know if I were counsel to the school I would consider the PR consequences of attempting to collect.
 As for the "I feel bad she was raped" part, the problem is that I do, and so do you, and so does everybody.  I guess the question is what to do with that feeling.  It justifies a damages award against the school no better than it justifies an award against you -- it's irrelevant, but the sheer brutality of "it's irrelevant" doesn't play well with laypeople.  We're paid to make brutal assessments of whether two things are logically connected, or not.  It's sad I felt the need to preempt the "you're a heartless sack of shit" argument on a board with other lawyers, but I do.
 |  Apparently not everyone felt bad. The school put the rapist back on the team (I'm guessing he wasn't a bench warmer) because he only plead guilty to a misdemeanor.
 
From a legal basis maybe it's true that a cheerleader "speaks" for the school, but on a personal basis, I can't imagine what was going through the principal's mind when he decided the victim of a sexual assault had to make the choice to either clap and cheer for her assailant or give up being a cheerleader.  Talk about punishing the victim.
 
The guy must have been a real star because otherwise I can't imagine there wasn't someone on the school board who'd think through the issue and decide it would be OK if this one cheerleader didn't clap and cheer for this guy. Or even that he shouldn't be allowed back on the team because he was allowed to plead to only a misdemeanor. |  
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		|  05-05-2011, 12:27 PM | #168 |  
	| Patch Diva 
				 
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Greedy,Greedy,Greedy  I fell badly that the school is run by assholes.  No buts on that one. |  A big 2 to that! |  
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		|  05-05-2011, 12:33 PM | #169 |  
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Fugee  The guy must have been a real star because otherwise I can't imagine there wasn't someone on the school board who'd think through the issue and decide it would be OK if this one cheerleader didn't clap and cheer for this guy. Or even that he shouldn't be allowed back on the team because he was allowed to plead to only a misdemeanor. |  The school clearly felt it was better represented by a criminal with a jump shot than a cheerleader with a heart.  And the lawyers helped facilitate that.  Gee, I'm really proud of our profession, but...
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		|  05-05-2011, 12:36 PM | #170 |  
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				Re: My God, you are an idiot.
			 
 
	http://www.ca5.uscourts.gov/opinions...1075.0.wpd.pdfQuote: 
	
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					Originally Posted by Greedy,Greedy,Greedy  Regardless of the case outcome, the school administration qualifies as assholes.
 So some kid pled to a misdeamnor assault charge and they're letting him play?  Kick the criminal off the b-ball team.
 |   cofa
 
split grand jury- maybe he did wrong maybe not, but surely the angst over the allegation/fact was not something the school needed to be replayed each time the guy stepped to the free throw. Kick him off or kick her off, but I can see a lot of reasons for not letting the silent protest be repeated over and over.
				__________________I will not suffer a fool- but I do seem to read a lot of their posts   |  
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		|  05-05-2011, 12:46 PM | #171 |  
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Hank Chinaski  http://www.ca5.uscourts.gov/opinions...1075.0.wpd.pdf cofa
 
split grand jury- maybe he did wrong maybe not, but surely the angst over the allegation/fact was not something the school needed to be replayed each time the guy stepped to the free throw. Kick him off or kick her off, but I can see a lot of reasons for not letting the silent protest be repeated over and over. |  I suspect that as long as he's on the team, some kind of protest will be repeated over and over.
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		|  05-05-2011, 12:52 PM | #172 |  
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Greedy,Greedy,Greedy  I suspect that as long as he's on the team, some kind of protest will be repeated over and over. |  they're both graduated by now. there is a racially charged dispute- the school likely had no good answer to the dispute. if there is strong evidence he did rape her I would hope the kid got thrown off. If the school made the decision based "upon his jump shot" that's vile- but I'm fairly sure no school would let someone they know is a rapist stick around because of "his jump shot." More likely there is an allegation and a denial and no clear answer and the school has to go on. 
 
but maybe you're right. If she was simply silent it shouldn't have been that big a deal.
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		|  05-05-2011, 12:52 PM | #173 |  
	| the poor-man's spuckler 
				 
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Greedy,Greedy,Greedy  I suspect that as long as he's on the team, some kind of protest will be repeated over and over. |  He was a senior *last* year.
 
SI article about it here .
 
ps:  would appear he was more a football star than b-ball.
				__________________never incredibly annoying
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		|  05-05-2011, 01:07 PM | #174 |  
	| Moderasaurus Rex 
				 
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Atticus Grinch  I do know if I were counsel to the school I would consider the PR consequences of attempting to collect. |  Not to mention the marginal corrosive effects on the tiny little lump of blackened charcoal that is the superintendent's heart.
				__________________“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
 
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		|  05-05-2011, 01:07 PM | #175 |  
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Cletus Miller  He was a senior *last* year.
 ps:  would appear he was more a football star than b-ball.
 |  Oh, well that's different.  This is Texas, after all.
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		|  05-05-2011, 01:14 PM | #176 |  
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Cletus Miller  He was a senior *last* year. 
SI article about it here .
 
ps:  would appear he was more a football star than b-ball. |  That article makes me so glad (a) I am not in high school; (b) that my kids' sports don't involve large crowds or organized cheering; and (c) that I am very, very far from Texas.
 
I am sure I am glad for other things, like not having Atticus' job, but those seem like the big three.
 
So very, very much so very, very wrong there.
				__________________A wee dram a day!
 
				 Last edited by Greedy,Greedy,Greedy; 05-05-2011 at 02:11 PM..
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		|  05-05-2011, 02:34 PM | #177 |  
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				Yes, Virginia, there is a santy claws
			 
 
				__________________A wee dram a day!
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		|  05-05-2011, 02:49 PM | #178 |  
	| Southern charmer 
				 
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				Re: My God, you are an idiot.
			 
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		|  05-05-2011, 04:56 PM | #179 |  
	| I am beyond a rank! 
				 
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				Re: My God, you are an idiot.
			 
 
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					Originally Posted by Sidd Finch  Yes, pretty stupid.  You say "the details are still coming out, but right now our main concern is to ensure that we take advantage of the intelligence that was gathered during the raid."  Or, "the details are still coming out, but we are pleased that none of our brave soldiers were harmed in the operation."  Or, "the details are still coming out.  Who wants to drink a shot of whiskey and go look at strippers to celebrate???"
 After a few days, virtually no one will give a shit about the details.
 |  There always a significant disconnect between what Brennan and others said and what was reported. Almost always taking out the hedges, doubt and lack of precision. |  
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		|  05-05-2011, 05:01 PM | #180 |  
	| I am beyond a rank! 
				 
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				Re: My God, you are an idiot.
			 
 
	Quote: 
	
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					Originally Posted by Greedy,Greedy,Greedy  Regardless of the case outcome, the school administration qualifies as assholes.
 So some kid pled to a misdeamnor assault charge and they're letting him play?  Kick the criminal off the b-ball team.
 |  Or at least let her not cheer specifically for him. and don't ask for fees. 
 
Nobody other than her looks good here. Her counsel helped her bring a bad case. The superintendent is an ass. And the judges went out of there way to punish a girl for feelin victimized. 
 
Meanwhile she only looked for a very narrow opt out. |  
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