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February 19, 2017, 06:43:44 pm
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1  General Politics / U.S. General Discussion / Re: Oklahoma lawmakers want men to approve all abortions on: February 17, 2017, 11:41:00 am
I support this bill on a men's rights basis, not on a "pro-life" (a meaningless word these days) basis.

spoken like a true paultard basement-dwelling dud who can't get a date.
2  General Politics / U.S. General Discussion / Re: TN Considering bill giving immunity to anyone who hits protesters with a car on: February 17, 2017, 11:38:45 am
Horse$hit. There are already provisions to avoid civil liability when any pedestrian gets hit for not entering the road without looking, fails to use a crosswalk.

The "don't do it intentionally" BS part reminds me of this:


So I'm looking at the text of the proposed bill (bolding is mine). This is for torts only. It extends tort immunity to drivers when:

"(a) A person driving an automobile who is exercising due care and injures another person who is participating in a protest or demonstration and is blocking traffic in a public right-of-way ...

(b) A person shall not be immune from civil liability if the actions leading to the injury were willful or wanton."

So in order to claim the immunity, a driver would need to be both exercising due care as well as not acting in a willful or wanton manner during the tort.

Here is how the Tennessee code defines "due care" as applied to licensed drivers:

TCA 55-8-136(a) "Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway ...

(b) Notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person
[/b] ..."

Here is how the Tennessee courts define "willful and wanton" (Bolding mine again):

Schenk v. Gwaltney, 309 S.W. 2d 424 "To hold one guilty of ‘willful’ or ‘wanton’ conduct, it must be shown that he was conscious of his conduct and with knowledge of existing conditions that injury would probably result, and with reckless indifference to consequences, he consciously and intentionally did some wrongful act or omitted some duty which produced the injuries ..."

So criminal liability is not at issue, just allocation of damages in tort. I live in a contributory negligence State so we don't have to deal with this crock, but Tennessee is a modified comparative negligence State, so I'm guessing that may be an impetus for the change. My reading is that a driver cannot claim this tort immunity if they speed, if they aren't looking at what is in their path, if they aren't attentive enough to stop an avoidable mistake under the circumstances (like a crowd), or if they do any act with their car which will logically harm one of the protesters. Like I said, comparative negligence tort law is not my field, but it seems like this is just some GOP Tort reformers trying to codify a limited last clear chance defense; the common law one went bye-bye when the Tennessee Supreme Court adopted comparative negligence. I don't see this increasing the likelihood that any SA assholes are going to drive over White Rose protesters.   

Good analysis, MR (are you also a lawyer?), but PLEASE don't kid yourself for a moment that this has diddly to do with tort reform and isn't completely about the right's intolerance for anti-Trump dissent. Limiting civil liability for marching dissenters is still fundamentally Putinesque.
3  Forum Community / Forum Community / Re: The CrabCake Bureau of Funny Post Archival on: February 16, 2017, 08:12:42 pm

I'm assuming he withdrew so he could spend more time beating his family.
Nah.  He said he was tired of the abuse.
4  Forum Community / Forum Community / Re: I don't know how you guys do it... on: February 16, 2017, 08:06:23 pm
What percentage of active posters would need to be banned, in order to make this site a shining city on a hill? And what are the odds that there would ever be a consensus as to whether of not that esteemed state has been effected after the mass bannings have been completed?

It kinds of reminds me of Iraq. Don't make a regime change until you have a high level of knowledge and confidence as to what will replace it over time, and for that matter elsewhere, and what the ensuing body count will be as one moves from A to B.

Torie, that's frankly groundless. No one is shooting for "a shining city on a hill"; most posters are just tired of this place rapidly and unapologetically turning into Stormfront 2.0.

The mods supported freedom of speech while balancing that Nazism wasn't welcome on a private website. It seems that rampant unapologetic bigotry that would've quickly earned someone the door a couple years ago is tolerated, even coddled.

This is NOT a step forward for free speech, but rather a big step backwards for civility in the entire Forum Community.

Racism and xenophobic nativism has sadly grown close to mainstream on the right. That's not particularly debatable. Ergo it's invaded our political discussions on Atlas as well. Apparently the mods believe that because just hateful attitudes and speech are more common in the real world, it should be more accepted within Atlas. Now exorcising hate posts has shifted to being an attack on conservatives and their values, because conservatives have elected a cartel of folks who flirt heavily with the swastika tattoos crowd.

That's a loss for our community, and your lot have allowed it on their watch. Only your lot can change course and reinstitute basic values of civility and race-blind discourse here.

