Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.

11 - 17 Dec 2017

by Bjinse Mon Dec 11th, 2017 at 10:03:04 PM EST

Your take on this week's news

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by Bjinse on Mon Dec 11th, 2017 at 10:06:30 PM EST
German conservatives reject `United States of Europe' ahead of coalition talksSPD leader Martin Schulz called for a United States of Europe by 2025.

SPD open to grand coalition talks, re-elects Schulz as party chair
Articles of Confederation

Diversity is the key to economic and political evolution.

by Cat on Tue Dec 12th, 2017 at 06:44:58 PM EST
[ Parent ]
Well, looks like we are close to a new government.

The Orbanite conservatives and the extreme right split everything up. Police, army and (unless the rumors of the so called "Constitutional Protection" moving to the chancellery are true) all secret services are going to the far-right. Nothing bad can come from this. The conservatives get CETA and "flexibility" meaning 12h work days, 60h weeks. Of course not as a general rule, but the main organization taking care of labour rule violations gets a massive budget cut.
Oh, and tuition fees at universities are reintroduced. This time explicitly not to fund Universities but something-something incentives. Basically you get to pay tuition when you have no income but get a reduced tax rate if you finish and don't really need the money.
Also the general smoking ban is gone because they like cancer or something.

Meanwhile the opposition Greens didn't make it into parliament after two splits. The leader of the main splinter group that made it into parliament, Peter Pilz their only member with any name recognition, was hit by sexual harassment allegations and ended up not accepting his mandate. The other splinter joined the communists though the resulting party got a worse result than the communists got alone.
That leaves the oligarch funded Neos and the main opposition party, the Social Democrats. I won't even write about the former and the latter are quite a mess,
partly because of their federal structure. The social democratic state party in Austria's smallest state is as close to the far right as makes no difference (they even govern in coalition). Their strongest party in the capital is currently looking for a replacement for the retiring long term mayor Michael Häupl. He didn't leave much sunlight to grow a successor so all candidates are comparably low profile. There is also the long term issue of their buying short term peace by advertisement in the truly vile free subway tabloids. (The Brits will know how that turns out in the end). Then there is the issue that ex-chancellor Kern is no Corbyn. He went heavy third way when in coalition with the conservatives, went along with all the silly harassment stuff like the "Burka-ban", was strongly against CETA before he was for it and overall I'm not sure what he is good for.

The media situation was very bad last time I looked and has gotten worse since. Additionally to the free tabloids I mentioned previously, there are of course the still the paid versions, the whole media aggregation around the Raiffeisen banking giant, one, if not the main force behind the conservative party and a rather new addition, the TV channel of Austria's richest man, producer of RedBull and "concerned citizen" Dietrich Mateschitz. Also the far right has the strongest social media game and different than in the US and UK there is no falloff in support for them among the young.

Honestly, they could have at least waited until all the corruption suits stemming from the last black - blue coalition are through the courts.

by generic on Fri Dec 15th, 2017 at 03:27:50 PM EST
[ Parent ]
Fun fact: We are also now going to steal refugees' money and phones.
And increase social justice by reducing minimal sustenacnce (first tiny bar) and a great reform to reduce administrative costs in the social security system (the other tiny bar).

by generic on Sun Dec 17th, 2017 at 12:29:04 AM EST
[ Parent ]
Hahaha, do you like the UK "porn" filter? Apparently our new government does.
by generic on Sun Dec 17th, 2017 at 06:54:36 PM EST
[ Parent ]
OK, instead of pointing out even more of the shockingly terrible ideas in the new government program(HARTZ4, regular rent recalculation) have some pictures of our chancellor and vice chancellor from the old times.
by generic on Sun Dec 17th, 2017 at 07:34:39 PM EST
[ Parent ]
Italy OKs Living Wills Amid Long-Running Euthanasia Debate
"Of course, we are still missing the legalization of euthanasia that we'll propose to the next parliament," said spokesman Marco Cappato of the right-to-die movement. Cappato is currently on trial in Milan for having helped bring blind paraplegic Fabbio Antoniani to Switzerland earlier this year to die in an assisted suicide clinic.
In a November speech taken by Italians as an endorsement of the pending legislation, Pope Francis repeated the church's opposition to euthanasia but also rejected the "therapeutic obstinacy" sometimes practiced by doctors when the benefits of heroic therapies to patients are debatable, negligible or non-existent.

