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Comment Re:Isn't this what Libertarians WANT? (Score 1) 627

Allow me to refine the statement, then. Speaking only for myself--though I suspect many will agree, I am not appointed as their mouthpiece--I've no problem with the government enforcing contracts. The issue is that the government has taken it upon itself to say that for this type of contract, we're putting very narrow qualifications on who is permitted to enter into the deal. Having such strict limitations is relatively rare, and in nearly all other cases, has been struck down as unconstitutional. Even in the same realm (marriage), we've struck down such restrictions as anti-miscegenation rules (see Loving v. Virginia, 388 U.S. 1 (1967)). Outside of marriage, there are almost no restrictions on who can enter into a contract; the few that exist tend to center on capacity. Individuals are free to come as pairs, small groups, or very large groups, with structures to allow all to act as a single entity; to allow one to make binding decisions for the others; to own property in common; to share in gain or loss; etc. In fact, we even have a name for such coming-together:

Incorporation.

Comment Re:Are you a human being? (Score 1) 527

The Flying Tigers were active duty airmen, not volunteers. This made their flights against the Japanese an act of war by the US government against Japan, well before the actual declared hostilities.

The Flying Tigers were volunteers; they resigned their commissions in the US armed forces before taking the assignment.

Now, I'll grant you, the US government provided tacit support funneled through corporate intermediaries, including allowing the volunteers to leave the service, but as a matter of formality, they were not agents of the US government.

Comment Re:Guns without Ammo? (Score 0) 570

On occasion, several of these nations hold temporary bazaars in large warehouse-like buildings where you can go in and trade the local currency for all sorts of weapons - no questions asked.

To the bolded bit: not so much. If the seller is a dealer--and the majority of them are--you have to go through the same paperwork (form 4473) and background check as if you'd bought it at the store. If the seller is a private individual, yes, you can buy without the check, but then, you can do that any time, gun show or not. Also, if the gun is of certain categories (short-barreled rifle/shotgun, machine gun, destructive device, etc.) it has to go through the background check, other paperwork, and an expensive tax stamp regardless of whether it's a dealer or private seller.

The "gun show loophole" is a myth.

Comment Re:Strong enough plastics? (Score 3, Insightful) 570

It's also a legal requirement for any sort of handgun. If it's not rifled, it's legally classed as a short-barreled shotgun, which is much more difficult (in some jurisdictions, outright impossible) to own legally. An SBS is any smoothbore device with a barrel length (measured from the face of the closed bolt to the muzzle) less than 18", or a total overall length less than 26."

Comment Re:Ancient societies had diff values. News at 11! (Score 3, Insightful) 245

This is a good point, And a difficult one to discuss, at least in the US. At that time (and for a shamefully long time after it) the common belief was that black people couldn't take care of themselves. They were viewed either as livestock or like a (working) pet. Today, this thought is reprehensible...but it was a commonly held belief then.

Exactly. The modern view is that nobody can take care of himself, and needs a government nanny to look after him.

Comment Re:Ancient societies had diff values. News at 11! (Score 1) 245

1. Recess appointments are constitutional. Article II section 2. Even George Washington had a recess appointment.
2 The dream act hasn't been put in place by anyone. The president is just doing what every president since Reagan's Amnesty has done. He just made it a political football by by stating so publicly to score political points with a constituent group.
3. No insurer should be allowed to deny reasonable medical care based upon religious ideology if they are participating in government programs. This is also in the constitution.

Go back and read it again, this time for comprehension. I'll even boldface the important part:

* Making unconstitutional recess appointments by declaring congress in recess when it was not
Article I, Section 4 says "Each House may determine the Rules of its Proceedings..." and "Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days...." Please explain to the class how those clauses give the President the power to determine whether the Senate is in recess.

* violating First Amendment protections by forcing all insurers to provide birth control
Please explain to the class how selling insurance constitutes "participating in government programs."

Comment Re:Naive, because most investors (especially VCs). (Score 2) 438

And by law, for anything to be valid, it must be documented. If there is a verbal NDA, its not valid in court, unless there is audiotapes. Then again, that might not be the legal standard.