If a handful of white power enthusiasts complain about "liberal censorship" and a couple Eharding types wind up banned, trust me: The vast majority of posters--including conservatives--will be grateful.
5  Forum Community / Forum Community / Re: Now that ag has apparently left the forum, who should lead the ECON board? on: February 16, 2017, 07:42:02 pm
ag should be the eternal econ mod.
6  Forum Community / Forum Community / Re: how many 'reported' posts do you have? on: February 16, 2017, 07:36:01 pm
44/13. Didn't have any infracted from 2012 to 2016. Have had 4 since July.
7  Other Elections - Analysis and Discussion / Gubernatorial/Statewide Elections / Re: The Green Thread: Marijuana in the states on: February 16, 2017, 07:31:05 pm
I hope Jeff Sessions enforces federal law. If you want the law changed, change it. We can't just ignore the hierarchy of legal code.

What happened to conservatives supporting states rights?

They will again when they're out of power, but then with all the changes they made the Dems can ram a lot down their throat and they won't be able to stop it. Not a smart move on their part.
8  Other Elections - Analysis and Discussion / Gubernatorial/Statewide Elections / Re: NH-GOV 2018: Sununu suffers major political defeat as right to work fails on: February 16, 2017, 07:28:08 pm
Good job GOPers who voted against that disastrous legislation. Interesting to see where Sunununununu will go from here.
9  Other Elections - Analysis and Discussion / Gubernatorial/Statewide Elections / Re: OH Megathread: Ryan Close to Decision. on: February 16, 2017, 07:23:50 pm
Hasn't Ryan done this in every election cycle?

I really don't see why he'd want to stay in the House. I understand not challenged Kasich in 2014, and Portman would have been tough but he has to eventually give one of the offices a shot right?
Not really. Ryan could easily wind up in the mold of Kaptur, that is to say, a House lifer. He got into a safe Congressional seat at the age of 29, what's his actual incentive to seek statewide office? He will, eventually, be Chairman of the Appropriations Committee if he sticks around, or he could wind up as Speaker.
I think speakership is pretty likely. The Progressives are getting much stronger than before, and when the Democrats retake the House there may be a lot of pressure on the Representatives to choose a Speaker paltable to their base. Ryan would be a leading candidate. I do think though, that even a failed run for Governor, if he campaigns decently, could keep him popular and increase his name ID. That would be a net positive.
If he runs for governor he's not getting that seat back. There are two popular Ds salavating for him to step aside

Just curious, who?
10  General Politics / U.S. General Discussion / Re: Open letter by psychiatrists: Trump "incapable of serving safely as president" on: February 16, 2017, 07:21:31 pm
Sounds like Trump should sue them for libel.

Truth is an absolute defense to libel.
11  General Politics / U.S. General Discussion / Re: The odds of a Trump resignation on: February 16, 2017, 07:19:36 pm
0% and anyone who actually thinks Trump would ever willingly resign are delusional.

Short of a bona fide indictable offense coming to light, despite the Congressional leadership obviously avoiding any investigations whatsoever of Trump and his administration, this.
12  General Politics / U.S. General Discussion / Re: Is this the beginning of the end of the Trump administration? on: February 16, 2017, 07:14:49 pm
Nothing good ever happens, so no.
13  General Politics / U.S. General Discussion / Re: Bannon: the US is going to war with China this decade on: February 16, 2017, 07:12:11 pm
"Hillary is the hawkish candidate!"

Well, she is, but that doesn't mean Trump is good when it comes to foreign policy.

Yes. Because undoubtedly Clinton's top advisors would've been predicting war with China. Roll Eyes

(and a special single digit salute to the mod who deleted my entire post for my implying MT was a moron instead of simply removing the TWO WORD offending sentence)
14  General Politics / U.S. General Discussion / Re: When does the winning start? on: February 16, 2017, 07:05:22 pm
Badger says everything I want to say but somehow find the restraint to refrain from.

Restraint has never been my strong suit. Wink
15  General Politics / U.S. General Discussion / Re: Trump Cabinet confirmation hearings **live commentary thread** on: February 16, 2017, 07:03:11 pm
McCain is senile

Mr. Pot, meet Mr. Kettle. Tongue
16  General Politics / U.S. General Discussion / Re: Trump Cabinet confirmation hearings **live commentary thread** on: February 16, 2017, 06:57:22 pm
You Manchin haters do realize that he's voting exactly the way that appeases the  majority of his constituents, right?
How does voting for a former Goldman Sachs executive accomplish this?

Dude I don't know, but do you really think he wants to commit political suicide by voting for cabinet picks his voters all hate?  Sure he may make a principled stand and vote his own way once or twice but not on all the picks.
I kinda doubt voting against the likes of Mnuchin would really hamstring his career. Manchin has been able to build his credibility on defying both parties and generally being a populist. How the hell is his challenger going to nail him to a wall for voting against some elitists?

And no, I'm not suggesting he should vote down everyone or even a majority, but at a certain point you have to do wonder how much this vote really matters.

