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Comment: Re:Need automatic "loser pays" in jurisprudence (Score 1) 57

by mi (#48468273) Attached to: Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor

Except we would be worse off

No. The change I propose would discourage big (guys or companies) from going after small (guys or companies) frivolously — when they don't care whether they win or lose, they just want the small to fold for fear of legal costs regardless of outcome. With my system, if you are sure of being right, you don't need to fear ruin upon winning.

because now on top of everything else the little guy has to pay the legal bills of the big company that screwed him over.

What "screwed over"? The judge/jury just ruled, that the "big company" was right. The loser ought to pay — whether he is large or little. The court has ruled and found him in the wrong. Pay up.

Comment: Re:Need automatic "loser pays" in jurisprudence (Score 1) 57

by mi (#48468163) Attached to: Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor

The legal fees should be capped

Maybe.

Small guy stretches his budget and pays $10,000 in legal fees. Big company's legal budget is $10 million.

If the target of the lawsuit (your hypothetical company) was forced to spend $10 million to defend itself, then, yes, $10 million it will be. Unless, maybe, the judge will tell them, they didn't need to feed 10 lawyers black caviar. But it is entirely possible that the parties' legal costs will be in different orders of magnitude — that may still be perfectly legitimate.

Now, granted, you may not be automatically entitled to all of your legal costs upon winning. But you certainly ought to be entitled to something. Something substantial. Like, say, $10K for each felony allegation, that did not hold — and $5K for each such alleged misdemeanor.

Comment: Re:Need automatic "loser pays" in jurisprudence (Score 1) 57

by mi (#48467977) Attached to: Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor

what do you do when one of those entities with large legal budgets initiates frivolous proceedings and wins precisely because they have said budget and the other guy doesn't?

They can already do that, so we would not be any worse off. My proposal would not seriously help those with large legal budgets — but it will help those with small ones.

Comment: Need automatic "loser pays" in jurisprudence (Score 3, Insightful) 57

by mi (#48467687) Attached to: Hacker Threatened With 44 Felony Charges Escapes With Misdemeanor

It's no secret that prosecutors usually throw every charge they can at an alleged criminal

They wouldn't be doing it, if they — the prosecuting agency(ies) — faced non-trivial monetary loss for every charge, that did not hold up in court...

To keep it harder for entities — both private and governmental — with large legal budgets to initiate frivolous proceedings, the loser must pay winner. There is no such thing currently and even winning a suit can leave one with thousands of dollars in debt. It must become automatic and not require a separate lawsuit by the winner to recoup his legal costs.

Comment: Re:Can Iowa handle a circus that large? (Score 1) 178

by DigiShaman (#48467577) Attached to: Former HP CEO Carly Fiorina Considering US Presidential Run

In fact it did, Tea Party sits between Libertarian and Republican. But it won't officially split into two seperate parties as that would "split the vote". In fact, that's how the Republicans lost a few elections because votes splintered off to Libertarian or Independent. That gave the Democrats the majority vote. So when push comes to shove, the Tea Party voters will still vote Republican. Blame the process.

Comment: Re:Can Iowa handle a circus that large? (Score 2) 177

by MightyMartian (#48467503) Attached to: Former HP CEO Carly Fiorina Considering US Presidential Run

Toxic to whom? Bill Clinton left office in 2000 with astonishingly good approval ratings, despite Gingrich's and Co's endless attempts to destroy him.

Now Hillary Clinton is no Bill Clinton, but I don't think the Clinton name in general is nearly as toxic as, say, the Bush name (although, in Jeb's defense, I don't think he's the mumbling bumbling alcohol-fried moron his brother is).

Comment: Re:Can Iowa handle a circus that large? (Score 2) 178

by DigiShaman (#48467405) Attached to: Former HP CEO Carly Fiorina Considering US Presidential Run

Which is why I haven't donated to the GOP since after GWB 2nd term. The Republican Party is dead to me. Fuck both parties.

For all you Republicans out there, there will NEVER be another Ronald Reagan. Forget about it. Just move on and go back to core basics in freedom and liberty. The Libertarian platform is your best hope, just drop the identity politics as authoritative tyranny needs to be stopped. It's urgent!. Unfortunately it's tainted by a bunch of anarchist nut balls, but I believe it's worth cleaning up and reorganizing to make it a viable serious party.

"Everything should be made as simple as possible, but not simpler." -- Albert Einstein

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