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Comment: "Bivens" says otherwise (Score 1) 699

by coats (#37333276) Attached to: TSA Groper Files Suit Against Blogger
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

by coats (#37333084) Attached to: TSA Groper Files Suit Against Blogger
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

by coats (#37240728) Attached to: Mandriva 2011 Out

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

by coats (#36376922) Attached to: Supreme Court Takes Up Scholars' Rights
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

by coats (#36243218) Attached to: Doctors To Patients: First, Do No Yelp Harm

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.

Of what you see in books, believe 75%. Of newspapers, believe 50%. And of TV news, believe 25% -- make that 5% if the anchorman wears a blazer.

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