In my view, Methodists are not only evangelicals, they are the prototypical evangelicals. What I see happening is that Christian fundamentalist, constrained by limited numbers, have adopted a broader evangelical identity as a means of claiming greater support, when fundamentalism emerged partly in opposition to evangelical Christianity.
I don't have a problem w/ contingency fee cases. I may have overread the initial proposal as requiring all cases to be contingency fee cases. They really don't make much sense outside of torts where the lawyer's fee is essentially paid out from non-pecuniary damages.
If I owe Mike Schilling $12,000 for this sweet baseball jersey I bought from him and keep putting him off until he has to hire a lawyer to write a dunning letter. He won't find this to be a just system if he gets $8,000 for the jersey and his lawyer gets $4,000.
Contingency fee cases can be unscrupulous as well. There was an attorney in my state who entered into a legal representation agreement to identify, liquidate and consolidate all of the clients investments for him, in exchange for a percentage of their worth. (I don't remember, the percentage, might have been 10%, might have been 1/3rd) It turns out there were several millions of dollars collected, mostly in CDs that really just required a couple of phone calls. The attorney licensing body took the attorney to court and got the contingency agreement nullified on grounds of professional misconduct, but did not claim the client lacked capacity to enter into the agreement, just that the agreement failed to qualify as a reasonable fee arrangement. (See, Virginia, there is such a thing as an unreasonable fee)
State regulations also required the ride to be inspected at least once a year by someone certified by the National Association of Amusement Ride Safety Officials. The ride was last inspected in June.
re: traffic fines. The most disappointing thing in that story is the reminder that cities that cannot afford to maintain a police department without excessive reliance on traffic fines must be allowed to dissolve their PD into a larger unit of government. Ferguson is prohibited from doing so under the federal order, which requires it to give officers raises and benefits, while slashing revenues.
St. Louis is possibly unique in that it deliberately stopped growing in 1877 when it seceded from the county, leaving a number of small inner-ring communities that would be part of the central city in about any other comparable Midwestern city. As Ferguson has gotten poorer, and without the resources available to St. Louis, it relied upon the one advantage it had -- its roads lie between downtown and the airport / suburbs.
I've not seen any analysis of how well Ferguson was able to extract resources from wealthier suburbs or business travelers. The articles I've read seem to assume that residents of Ferguson pay all of the traffic citations issues in Ferguson, or that residents of Ferguson pay no traffic fines to any of the other 100 or so municipalities in St. Louis county that are trying to play the same game.
I don't think it just sounds like it; I believe that the was the original concept/pitch for the comic book. My kids saw SS Friday, and I've trying to convince them to watch the Dirty Dozen with me sometime.
I believe Mickey Kaus has asked union officials before why they support legislation like workplace safety / minimum wage that make union membership less valuable, and he came away with the belief that unions thought it was the right thing to do for workers, regardless of membership.
The last Illinois gubernatorial election had 42% of union households voting for the anti-union Republican candidate. He was mostly anti-public sector union, and from the little bit of polling I'd seen, I believe probably 90% of traditional union households voted for the Republican and 90% of the public-sector union households voted for the Democrat. It seems to me that the future is here.
This comports with my understanding from relatives (see comment below). My impression though is that shifting btw/ jobs is common in my state, and is somewhat built into lowering the bids. I've heard the stories about complaints coming down from important people about the workers being lazy and idle, when the workers are working somewhere else at the time.
I have family in the highway construction business, and they would hate that idea. My state recently ordered that all highway construction be performed at night to the extent possible, which has resulted in overnight projects throughout the state even in places where there is not a lot of commuter traffic. Overnight work has meant added expense with lighting (setting up, moving, electricity), but even with attention to lighting, I'm told its surprising how one can move a few feet and have the lighting quality drop significantly. So, they would say there nightwork is more expensive, less productive, and less safe.
