159 karma · joined August 30, 2016
No ream of slides. No narrative. Just a lovely big painful conclusion.
Also, the standard for what constitutes anti-competitive behaviour is different in the Americas, Europe, and Asia. The US uses higher pricing as the prime signal, whereas the EU uses a lack of viable competitiors.
And then sometimes bad design is just great on its own merits. By way of example: https://x.com/NCTreasurer/status/1577673238536245248?s=20
Working in another field (public services might be a good example) it’s often not possible to test out hypothetical solutions, or find relevant expertise, or to even discover that whole areas of knowledge actually exist. In that context, relevant qualifications have a little more weight.
But I very much appreciate the depth of your point. I've always found validation (?) in the deontological aspect of Kant's idealism because I think it neatly describes why people feel obligations to those they interact with most closely (i.e. I feed my child because I should, rather than to avoid his hunger). I certainly take your point that the categorical imperative isn't the best or only tool for interpreting moral dilemmas. Honestly, I was bringing it up in part because it's a recognisable phrase that might infer that there's more to the question of ethics than unexamined instinct.
Alito claimed* that the 'fire in a crowded theatre' standard should be applied to today's college campuses, essentially because he has strong views on how free speech should/shouldn't be regulated at college. It seems to me that he's taking issue specifically with the right of students to engage in political speech and protest. The current court seems to have a particular distaste for case law from the civil rights era. I think he's deciding to bring this exact issue up because he wants to signal to any prospective plaintiff what rulings and precedents the court is likely to focus on in a hypothetical case. But he did that by deliberately misapplying the relevance of a widely-known and easily-misunderstood civil rights-era standard. It feels like he's doing that to taunt his political opponents and signal his preference for an earlier legal regime.
My point is that it's fair to question whether the court is actually behaving like a legislature: it's concentrating on case law that specifically affects social policy and it's doing that because it has a majority's muscle. As a foreigner, I can't explain how insane this looks from outside. Judges don't get to just show up to cocktail parties or speeches and single out the precedents they'd prefer to ignore or dispense with. That's a politician's job.
* https://lawandcrime.com/supreme-court/justice-alito-takes-di...
But then I saw Samuel Alito commenting just today about how the first amendment does not give Americans, and college students specifically, the right to shout fire in a crowded theatre. The fire in a crowded theatre standard was overturned in Brandenburg v. Ohio (1969). So it’s a little odd to hear that the Schenck interpretation from fifty years earlier is back on the menu.
I find myself wondering how that happened. What’s the fine distinction between interpreting the law differently to precedent and ignoring settled law?
What about Myspace? $800m in revenue from 115m users. The classic 'good product' story, right?