Rights Court Sides With Italian Couples in Gay Marriage Debate
Italy's refusal to legally recognize the marriages of same-sex couples married abroad violates the couples' rights to respect for private and family life, the European Court of Human Rights ruled Thursday.
While the couples have since benefitted from a 2016 change in Italian law which recognized same-sex civil unions and allowed for the registry of same-sex marriages conducted abroad, the EU rights court noted the couples languished for several years before that in "a legal vacuum." ... The rights court ordered Italy to pay the 12 people involved nearly $5,900 each for their pain and suffering.

the law is retrospective as it should be

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 04:55:00 PM EST
[ Parent ]
Reuters (no link) reporting pro- and anti-independence parties are tied in the pre-election polls.  

She believed in nothing; only her skepticism kept her from being an atheist. -- Jean-Paul Sartre
by ATinNM on Wed Dec 20th, 2017 at 06:21:03 PM EST
[ Parent ]
French race row erupts as feminist forced off advisory body  - Guardian
A bitter row over the difficulties of debating racism in France has erupted after a high-profile feminist and anti-racism campaigner was forced off a government advisory body, prompting the resignation of the director and most of its members.

Journalist Rokhaya Diallo has repeatedly spoken out against what she calls institutional racism in France, notably police stop and search practices against non-white young men.

Diallo, 39, was one of 30 people appointed last week to France's national digital council, the CNNum, an independent commission of digital experts. The voluntary panel was to advise the centrist president Emmanuel Macron's government on a new, more inclusive digital policy.

The appointments were approved by the digital minister Mounir Mahjoubi - one of the few faces of ethnic diversity in government - as well as the prime minister. But the government then bowed to complaints about Diallo's presence.

by Bernard on Wed Dec 20th, 2017 at 09:08:27 PM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:06:49 PM EST
"Zuckerberg San Francisco General Hospital

Diversity is the key to economic and political evolution.
by Cat on Tue Dec 12th, 2017 at 06:27:48 PM EST
[ Parent ]
i also wondered (coming from San Francisco)...
He gave money but not without his name...

"Life shrinks or expands in proportion to one's courage." - Anaïs Nin
by Crazy Horse on Tue Dec 12th, 2017 at 10:12:14 PM EST
[ Parent ]
shades of "Egyptian and Italian Black Sea Trade, 1250-1500" o'er the big board: File in "No honor among thieves"

US tax reform could have `major' negative impact on global trade, Europeans warn

The letter is addressed to the Secretary of Treasury, Steve Mnuchin, and to the senior lawmakers on financial committees in the House of Representatives and the Senate. In particular, the EU countries are concerned about the proposed "excise tax" of 20% on payments made to foreign affiliated companies, unless they are connected to the US economy. This tax was included in the House of Representatives' version.
The Europeans are also concerned by the fact that it would impact non-US groups more than US conglomerates. [BWAH!] As regards to the reduced tax of 12.5% on income from good or services provide abroad, the letter states that it could be challenged as "an illegal export subsidy" under WTO rules.

a raft of documents addressing tax avoidance and evasion 5 Dec 2017 "BLACKLIST"

Diversity is the key to economic and political evolution.

by Cat on Tue Dec 12th, 2017 at 06:52:40 PM EST
[ Parent ]
Moscovici: Trump's[?] US could be tax haven blacklisted
The president-elect can consider himself warned then.
Well, he refused to give up any information and that didn't change the outcome of the election. Strange country, where you can avoid any taxation.
It would be great to get him [?] on the list!
I'm not promising that! We need some political adherence after all.

travesty within travesties developing ...

[S&D] MEPs try to add EU member states to the blacklist of tax havens
"The 'PANA' report is due to be debated and adopted on 12 December in Strasbourg."

Diversity is the key to economic and political evolution.

by Cat on Tue Dec 12th, 2017 at 07:06:14 PM EST
[ Parent ]
Management has made a decision to change EU Fair Tax Competition, Transparency & Real Economic Activity Day!
Vanuatu Day!.
Please make a note of it.