I don't believe unions are significant in the highway construction business, you would find them more in city streets departments. Basically, highway construction jobs have shared many of the characteristics of manufacturing: more machines and less unskilled labor. The projects are competitively bid and awarded to private companies that can man the job efficiently. That often means multiple projects in the vicinity are being worked at the same time, so that workers and machines can be moved back and forth in the event of a bottle neck, such as waiting for concrete to cure, waiting for engineers to answer how to deal with a subsurface condition that was discovered, or waiting for the material supplier or a machine part to arrive at the job. There are time limitations that the contractor doesn't overcome by working a longer day.
According to the Governor, the public defender can't draft an attorney like this, only a judge can. I suspect he's right. The Missouri statute permits the judge to make an involuntary appointment only after performing the following steps:
(1) Investigate the defendant's financial status to verify that the defendant does not have the means to obtain counsel;
(2) Provide each appointed lawyer, upon request, with an evidentiary hearing as to the propriety of the appointment, taking into consideration the lawyer's right to earn a livelihood and be free from involuntary servitude. If the judge determines after the hearing that the appointment will cause any undue hardship to the lawyer, the judge shall appoint another lawyer; and
(3) Determine whether the private counsel to be appointed possesses the necessary experience, education, and expertise in criminal defense to provide effective assistance of counsel.
Utah does not have a RFRA, which makes an interesting point here. In states like Utah, the religious concerns of Mormons are baked into the legislation w/o an RFRA; its religious groups like the Native American Church or Seventh Day Adventists who would want a Utah RFRA, just like Mormons would like RFRAs in the Deep South.
IOW, there is a principled objection to be made that Utah cannot complain about religious liberty, if its not guaranteeing it for its own religious minorities.
. . . but robots and suicide booths. Banking immigrants for a potential future demand for their offspring to change bed pans is speculative.
Germany had a 0.4% unemployment rate around the time it initiated the Gastarbeiters guest worker program. The current official unemployment rate of 6.1% is buoyed by mini-jobs. Germany has a jobs-shortage, not a labor shortage.
There is no such thing as universal moral law. There is the 1951 Refugee Convention, but more than half of the the people seeking asylum are determined not to be refugees.
2015 Refugee Recognition Rate:
EU: 41.5%
Germany: 57.1%
EU minus Germany: 30.2%
There are various ways to look at these figures, but at face value, most of these migrants are not protected by the Convention, and Merkel's public statements encouraging refugees to go to Germany, possibly coupled with more lenient processing, has meant Germany has created a collective action problem.
And yet somehow from such an elevated station, Alex Nichols clearly has not yet found time to read the Pulitzer Prize winning book by Annette Gordon-Reed on the Hemingses of Monticello. Certainly it must rest spine uncracked with all of the other books he imagines his co-conspirators collect for ornamentation.
The harassment complaint is not based upon actual harassment, such as abusive language or conduct, but personal offense taken at an item of clothing with a symbol the complainant erroneously claimed to be an “historical indicator of white resentment against blacks stemming largely from the Tea Party.”
The EEOC disagreed with his claim: historically the Gadsden flag is traced back to the American Revolution in a non-racial context, and is "used to express various non-racial sentiments, such as when it is used in the modern Tea Party political movement." The EEOC doesn't agree with the premise that the Tea Party is a racial hate group. Part of finding a complaint has merit is to find that the claims have a basis in fact, and the EEOC didn't agree, but ordered an investigation anyway.
Superheroes: I think the article conflates the comic book industry and the film industry, which operate under different sets of motivations. The comic book industry has been doing stories like "What if Louis Lane was Superman" for generations. Jane Foster becoming Thor and the Falcon becoming Captain America are part of long tradition of finding new angles to tell new stories under the framework of "illusion of change." They will be undone.
Character-swapping of corporate characters doesn't create ownership interest either, so I'm pretty confused about what seems like grafting a grievance about Depression era contracts onto motivations of today's creators. Certainly, creators would like to enjoy the success of the Walking Dead, and I'm sure they would like to win the lottery as well. By and large people creating super hero comics grew up as fans of super hero comics, and have stories to tell about the iconic characters they grew up with.