You're right, it isn't. Certain kinds of contracts are required to be in writing; they're defined under what's commonly known as the Statute of Frauds. Though there is no such single statute for the entire country (it varies by jurisdiction), the traditional categories are:

  • Contracts in consideration of marriage. This provision covers prenuptial agreements.
  • Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes.
  • Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement.
  • Contracts by the executor of a will to pay a debt of the estate with his own money.
  • Contracts for the sale of goods involving a purchase price of $500 ($50 in Alberta, Canada) or more (proposed Amended UCC 2-201(1) requires a writing for contracts for the sale of goods of a price of $5000 or more).
  • Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.

In contracts covered by the Statute, it must be a written contract; an audiotape won't cut it (some courts are allowing electronic methods to count as "signed writings" in recognition of the progress of technology).

Outside of the Statute of Frauds, contracts need not be written to be enforceable (and yes, an oral or handshake deal is a contract). However, there's a caveat: while the contract exists and is binding, it may be difficult to prove without a writing (this is where your audiotape comes in). This is an evidentiary problem, though, not a contract problem; if you can provide evidence (audiotapes, witnesses, actions in performance, etc.) to convince the court of the existence of the contract, it is quite valid. Actually, you'd be surprised at just how much business is handled on a handshake (particularly in farming).

Comment Re:Firing in US (Score 1) 582

So you think paying someone worth $75k $60k isn't exploitation?

Well, sure it is; the real question is, what's wrong with that?

The very first definition for "exploit" as a verb is "to utilize, especially for profit; turn to practical account." The word has acquired a secondary, derogatory, understanding, but at it's core, it just means to put something to use.

Consider a programmer working as a solo contractor. He has knowledge--programming--that his client needs. Is the client exploiting him? Absolutely: his skill is a resource laying fallow when he's not working, and when the client employs him, it's put to constructive use. Here's the rub--he's exploiting the client, too: the client has money (or accounts receivable, or what-have-you), and the contractor values that money more than he values the time he could spend not working. Who is exploiting whom? The client, profiting from the use of the contractor's skill, or the contractor, withholding that skill from all except those who pay his ransom? The answer is that both are exploiting the resources of the other, in the first definition, and there's absolutely nothing wrong with that. The exchange of resources (and labor is just as much a resource as capital or physical resources) is the basis of all commerce, and fundamentally, the basis of all human advancement.

Furthermore, yes, I expect to make a profit on my exchanges. That doesn't necessarily mean a straight dollar profit. I work for, say, $60,000 per year. I generate much more than that for my employer. However, I also get other things from my employer, starting with not having to establish my own client base, to engage in day-to-day management, and a whole host of other things. My skill may generate $150,000 worth of income to my employer, but there's no way I could realize that working on my own--the other functions of the company enhance my own value to the point that the sum is considerably greater than the whole of its parts. Is the company exploiting my talent? Sure (again, see the first definition). Is the company somehow being underhanded? Not at all--I know the deal, I'm free to walk away from it at any time, and I've decided that it's more profitable to stay here. I've been an employer, too, and you can bet that I didn't pay everything I made to the employees. If I don't get to keep a dollar, why should I even bother doing the work it takes to employ him? If I can walk away with $0 in my pocket by not employing him, or $0 in my pocket by employing him--and doing all of the work associated with that--why in the world would I bother? If I can contribute extra effort and make nothing, or sit on the beach and make nothing...what kind of stupid question is that?

So--I acknowledge that yes, it's exploitation. Show me where 1) that's a bad thing, and 2) preventing employers from taking profit wouldn't result in massive unemployment as employers get out of the business of hiring.

Comment Re:Firing in US (Score 2) 582

Actually, the free market could provide the solution here: if the contract were worded to require contractors to provide security staffing "with an error rate not exceeding x%," and penalty clauses for breach (up to and including termination of the contract), contractors would have an incentive to get it right, which would include listening to legitimate concerns about vulnerabilities.

In a government bureaucracy, however, anything that embarrasses one's superiors (from a direct boss all the way up to the institution itself) tends to be smacked down because there is no institutional penalty for failure, only personal penalties; as a result, individuals act ruthlessly to protect themselves, at the expense of the organization.

People will (almost) always act in their own best interest as they perceive it; the trick is to align their interest with the organization's.

Comment Re:Sure, but (Score 1) 229

Education is paid for by the residents of the state, typically by income or property taxes. Defense is paid for by Federal taxes. Roads are funded at least in part by fuel taxes, which would apply to the delivery trucks carrying the stuff you purchase from Amazon.

Any more ill-considered arguments?

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