Diversity is the key to economic and political evolution.
by Cat on Tue Dec 12th, 2017 at 07:11:40 PM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:07:03 PM EST
The Child Rapist DID NOT WIN in Alabama (so far)

I can't believe this is going to stand, you watch.  Some dude named Doug Jones, a Dummycrap, is the "apparent winner" in the Alabama Senate race with 50% of the vote.  If the Repubs. can steal the election that put Dubya in the WH and gave this country SOOOO much fun, they can steal this baby.

I swear ... I go to take a nap at 7 p.m. thinking I'll wake up at 9 and a child rapist will be representing Alabama, a natural for that cocksucking worthless sack of shit state, and here I am hearing Chris Mathews crowing about the child rapist losing.  I hear a recount calling!

What is this world coming to that a child rapist can't win outright an election in Alabama?

They tried to assimilate me. They failed.

by THE Twank (yatta blah blah @ blah.com) on Wed Dec 13th, 2017 at 05:30:52 AM EST
[ Parent ]
Yeah, the next thing you know they won't let you breed with your sister anymore.
by rifek on Fri Dec 15th, 2017 at 02:14:00 AM EST
[ Parent ]
ALLL   RIGHT!!!  A fellow traveler!

They tried to assimilate me. They failed.
by THE Twank (yatta blah blah @ blah.com) on Fri Dec 15th, 2017 at 07:15:53 AM EST
[ Parent ]
go to Democracy Now!  for Fri. 12/15/17


The fun starts at 48:30

Have some popcorn!

They tried to assimilate me. They failed.

by THE Twank (yatta blah blah @ blah.com) on Fri Dec 15th, 2017 at 07:43:50 PM EST
[ Parent ]
We went from Ronny to Dubya to The Emperor.  The logical extrapolation to the next Repub Prez is .....

and I don't mean either Brad or the handyman.

They tried to assimilate me. They failed.

by THE Twank (yatta blah blah @ blah.com) on Sat Dec 16th, 2017 at 07:10:01 AM EST
[ Parent ]
And there was Bill Clinton:

President Clinton's tenure was characterized by economic prosperity and financial deregulation, which in many ways set the stage for the excesses of recent years. Among his biggest strokes of free-wheeling capitalism was the Gramm-Leach-Bliley Act, which repealed the Glass-Steagall Act, a cornerstone of Depression-era regulation. He also signed the Commodity Futures Modernization Act, which exempted credit-default swaps from regulation. In 1995 Clinton loosened housing rules by rewriting the Community Reinvestment Act, which put added pressure on banks to lend in low-income neighborhoods.
And he made student loans much harder to discharge.
by das monde on Sun Dec 17th, 2017 at 10:42:00 AM EST
[ Parent ]
And the Clintons have been well paid for their efforts.

She believed in nothing; only her skepticism kept her from being an atheist. -- Jean-Paul Sartre
by ATinNM on Mon Dec 18th, 2017 at 06:57:43 PM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:07:19 PM EST
"Gay cake," or public accommodation, litigation may  gradually reach world-class human right status. Current information, however scant, portends spill over among ahh vassal states.

Are all cakes created "equal"?
Is all labor "equal"? Or is all labor fungible? Yanno, like a Facebook account?

IF SO, why don't we all receive the same wage, salary, and compensation?

Tests of lawful and recognizable discrimination against a so-called protected classes of persons (specific US terminology for EEOC dependents to which the suit does not apply) owes interest to hearing of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in the US Supreme Court. The court has heard oral argument (113 ppp) but has not yet decided. To judge by innerboob chatter, amateur and expert spectators are uncertain of the outcome as few are unable or unwilling to ascertain the merit of comestible "art work" or pretext of free speech (the "expressive act") symbolized by an "art work" in plaintiff's defense for rejecting a commission tendered by an attested "ethnic" (sexual orientation) minority. Also many assume the "conservative" tribunal is predisposed to favor plaintiff's lawful religious exemption under the Restoration Religious Freedom Act.

By contrast, Guardian reports, "'Gay cake' row: born-again Christian bakers lose court appeal".