Hollywood creators OTOH appear to be embarrassed by the source material, and are often want to make changes to be more serious or relevant. (Marvel's recent success is largely due to bypassing this by opening its own studio) For example, while Pixar was able to make a great Fantastic Four movie in the Incredibles, Fox has repeatedly failed and sought to rejuvenate the franchise by race-swapping a family member in stereotypical fashion, satisfying pretty much nobody and shrouding publicity in the word "gimmick."
The key to understanding the WWC is the word "work." Policies that are means-tested are favored over work-substitutes.
The problem with the meat-processing plants is that the companies don't want to pay the wages necessary to staff them, so they go to the government and get work permits. Its my understanding that work permits for Mexicans in this job area are no longer favored for the reason you touch-on: brothers, cousins and nephews slip across the border and share the job. Western Africa is preferred now, but the whole arrangement is a clear example of government policy favoring capital over labor.
Her examples of TV programming are generally for pre-school kids. Children's programming for older kids tends to split into channels that appeal more to one gender or the other. Disney has comedies that appeal more to girls, while it specifically created the Disney XD channel to appeal to boys (and compete with Cartoon network) with more toons and superheroes.
Pre-school TV stations have pretty low audiences, and their consumers are actually the parents, who tend to have higher incomes and are selective about what their kids watch.
I don't know much about French politics, but the Pew polls Will posted earlier this week don't suggest the French are that blase about recent developments:
45% view Middle-Eastern refugees as a "major threat," and 35% a "minor threat."
46% believe those refugees will increase the likelihood of terrorism, while 53% believe they will pose a burden by taking jobs or social benefits.
Reading btw/ the lines the feds want something from the young man, probably to narc on someone. DOJ has tried to be transparent on its policy here, which is to honor state experimentation, but no guarantee that federal laws won't be enforced as part of federal objectives, which include things like organized crime and sales to minors. He will be convicted though, I don't think alone answers the question of what is going on here.
I also want to know if Buc-ee’s faced significant penalty if they’d terminated the contact on their end (without cause).
Her lawyer describes it as an at-will contract, so I would assume Buc-ee's would not face any penalty for firing her. (With/ without cause is eye-of-the beholder anyway)
I suspect the story is that Buc-ee's needs a lot of assistant managers to oversee a lot of gas stations that are open 24/7. The jobs require responsibility, but not a lot of specialized skill or training. Inconvenient hours and environmental require higher compensation, but they've found that it doesn't take too long for managers to quit to work for less at a 9-5 job in more pleasant surroundings. To lower job-search costs, they try to force managers to stay four years.
I think it would be far less problematic if they cut salary by one-third and offered a $90,000 bonus in four years. But there would be far fewer takers either because the reduced salary wouldn't be competitive or the bonus would seem too speculative.
No idea really, but this might be something that can only be worked out over the course of a few years of tax returns. But her other problem is that she owes her former employer over $20,000 in legal fees.
I think the provision looks punitive, not compensatory.
My sister went to nursing school for free on the condition that she work so many years at the hospital. I don't remember the lengths of time involved, but this was when she learned she was very sensitive to the lack of sunlight and was constantly sick from the late shifts. Meanwhile, she met a doctor who recruited her to work at her clinic where all of the jobs were 9 to 5, at a higher salary and job flexibility and compensation to pursue nurse practitioner license.
I looked at the contract, she was required to repay the tuition price at its market rate, but she essentially credited an installment each month she worked, so that by quitting early she just had to reimburse the remaining portion of the tuition price. I found that reasonable (though I believed the calculations were off -- my sister didn't want to burn any more bridges by objecting to this point).
Here, I do see any training mentioned, just the culmination of experience, and the odd aspect that the longer she worked, the more she owed. I think a proper arrangement would have to have a better monetization of the value given by the company and a reasonable repayment structure.
*Comment archive for non-registered commenters assembled by email address as provided.
On “Linky Friday #179: Armies of Darkness”
In my view, Methodists are not only evangelicals, they are the prototypical evangelicals. What I see happening is that Christian fundamentalist, constrained by limited numbers, have adopted a broader evangelical identity as a means of claiming greater support, when fundamentalism emerged partly in opposition to evangelical Christianity.
