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Comment "Bivens" says otherwise (Score 1) 699

In Bivens versus six unnamed agents (1971), the US Supreme Court said that sovereign immunity does not apply for violations of Constitutional rights; moreover, liability goes all the way to the top, to the official which sets the policy. And the 7th Circuit recently said that Donald Rumsfeld gets to enjoy that lack of immunity, for what happened at Gitmo.

Comment Airport Security vs. The Constitution (Score 1) 699

She should follow the lead of Aaron Tobey http://m.reason.com/26819/show/3fe6fddb77a895bbc137549ae0bff688&t=179ecfc42749c8364dcc4ef8ef6095a6: not to be raped is certainly a Fourth-Amendment Constitutional right, and in Bivens v. Six Unknown Named Agents (1971), the Supreme Court ruling in Bivens says you can seek monetary damages for the violation of your constitutional rights -- all the way to the top of the responsible agency; sovereign immunity does not apply for violation of Constitutional rights . Following this precedent, the 7th Circuit Court of Appeals said that Rumsfeld is not immune for violations at Gitmo.

Tobey is suing Homeland Security Secretary Janet Napolitano and Transportation Security Administration chief John Pistole; she should, too.\

Comment Re:Here's why; aside (Score 1) 156

I've used Ubuntu, Mint, Fedora, CentOS, etc, and all of them have relatively poor repos compared to Mandriva and I had to hunt around...they are still pumping out an excellent distro.

I have to work with a variety of distros (RHEL, SuSE, Fedora, CentOS, ubunto) on the servers at my office, as well as running Mandriva on desktops and at home, and agree it is far the easiest to deal with in terms of available repos, etc. (Just try building the latest GRASS on SuSE!)

French people + documentation apparently = disastrous mess

Agreed. When I was studying computability theory, one of the texts was by a native French-speaker, the other native-Greek. I had to understand the proofs in order to be able to figure out what the words in the theorem-statements meant!

Comment Re:Meaning of "limited" (Score 1) 190

NO

As a mathematician I claim to be professionally expert in the meaning of the word "limited". Working with limits is my profession.

In my nonhumble amd expert opinion, the Eldred decision took as fanciful a definition of "limited" as Bill Clinton did with his "It all depends upon what the meaning of 'is' is.".

Frankly, in Eldred the Supreme Court broke the Law of the Land.

Comment NOT Binding -- rather, an extortion attempt! (Score 3, Interesting) 581

Many contracts are not legally binding.

IANAL, but...

Two good examples: real estate transfers and copyright transfers, both of which require specific written language.

The dentist's contract is inconsistent with the copyright law's requirements for copyright transfer (and hence is null and void, as a matter of law).

It is extortion for the doctor or dentist to use his position of authority so to attempt to coerce the patient in a manner contrary to law.

Comment ...crashing MS Word (Score 4, Interesting) 470

I had a DOC that was crashing my Word 2007 and I got it opened with ...LibreOffice.

MS Word's doc-parser has been flaky for <drumroll>...decades</drumroll>.

Both I at my office (environmental modeling) and my wife (corporate legal) have had abiword and Openffice save the day many times when MSWord declared documents to be corrupt. Frankly, the opensource doc-parser library is much more robust than the one from Redmond. Do you know how much fun it is to be 8 hours from an NSF grant-deadline and have MSWord declare your proposal corrupt when yoo go to do the final printing? Abiword saved us that time -- way back in 1996! (and the situation hasn't improved much since.)

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