The three appeal judges on Monday were Northern Ireland's lord chief justice, Sir Declan Morgan, and Lord Justices Weatherup and Weir. In delivering their judgment, Morgan rejected the argument of lawyers for Daniel McArthur and his family that the bakery would have been endorsing gay marriage equality by baking the cake.
On Ashers' stance regarding the cake, Morgan said: "The supplier may provide the particular service to all or to none but not to a selection of customers based on prohibited grounds. In the present case the appellants might elect not to provide a service that involves any religious or political message. What they may not do is provide a service that only reflects their own political or religious message in relation to sexual orientation."

FWIW, my house atty indicates, Masterpiece Cakeshop lost its suit the minute owners affirmed objection to the "ethnic minority" per se. If owners had offered any other barrier to "free" trade (as is the custom), plaintiff's complaint would be difficult if not impossible to prove.

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 07:19:22 PM EST
[ Parent ]
This person has a demonstrable gift for sophistry as indicated in her remarks during oral argument and a dissenting opinion purporting to weigh the cost/benefit of "needlessly cruel" execution method rather than execution itself. And here we have ...
JUSTICE SOTOMAYOR: ...So how is this your client's expression, and how can we find something whose predominant purpose is virtually always to be eaten? Call it a medium for expressive expression. Mind you, I can see if they've -­ create a cake and put it in a museum as an example of some work of art, that might be different because the circumstances would show that they want this to be affiliated with themselves. But explain how that becomes speech, that medium becomes expressive speech.

It becomes expressive speech when the US Supreme Court says so, as with money payments to candidates' campaign treasuries.

STEP UP, tool, or go home.

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 09:00:45 PM EST
[ Parent ]
So long as this court continues to inveigh application of the 14th Amendment and entertains "a selection" of remedies to spurious 1st Amendment protections, this country will never be right. The domains of public and private acts must be defined.

Diversity is the key to economic and political evolution.
by Cat on Fri Dec 15th, 2017 at 09:40:59 PM EST
[ Parent ]
"Follow the evolution of inequality within countries with user-friendly graphs"
Release of the World Income Inequality Report 2018, on December 14, 2017

Diversity is the key to economic and political evolution.
by Cat on Sat Dec 16th, 2017 at 11:57:49 PM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:07:46 PM EST
Chinese ban on plastic waste imports could see UK pollution riseChinese ban on plastic waste imports could see UK pollution rise
Michael Gove, the environment secretary, said: "I don't know what impact it will have. It is ... something to which - I will be completely honest - I have not given it sufficient thought."

Expect UK "pivot to" west Africa.

Diversity is the key to economic and political evolution.

by Cat on Thu Dec 14th, 2017 at 05:41:00 PM EST
[ Parent ]
Not 'one thing' but one of many things to which Michael has not given sufficient thought.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Dec 14th, 2017 at 05:46:34 PM EST
[ Parent ]
Insufficient Thought - A fitting epitaph for the entire Conservative Government of the last 7 years

keep to the Fen Causeway
by Helen (lareinagal at yahoo dot co dot uk) on Thu Dec 14th, 2017 at 06:14:51 PM EST
[ Parent ]
They didn't need to think - just to do what they were told.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Dec 14th, 2017 at 07:03:11 PM EST
[ Parent ]
I wonder if this includes electronic waste. China has a big share of the "melt down electronics by hand with no protection" market worldwide. I am sure there are countries lining up to get a piece of that lucrative business, though.
by Zwackus on Fri Dec 15th, 2017 at 12:19:11 AM EST
[ Parent ]
This story is one verse of an emergent and timely "movement" to reform state-by-state interpretations of 8th Amendment protections. I suppose, this struggle to standardize penalties will be epic since "average" US Americans don't much care about cruel and unusual punishments and the "convo" is not "trending" among Twitter and Facebook thought-leaders or Russian meddlers.

Judge Finds New Orleans Debtors' Prison Unconstitutional

By charging poor prisoners fees they are unable to pay and relying on those fees to fund the court and pay salaries, Orleans Parish Criminal District Court is violating the Constitution, a federal judge ruled this week.
Approximately $1 million from various fines and fees goes into the Orleans Parish Criminal District Court budget each year. Vance wrote: "This funding structure puts the judges in the difficult position of not having sufficient funds to staff their offices unless they impose and collect sufficient fines and fees from a largely indigent population of criminal defendants."

Is there a view on socially acceptable --degressive or progressive-- punishments that one may construe as an authentic "consensus" across Europe?