On “Morning Ed: Government {2016.08.11.Th}”
I don't have a problem w/ contingency fee cases. I may have overread the initial proposal as requiring all cases to be contingency fee cases. They really don't make much sense outside of torts where the lawyer's fee is essentially paid out from non-pecuniary damages.
If I owe Mike Schilling $12,000 for this sweet baseball jersey I bought from him and keep putting him off until he has to hire a lawyer to write a dunning letter. He won't find this to be a just system if he gets $8,000 for the jersey and his lawyer gets $4,000.
"
Contingency fee cases can be unscrupulous as well. There was an attorney in my state who entered into a legal representation agreement to identify, liquidate and consolidate all of the clients investments for him, in exchange for a percentage of their worth. (I don't remember, the percentage, might have been 10%, might have been 1/3rd) It turns out there were several millions of dollars collected, mostly in CDs that really just required a couple of phone calls. The attorney licensing body took the attorney to court and got the contingency agreement nullified on grounds of professional misconduct, but did not claim the client lacked capacity to enter into the agreement, just that the agreement failed to qualify as a reasonable fee arrangement. (See, Virginia, there is such a thing as an unreasonable fee)
"
State regulations also required the ride to be inspected at least once a year by someone certified by the National Association of Amusement Ride Safety Officials. The ride was last inspected in June.
"
re: traffic fines. The most disappointing thing in that story is the reminder that cities that cannot afford to maintain a police department without excessive reliance on traffic fines must be allowed to dissolve their PD into a larger unit of government. Ferguson is prohibited from doing so under the federal order, which requires it to give officers raises and benefits, while slashing revenues.
St. Louis is possibly unique in that it deliberately stopped growing in 1877 when it seceded from the county, leaving a number of small inner-ring communities that would be part of the central city in about any other comparable Midwestern city. As Ferguson has gotten poorer, and without the resources available to St. Louis, it relied upon the one advantage it had -- its roads lie between downtown and the airport / suburbs.
I've not seen any analysis of how well Ferguson was able to extract resources from wealthier suburbs or business travelers. The articles I've read seem to assume that residents of Ferguson pay all of the traffic citations issues in Ferguson, or that residents of Ferguson pay no traffic fines to any of the other 100 or so municipalities in St. Louis county that are trying to play the same game.
On “DC Movies Could Learn a lot From Woody Allen”
I don't think it just sounds like it; I believe that the was the original concept/pitch for the comic book. My kids saw SS Friday, and I've trying to convince them to watch the Dirty Dozen with me sometime.
On “Matt Taibbi: A Republican Workers’ Party?”
I believe Mickey Kaus has asked union officials before why they support legislation like workplace safety / minimum wage that make union membership less valuable, and he came away with the belief that unions thought it was the right thing to do for workers, regardless of membership.
The last Illinois gubernatorial election had 42% of union households voting for the anti-union Republican candidate. He was mostly anti-public sector union, and from the little bit of polling I'd seen, I believe probably 90% of traditional union households voted for the Republican and 90% of the public-sector union households voted for the Democrat. It seems to me that the future is here.
"
This comports with my understanding from relatives (see comment below). My impression though is that shifting btw/ jobs is common in my state, and is somewhat built into lowering the bids. I've heard the stories about complaints coming down from important people about the workers being lazy and idle, when the workers are working somewhere else at the time.
"
I have family in the highway construction business, and they would hate that idea. My state recently ordered that all highway construction be performed at night to the extent possible, which has resulted in overnight projects throughout the state even in places where there is not a lot of commuter traffic. Overnight work has meant added expense with lighting (setting up, moving, electricity), but even with attention to lighting, I'm told its surprising how one can move a few feet and have the lighting quality drop significantly. So, they would say there nightwork is more expensive, less productive, and less safe.
