Comments for Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Wed, 23 Apr 2014 21:18:57 +0000 hourly 1 http://wordpress.org/?v=3.8.1 Comment on Schools roundup by Stewart Peterson http://overlawyered.com/2014/04/schools-roundup-14/comment-page-1/#comment-281027 Wed, 23 Apr 2014 21:18:57 +0000 http://overlawyered.com/?p=45378#comment-281027 I’d also venture to guess that somebody who faceplanted on asphalt when they were 6 or 7, and remembers it well, and remembers that they did it to themselves by making a mistake, is much less likely to think they’re invincible when they’re 18 and away from home for the first time than someone who has always been protected from petty failure.

Gotta let kids make mistakes early and in a setting where the consequences are low.

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Comment on Schuette v. Coalition, in tweets by Ron Miller http://overlawyered.com/2014/04/schuette-v-coalition-tweets/comment-page-1/#comment-280998 Wed, 23 Apr 2014 16:31:08 +0000 http://overlawyered.com/?p=45425#comment-280998 This whole thing is ridiculous and outrageous. You should be ashamed.

How can you justify this blatant end-run around the 140 character word limit on Twitter?

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Comment on On a computer case by Don Miller http://overlawyered.com/2014/04/computer-case/comment-page-1/#comment-280982 Wed, 23 Apr 2014 14:08:06 +0000 http://overlawyered.com/?p=45429#comment-280982 I think they are trying to be funny. Pelican makes a lot of waterproof products for divers, including camera bodies. They are designed to protect a non waterproof camera and still use it. Their waterproof electronics cases are popular with campers who want to take their electronics into the woods with them.

Both are situations where shark bites or bear attacks could, not likely, happen.

Any manufacturer with any brains will not warranty anything that has been exposed to a 5 year old child. Those are dangerous to everything and everyone around them. :)

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Comment on On a computer case by MattS http://overlawyered.com/2014/04/computer-case/comment-page-1/#comment-280979 Wed, 23 Apr 2014 13:38:48 +0000 http://overlawyered.com/?p=45429#comment-280979 I like the last part: “This guarantee does not cover shark bite, bear attack or damage caused by children under five.”

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Comment on On a computer case by Speed http://overlawyered.com/2014/04/computer-case/comment-page-1/#comment-280963 Wed, 23 Apr 2014 11:56:43 +0000 http://overlawyered.com/?p=45429#comment-280963 The Damage Waiver Bearly Covered This One
Not being willing to let things go with just a full pushover, the bear decided jumping up and down on the equipment would be a good idea too.
http://www.lensrentals.com/blog/2012/05/the-damage-waiver-bearly-covered-this-one

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Comment on On the Bundy Ranch confrontation by Davis Political Review | Bunkerville is no Bunker Hill http://overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-280884 Wed, 23 Apr 2014 00:00:42 +0000 http://overlawyered.com/?p=45219#comment-280884 […] perspective is misguided, however. As correctly noted by senior fellow at the Cato Institute’s Center for Constitutional Studies Walter Olson, Cliven […]

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Comment on Allergic to vetoes? by John Fembup http://overlawyered.com/2014/04/veto-unconstitutional/comment-page-1/#comment-280856 Tue, 22 Apr 2014 20:51:05 +0000 http://overlawyered.com/?p=45019#comment-280856 Allan says “I don’t think there was a good choice here. there, almost literally, was nothing the president could do, other than to vow not to enforce the law.”

Of course there was a “good choice”. Obama could have signed the law and proceeded to see that it is enforced. Or, if he believes it is unconstitutional, he could have vetoed the law and forced Congress to override. In other words, you know, Obama could have chosen to act in accordance with the Constitution and his oath of office.

So I’d say instead that the president has once again violated his oath of office to faithfully execute the laws of the United States.

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Comment on Allergic to vetoes? by Imaginary http://overlawyered.com/2014/04/veto-unconstitutional/comment-page-1/#comment-280854 Tue, 22 Apr 2014 20:44:30 +0000 http://overlawyered.com/?p=45019#comment-280854 If he did veto it, and the veto was overridden it still would not make the law constitutional. That is a completely separate issue and should be decided by the courts, assuming they do not duck it as a political question. The current supreme court case Zivotofsky v. Kerry is an interesting dispute between POTUS and Congress with many similarities. And signing statements by various presidents are being used to support how far executive authority extends.

This signing statement is largely just posturing because the law only prohibits visas to UN ambassadors whereas POTUS has authority to receive ambassadors to the US and it appears the State Department denied the visa anyway.

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Comment on Allergic to vetoes? by Allan http://overlawyered.com/2014/04/veto-unconstitutional/comment-page-1/#comment-280847 Tue, 22 Apr 2014 20:19:05 +0000 http://overlawyered.com/?p=45019#comment-280847 I believe that he did not veto for political reasons. That is, the original vote for the law was by u unanimous consent, almost guaranteeing it had enough votes to override a veto. In other words, the bill was to become law one way or another.

So, either the president could sign the law, declaring it unconstitutional. Or he could veto it, it could get passed again, and he could choose not to enforce it.

I don’t think there was a good choice here. there, almost literally, was nothing the president could do, other than to vow not to enforce the law.

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Comment on Radley Balko on structuring/”smurfing” laws by Allan http://overlawyered.com/2014/04/radley-balko-structuring/comment-page-1/#comment-280829 Tue, 22 Apr 2014 18:22:09 +0000 http://overlawyered.com/?p=44760#comment-280829 Forgiveness of income tax debt gets you spitting mad? I envy you for being able to ignore a lot of things that are much more outrageous (such as jailing people for innocently putting $9,999 into a bank account).

I am not real excited about that one either, but there are many, many, many, more govermental caused problems that are worse.

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