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 05:34:46 PM EST
[ Parent ]
Grafters gonna graft
ce then, Musk seems to have quietly abandoned Hyperloop, while the companies attempting to build the technology, run by more serious people, are doing away with the promise of reducing construction costs to one tenth those of conventional high-speed rail. Instead, Musk has moved to a new shiny target in his quest to sell cars and compete with public transit: The Boring Company. I criticized some of what he was saying in Urbanize.LA last summer, but I'd like to go into more detail here, in light of a new fawning interview in Wired and an ensuing Twitter flamewar with Jarrett Walker. In short, Musk,

a) has little understanding of the drivers of tunneling costs,
b) promises reducing tunneling costs by a factor of 10, a feat that he himself has no chance to achieve, and
c) is unaware that the cost reduction he promises, relative to American construction costs, has already been achieved in a number of countries.

by generic on Mon Dec 18th, 2017 at 12:01:41 AM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:08:01 PM EST
by Luis de Sousa (luis[dot]a[dot]de[dot]sousa[at]gmail[dot]com) on Wed Dec 13th, 2017 at 03:20:39 PM EST
[ Parent ]
by generic on Thu Dec 14th, 2017 at 10:18:04 PM EST
[ Parent ]
Part of me has always known this.
by ThatBritGuy (thatbritguy (at) googlemail.com) on Fri Dec 15th, 2017 at 05:57:20 PM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:08:16 PM EST

by generic on Thu Dec 14th, 2017 at 05:48:17 PM EST
[ Parent ]
by Bjinse on Mon Dec 11th, 2017 at 10:08:46 PM EST
Very Funny, motherfuckers
Ajit Pai Wants The Internet To Know You Can Still Harlem Shake [?] After Net Neutrality
Ajit Varadaraj Pai spent most of his life as a little known corporate attorney and bureaucrat. Pai, who was appointed to the FCC by President Obama, was made chairman of the commission by President Trump

Other great talents Mr Obama introduced to US, US CTO. They were great. They really slowed the tide of EU mistrust in US leadership.

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 12:50:00 AM EST
[ Parent ]
Bipartisan Uproar as FCC Unravels Net Neutrality in 3-2 Vote
"Yet the FCC is moving full steam ahead with a [FCC COMMISSIONERS'] vote based on this corrupted process [60-DAY PUBLIC COMMENT PERIOD], while refusing to cooperate with an investigation [!]," Schneiderman said.

Schneiderman's comment affects a procedural nonsense. Commissioners are appointed; their votes are the only votes counted to adopt agency authorities not explicitly vested by statute. Public comments ("consultations") have no force of law in any case. Comments are not constructive; they are not affidavits; they are not ex post facto law but an ex post facto opinion survey instrument, a sop. Every agency invites public comment on rules and regulations (R&R), pursuant to executing legislation, already submitted by the agency to the Federal Register, canon of public notice. Accordingly, litigation is the only means I know of to alter agency R&R, and plaintiffs in that civil action FAILED as they have done for decades. Markey knows this.
Sen. Ed Markey, D-Mass., promised to file a congressional order to review the FCC's repeal [SIC], adding he would take his challenge to the Supreme Court if needed.

A so-called investigation of falsified comments is utterly irrelevant to affecting due process or findings of fact or law that could remedy opponents' dissatisfaction with FCC authorities and US Code.
Pai's repeal [SIC] makes it the job of the Federal Trade Commission to police ISP [SIC] activity, just as it did before net neutrality [SIC] was enacted in 2015.

A "bipartisan" Congress enacted emendments to the Telecommunications Act of 1996 in late 2015. Those emendments were extremely narrow in scope and nowhere specified "net neutrality", "ISP," and "lanes" nor altered the definition of common carrier or authorities of the FCC. The FCC's interpretation of the amendments in its R&R to regulate (weakly) carriers' capacities is the issue litigated throughout 2016. And in effect that intermediate period is the only time one could argue carriers' delivery to businesses and individuals changed at all. I would argue it did not --qualitatively or quantitatively-- because differential price structure never changed.

"Net Neutrality" agitators will continue to fail because they simply are unwilling or unable to defend or restore the meaning and purpose of a public utility. Too many are vested rather in profit potential of Web4.0 "innovation." Asshats.

antitrust references
Protecting and Promoting Open Internet (400 pp).