I don't believe unions are significant in the highway construction business, you would find them more in city streets departments. Basically, highway construction jobs have shared many of the characteristics of manufacturing: more machines and less unskilled labor. The projects are competitively bid and awarded to private companies that can man the job efficiently. That often means multiple projects in the vicinity are being worked at the same time, so that workers and machines can be moved back and forth in the event of a bottle neck, such as waiting for concrete to cure, waiting for engineers to answer how to deal with a subsurface condition that was discovered, or waiting for the material supplier or a machine part to arrive at the job. There are time limitations that the contractor doesn't overcome by working a longer day.
On “Missouri’s Lead Public Defender Assigns Governor to Case in Protest of Budget Cuts – Hit & Run : Reason.com”
According to the Governor, the public defender can't draft an attorney like this, only a judge can. I suspect he's right. The Missouri statute permits the judge to make an involuntary appointment only after performing the following steps:
On “Morning Ed: World {2016.08.08.M}”
Utah does not have a RFRA, which makes an interesting point here. In states like Utah, the religious concerns of Mormons are baked into the legislation w/o an RFRA; its religious groups like the Native American Church or Seventh Day Adventists who would want a Utah RFRA, just like Mormons would like RFRAs in the Deep South.
IOW, there is a principled objection to be made that Utah cannot complain about religious liberty, if its not guaranteeing it for its own religious minorities.
"
. . . but robots and suicide booths. Banking immigrants for a potential future demand for their offspring to change bed pans is speculative.
Germany had a 0.4% unemployment rate around the time it initiated the Gastarbeiters guest worker program. The current official unemployment rate of 6.1% is buoyed by mini-jobs. Germany has a jobs-shortage, not a labor shortage.
"
"I honestly think that Merkel was trying to do that again."
Of course, without the labor shortages.
"
There is no such thing as universal moral law. There is the 1951 Refugee Convention, but more than half of the the people seeking asylum are determined not to be refugees.
2015 Refugee Recognition Rate:
EU: 41.5%
Germany: 57.1%
EU minus Germany: 30.2%
There are various ways to look at these figures, but at face value, most of these migrants are not protected by the Convention, and Merkel's public statements encouraging refugees to go to Germany, possibly coupled with more lenient processing, has meant Germany has created a collective action problem.
On “Morning Ed: Politics {2016.08.07.Su}”
And yet somehow from such an elevated station, Alex Nichols clearly has not yet found time to read the Pulitzer Prize winning book by Annette Gordon-Reed on the Hemingses of Monticello. Certainly it must rest spine uncracked with all of the other books he imagines his co-conspirators collect for ornamentation.
On “Morning Ed: Resources {2016.08.04.Th}”
The harassment complaint is not based upon actual harassment, such as abusive language or conduct, but personal offense taken at an item of clothing with a symbol the complainant erroneously claimed to be an “historical indicator of white resentment against blacks stemming largely from the Tea Party.”
The EEOC disagreed with his claim: historically the Gadsden flag is traced back to the American Revolution in a non-racial context, and is "used to express various non-racial sentiments, such as when it is used in the modern Tea Party political movement." The EEOC doesn't agree with the premise that the Tea Party is a racial hate group. Part of finding a complaint has merit is to find that the claims have a basis in fact, and the EEOC didn't agree, but ordered an investigation anyway.
On “Morning Ed: Society {2016.08.03.W}”
Superheroes: I think the article conflates the comic book industry and the film industry, which operate under different sets of motivations. The comic book industry has been doing stories like "What if Louis Lane was Superman" for generations. Jane Foster becoming Thor and the Falcon becoming Captain America are part of long tradition of finding new angles to tell new stories under the framework of "illusion of change." They will be undone.
Character-swapping of corporate characters doesn't create ownership interest either, so I'm pretty confused about what seems like grafting a grievance about Depression era contracts onto motivations of today's creators. Certainly, creators would like to enjoy the success of the Walking Dead, and I'm sure they would like to win the lottery as well. By and large people creating super hero comics grew up as fans of super hero comics, and have stories to tell about the iconic characters they grew up with.
Hollywood creators OTOH appear to be embarrassed by the source material, and are often want to make changes to be more serious or relevant. (Marvel's recent success is largely due to bypassing this by opening its own studio) For example, while Pixar was able to make a great Fantastic Four movie in the Incredibles, Fox has repeatedly failed and sought to rejuvenate the franchise by race-swapping a family member in stereotypical fashion, satisfying pretty much nobody and shrouding publicity in the word "gimmick."