Agreed. Damned puzzling.
17  General Politics / U.S. General Discussion / Re: Trump Cabinet confirmation hearings **live commentary thread** on: February 16, 2017, 06:55:10 pm
Until I have good reason to believe otherwise, I'm going to guess that any Republicans (other than Collins and Murkowski) who claim to be "on the fence" about DePlagiarist are, in the end, going to be good little minions and vote for her. They're probably just saying that they're undecided to make it look like they care about such trivial things as knowledge, experience, and qualifications.

Corbyn said DeVos will have the votes

Collins is full of sh**t too...she could of stopped DeVos but voted YES in the committee then voted NO in the Senate

What a joke

Her office probably got a lot of calls from concerned voters.

bullshyte. this is 100% about her being left off the hook by McConnell counting votes. he needed her for Committee, but now with Pence he's given her the green light to "vote her conscience" (i.e. pander to voters to show what an "independent" she is).

Collins has probably never cost the GOP leadership a single battle from her vote, and probably never will.

What exactly did you disagree with?  Where did I say that Collins is not a hypocrite?

I meant her vote was ultimately based on McConnell's giving her the green light, not constituent pressure.

I think we're both "arguing" two sides of the same coin. Wink
18  General Politics / U.S. General Discussion / Re: Oklahoma lawmakers want men to approve all abortions on: February 16, 2017, 06:51:45 pm
If any of you are on AAD you really must read Bushie's opinion on this in our Forum Community board.  Roll Eyes

I'm SO torn between responding "pass!" or "link?"
19  General Politics / U.S. General Discussion / Re: Russia Violates Arms Treaty on: February 16, 2017, 06:49:04 pm

I assume we will be doing everything but carry their water for them. "Would you like a hors d'oevure with that arms treaty violation?"

Good relations = Let them do whatever they want /= Weak foreign policy = Trump is a strong leader.

Muh Logics
20  General Politics / U.S. General Discussion / Re: Russia Violates Arms Treaty on: February 16, 2017, 06:48:40 pm
Just like the western powers violated their pledge not to expand NATO?


You don't, warmonger, but people who recognize Russians as fellow human beings and want good relations certainly do.

Uh, how did expanding NATO start any wars? Or hurt the Russian people? No the one hurting them is that thug Putin who is oppressing them, not NATO.

No, it is Putin that saved Russians from the poverty and crime inflicted by western puppet Yeltsin. NATO is a military alliance against Russia, it is by it's nature threatening. Not to mention the US incited the violent Ukrainian revolution.

WTF? Huh
21  General Politics / U.S. General Discussion / Re: Melania Trump Is Reportedly ‘Miserable’ in Her Role As First Lady on: February 16, 2017, 06:43:55 pm
She's a trophy wife, who wanted to life a quiet life of the rich man for as long as she could. Too bad, now she has to do something. If she doesn't like it, she can file for divorce. Would LOVE to Drumpf be tossed to the side for once.

I hate to sound cruel, but yeah, this.
22  General Politics / U.S. General Discussion / Re: Melania Trump Is Reportedly ‘Miserable’ in Her Role As First Lady on: February 16, 2017, 06:43:01 pm
She doesn't want to be a first lady, and that role could easily go to Ivanka or even no first lady during the Trump administration

Or maybe Donnie boy can find a younger replacement.

That's kinda been his MO for 40+ years after all.
23  General Politics / U.S. General Discussion / Re: TN Considering bill giving immunity to anyone who hits protesters with a car on: February 16, 2017, 06:40:00 pm
The saddest aspect of this legislation is that it's already relatively easy to get away with vehicular homicide in most of the United States. As long as you aren't noticably drunk, odds are that it'll be dismissed as an "accident" and even if you're penalized it's not likely to be treated with anything like the severity that any other homicide, even accidental ones, would receive.

Well, not to be pedantic, but causing a death by any negligent or "at fault" driving is generally a criminal offense. And not the simple "pay your ticket through the mail" kind, but rather one involving potential jail and mandatory license suspensions. Those are generally misdemeanor offenses. Once one kills another by "reckless" driving, then one is looking at potential prison time.
24  General Politics / U.S. General Discussion / Re: When does the winning start? on: February 16, 2017, 06:35:24 pm
Stocks have been up and up, hitting record levels. That is because of Donald Trump.

LOL!! Mike, you utter buffoon. Google a chart of the last 10 years of the S&P 500. Starting from a nadir 6 weeks after Obama's inauguration it's value has more than QUADRUPLED. And yet you never to my recollection mentioned one word of that uncomfortable (for you) fact in the last 8 years. President Pussygrabber is on the job less than a month and suddenly it's all because of HIM?!?

This is a stupid, stupid post even for you. And that's saying a lot.
25  General Politics / U.S. General Discussion / Re: Michael Flynn resigns on: February 16, 2017, 06:27:50 pm
Who cares about this? The REAL issue the MSM obviously misses is whether Flynn ever used a private e-mail server on the job!!
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