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 03:55:17 PM EST
[ Parent ]
re: "litigation is the only means I know of to alter agency R&R"

Judge Temporarily Blocks New Trump Rules on Birth Control

The injunction will block the rule from being implemented around the country while the case brought by [Pennsylvania Attorney General Josh] Shapiro moves forward in Pennsylvania.

re:" to inveigh application of the 14th Amendment and entertains 'a selection' of remedies to spurious 1st Amendment protections violations..."

Shapiro's suit said the rules violate the Fifth Amendment [?] because they pertain to women and not men [?!] and the First Amendment [?], by putting employers' religious beliefs over the constitutional rights of women.

In this century bound by misplace precision applied to political status, the Hon. Wendy Beetlestone relies instead on the "quasi-sovereign interest" of each state to facilitate 14th Amendment protections and exercise its right to "participate in the rulemaking process" of federal agencies as provided explicitly by the Administrative Procedures Act or challenge the "legal effect" of the current agency's "post-issuance" notice and commentary.

Diversity is the key to economic and political evolution.

by Cat on Sat Dec 16th, 2017 at 10:08:04 PM EST
[ Parent ]
m'k. Here's a weird testament to alienation of labor by industrialization, or mass-manufacture, as in baked and comestible "art production"*, for example.
Creative Industries, Value Theory and Michael Heinrich's New Reading of Marx
I contend that the activity of circulation [MARKETING] renders the labour that takes place in the realm of production productive. This it does by effecting successful exchange. It simultaneously realises and brings value [WHICH VALUE?] into existence. It establishes the basis upon which we ascertain productiveness. Past labour is rendered fully "productive" only through its abstraction.

This abstraction is not entirely retrospective, of course. It is retrospective in the sense that the full status of productiveness is attained at the culmination of a process. This status illuminates the previous movement of this process. We see that frameworks and devices are in place within production to facilitate the gradual fulfil[l]ment of this abstraction, but within production, this can proceed only in a piecemeal, tentative, and anticipatory manner. This abstraction culminates in the exchange of products of labour as commodities [SALE]. For this to happen, there is a considerable effort to endow a commodity with a social dimension. I attribute this contribution to the labour that takes place in the realm of circulation [MARKETING]. In this case, this includes graphic design, advertising, branding, and cognate fields.

"cognate fields"?

* Hello! Meet the Frankfurt School doyens.

Diversity is the key to economic and political evolution.

by Cat on Fri Dec 15th, 2017 at 10:02:01 PM EST
[ Parent ]
canonical limit of evaluation

Diversity is the key to economic and political evolution.
by Cat on Fri Dec 15th, 2017 at 10:16:20 PM EST
[ Parent ]
That's a bit of an odd take ... changing the meaning of "productive" to put marketing at the top of the "productive" chain, the act that makes all other invested labor productive. Given that sales and marketing has often been considered useless parasitism by a substantial part of the Marxist community, and that this sort of redefinition kinda sounds like it is intended to make management even more productive than the laborer ... I dunno. Obviously I would have to read the whole thing, and brush up on the various flavors of Marxist theory I had once been familair with, to have a properly learned opinion on the matter.

My unlearned opinion, though, is somewhat negative.

by Zwackus on Mon Dec 18th, 2017 at 01:27:32 AM EST
[ Parent ]
It's true if you conflate financial value with social productivity (progress) - which is the fundamental capitalist lie.

The sleight of mind is in the assumption that they're identical, and might not in fact be two very different things.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Tue Dec 19th, 2017 at 01:20:46 PM EST
[ Parent ]
It reminds me of J.B. Clark's paean to 'appropriation' or enclosure of the commons by private individuals. It was not, he argued, until that land was appropriated and made property that it acquired value. He of course elides the fact that it was appropriated from other, less powerful people and just assumes that is the natural order of things - which, sadly, is true for those who live in or are descendants of those who lived in the 19th century USA and UK and is a primary underpinning of Neo Classical Economics and its modern variations including what is now called 'Mainstream Economics' in the USA. Roots are showing.  