On “Morning Ed: Politics {2016.08.02.T}”
The key to understanding the WWC is the word "work." Policies that are means-tested are favored over work-substitutes.
The problem with the meat-processing plants is that the companies don't want to pay the wages necessary to staff them, so they go to the government and get work permits. Its my understanding that work permits for Mexicans in this job area are no longer favored for the reason you touch-on: brothers, cousins and nephews slip across the border and share the job. Western Africa is preferred now, but the whole arrangement is a clear example of government policy favoring capital over labor.
On “Morning Ed: World {2016.08.01.M}”
"I like a system which lets a man quit when he wants to, and wish it might prevail everywhere." (A. Lincoln, 1860)
On “Linky Friday #177: Creatures, Cities, Calories”
Her examples of TV programming are generally for pre-school kids. Children's programming for older kids tends to split into channels that appeal more to one gender or the other. Disney has comedies that appeal more to girls, while it specifically created the Disney XD channel to appeal to boys (and compete with Cartoon network) with more toons and superheroes.
Pre-school TV stations have pretty low audiences, and their consumers are actually the parents, who tend to have higher incomes and are selective about what their kids watch.
On “Morning Ed: Crime {2016.07.28.Th}”
I don't know much about French politics, but the Pew polls Will posted earlier this week don't suggest the French are that blase about recent developments:
45% view Middle-Eastern refugees as a "major threat," and 35% a "minor threat."
46% believe those refugees will increase the likelihood of terrorism, while 53% believe they will pose a burden by taking jobs or social benefits.
"
Reading btw/ the lines the feds want something from the young man, probably to narc on someone. DOJ has tried to be transparent on its policy here, which is to honor state experimentation, but no guarantee that federal laws won't be enforced as part of federal objectives, which include things like organized crime and sales to minors. He will be convicted though, I don't think alone answers the question of what is going on here.
On “Morning Ed: Labor {2016.07.27.W}”
I also want to know if Buc-ee’s faced significant penalty if they’d terminated the contact on their end (without cause).
Her lawyer describes it as an at-will contract, so I would assume Buc-ee's would not face any penalty for firing her. (With/ without cause is eye-of-the beholder anyway)
I suspect the story is that Buc-ee's needs a lot of assistant managers to oversee a lot of gas stations that are open 24/7. The jobs require responsibility, but not a lot of specialized skill or training. Inconvenient hours and environmental require higher compensation, but they've found that it doesn't take too long for managers to quit to work for less at a 9-5 job in more pleasant surroundings. To lower job-search costs, they try to force managers to stay four years.
I think it would be far less problematic if they cut salary by one-third and offered a $90,000 bonus in four years. But there would be far fewer takers either because the reduced salary wouldn't be competitive or the bonus would seem too speculative.
"
No idea really, but this might be something that can only be worked out over the course of a few years of tax returns. But her other problem is that she owes her former employer over $20,000 in legal fees.
"
I think the provision looks punitive, not compensatory.
My sister went to nursing school for free on the condition that she work so many years at the hospital. I don't remember the lengths of time involved, but this was when she learned she was very sensitive to the lack of sunlight and was constantly sick from the late shifts. Meanwhile, she met a doctor who recruited her to work at her clinic where all of the jobs were 9 to 5, at a higher salary and job flexibility and compensation to pursue nurse practitioner license.
I looked at the contract, she was required to repay the tuition price at its market rate, but she essentially credited an installment each month she worked, so that by quitting early she just had to reimburse the remaining portion of the tuition price. I found that reasonable (though I believed the calculations were off -- my sister didn't want to burn any more bridges by objecting to this point).
Here, I do see any training mentioned, just the culmination of experience, and the odd aspect that the longer she worked, the more she owed. I think a proper arrangement would have to have a better monetization of the value given by the company and a reasonable repayment structure.
*Comment archive for non-registered commenters assembled by email address as provided.