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Mon Dec 18th, 2017 at 04:30:18 PM EST
[ Parent ]
by Cat on Sat Dec 16th, 2017 at 05:54:08 PM EST
[ Parent ]
Sounds like the plaintiffs in the dissident's lawsuit alleging DNC bias needed to hire a more experienced lawyer for starters. Mistaking residency for citizenship in matters of diversity seems like a rookie mistake. It is interesting that the court assumed the validity of the plaintiffs accusations when that is what the plaintiffs wanted the court to decide. I.e., truth of the body of the complaint was irrelevant to the outcome. Those are the sorts of lessons learned through experience - hopefully.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Sat Dec 16th, 2017 at 06:22:38 PM EST
[ Parent ]
re: "Mistaking residency for citizenship"

is not the "mistake" but a reduction of arguments presented by DNC attys to deny plaintiffs' standing to sue. The complaint was DNC Services Corp alleged fraud and breach of fiduciary duty to "registered Democratic Party members." The merits of alleged DNC fiduciary violations or federal crimes were never litigated, because the suit was dismissed in hearing of the motion to dismiss before trial.

Plaintiffs never obtained subpoena power granted by the court, "discovery" phase.

In evaluating Plaintiffs' claims at this stage, the Court assumes their allegations are true----that the DNC and Wasserman Schultz held a palpable bias in favor Clinton and sought to propel her ahead of her Democratic opponents. Plaintiffs assert several fraud-type claims. But they do not allege they ever heard or acted upon the DNC's claims of neutrality. Plaintiffs also assert a tort claim on behalf of all registered Democrats, even though the harm they allege impacted all Democratic-primary-eligible voters----and under their theory, the entire body politic----the same way. And finally, Plaintiffs claim that donors to the DNC are at an increased risk of identity theft as a result of the computer hack. But they do not allege that the DNC regularly keeps the type of information necessary to facilitate identity theft or that the hackers targeted, much less obtained, that information. The Court must now decide whether Plaintiffs have suffered a concrete injury particularized to them, or one certainly impending, that is traceable to the DNC and its former chair's conduct----the keys to entering federal court.

DNC attys argued plaintiff's burden of proof/defective cause of action in parts: (i) plaintiffs could not produce facts, eg. who was a bona fide, registered DP member (ii) plaintiffs could not prove facts of alleged bias (the fraud) without facts, (iii) in any case DP members are neither shareholders or officers of DNC Services Corp.

It is this last argument which belies commonly held, mistaken, or "rookie" belief and expectation that party affiliation confers any ownership interest in the business of DNC Services Corp. d/b/a "Democratic National Committee", and ultimately that money donations to that corporation is recognizable "expressive speech".

Diversity is the key to economic and political evolution.

by Cat on Sat Dec 16th, 2017 at 07:05:24 PM EST
[ Parent ]
A recurring defect I find in various briefs (civil "pleadings", "complaints") which I've reproduced for eurotrib readers is reliance on press reporting -- anecdotal testimony-- to instantiate allegations of criminal conduct. Certain kinds of attys resort to that tactic for the simple reason they have little material evidence or no documented facts in hand or admissions agreed betwen counsels to submit with the complaint and intend to argue error of law (the injury in the first instance, usually reaching from bottom to US constitutional writ) to advance a judiciable claim past  pre-trial hearing. (That assumption is reasonable, knowing that even if evidence is not reproduced with publication of the filing, reference  to exhibits' IDs is normally given in the text. Often these references to facts, found/admitted, are also recited in judgment of the court.) That hurdle for adversaries to discovery functions is lower than in criminal proceedings but not lower than proof of injury that has actually occurred.

So. Welding et al's petition is no more or less defective these days than any allegations of sexual "misconduct" or employment and housing discrimination, Russian "meddling and interference in democracy", Trump collusion [WITH WHOM TO COMMIT WHAT CRIME?] and profit [HOW MUCH?] by emoluments, and my personal favorite the "unexpected" Kelly perjury conviction.

Diversity is the key to economic and political evolution.

by Cat on Sat Dec 16th, 2017 at 07:53:09 PM EST
[ Parent ]
Still, to lose on motion is an embarrassment. Dig up more basis for a claim of injury and/or find a better venue. Florida judges are notoriously bad.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Sun Dec 17th, 2017 at 04:33:58 AM EST
[ Parent ]
re: "to lose on motion is an embarrassment"

No, it is not. A lot of competition between adversaries to set procedural boundaries (findings of law) occurs in pre-trial hearings. Press rarely remarks on such "technicalities" until, possibly, an issue winds up in appellate court and only then if the underlying dispute alleges grotesque ill-gotten "gains" violence or virtuous retribution.

In Welding the motion defeated by defense was plaintiffs' amended petition for class certification. Antipathy in US case law toward class action is notorious, older than Trump, older than the EU even, by orders of magnitude. So don't go there. Surely you remember, most recently (2011), the epic defeat of Dukes et al. at SCOTUS, WAL-MART STORES, INC., PETITIONER v. BETTY DUKES et al., representing the 1.5 million women employees (#MeToo?).

This is an 'embarrassment'

whether the certification of the plaintiff class [DUKE et al.]was consistent with Federal Rules of Civil Procedure.
Importantly for our purposes, respondents claim that the discrimination to which they have been subjected is common to all Wal-Mart's female employees. The basic theory of their case is that a strong and uniform "corporate culture" permits bias against women to infect, perhaps subconsciously, the discretionary decision making of each one of Wal-Mart's thousands of managers--thereby making every woman at the company the victim of one common discriminatory practice.
The crux of this case is commonality--the rule requiring a plaintiff to show that "there are questions of law or fact common to the class." Rule 23(a)(2). 5

Therein lies Welding's attempt to broadly define all individuals injured in fact by alleged "DNC" malfeasance and negligence.
That language is easy to misread, since "[a]ny competently crafted class complaint literally raises common `questions.' " ... "What matters to class certification ... is not the raising of common `questions'--even in droves--but, rather the capacity of a classwide proceeding to generate common answers apt to drive the resolution of the litigation [REMEDY]. Dissimilarities within the proposed class are what have the potential to impede the generation of common answers."
Because the Rules Enabling Act forbids interpreting Rule 23 to "abridge, enlarge or modify any substantive right," 28 U. S. C. §2072(b); see Ortiz , 527 U. S., at 845, a class cannot be certified on the premise that Wal-Mart will not be entitled to litigate its statutory defenses to individual claims.

ie. to protect Wal-Mart right to litigate individual claims
And because the necessity of that litigation will prevent backpay from being "incidental" to the classwide injunction, respondents' class could not be certified even assuming, arguendo , that "incidental" monetary relief can be awarded to a 23(b)(2) class.

The judgment of the Court of Appeals is


That decision was unanimous with Ginsburg "dissent in part". Just so Welding et al. final order of dismissal anticipates the syllabus and furthermore denies jurisdiction.

Diversity is the key to economic and political evolution.

by Cat on Sun Dec 17th, 2017 at 07:16:56 PM EST
[ Parent ]
Divide and conquer is the "American Way".

Diversity is the key to economic and political evolution.
by Cat on Sun Dec 17th, 2017 at 07:21:58 PM EST
[ Parent ]
re: "the court assumed the validity of the plaintiffs accusations"

Innocence is the presumption. Had you forgotten?

Diversity is the key to economic and political evolution.

by Cat on Sun Dec 17th, 2017 at 07:36:14 PM EST
[ Parent ]
I was quoting the document. What they said was that, even assuming all of the allegations are true the case could not be tried. Do you know if it was dismissed with prejudice? I am concerned as this is a fundamental issue going forward. And, yes, the composition of the judiciary is very concerning and is getting worse.

More reason to be concerned about the DNC and Obama writing off so many congressional districts along with state and local offices. Careerism for Democrats is no solution for anything except those individuals bottom lines. The Clintons and Obamas have done quite well as families, along with lots of Democratic Senators and Representatives. Those they purport to represent much less so. And the battlefield continues to be prepared by the enemy.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Sun Dec 17th, 2017 at 10:38:20 PM EST
[ Parent ]
state Democratic Party Committees, absence thereof, and a $750M black bag: "everybody against the consultants" --Nomiki Konst

Duly Noted:
How Hillary Clinton Bought the Loyalty of 33 State Democratic Parties April 2016

archived: of net beneficiaries
Amyntor Group LLC Whitefish MT

Diversity is the key to economic and political evolution.

by Cat on Sat Dec 16th, 2017 at 06:30:45 PM EST
[ Parent ]

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