April 30, 2010
April 28, 2010
April 27, 2010
I was attempting to read through the Ninth Circuit's opinion regarding the grant of class status to all female Wal-Mart employees, past and present, but it's 138 pages and no. Just. No. I do not hate myself enough to slog through that long of a decision on the FRCP and class certification at this moment in time. Just. No.
Then I read through Judge Kozinski's dissent. One paragraph that neatly and utterly summarizes my view of the case. Read it. It's a thing of beauty. (All you have to do is go to the last page of the document)
I do think it's important to remember what was decided. All this decision is about is whether or not the class would be certified, not whether or not Wal-Mart discriminates against women as a corporate policy. This was a split ruling, the class sought was every woman who worked for Wal-Mart ever. The class certified was the current female employees with remand for further findings on the prior employees.
Here's my completely and totally uninformed opinion - look, statistically, some manager at Wal-Mart discriminated against a woman because she was a woman. The sheer numbers involved make that probable. I find it utterly improbable that there is a corporate policy to do this. It makes no financial sense. Lumping every single woman who works at Wal-Mart into one pool makes no sense. The job classifications don't mesh, the supervisory oversight, the competency of the employee and on and on are just too different. I cannot possibly see this withstanding scrutiny even under the ridiculously loose terms for class certification. Before everyone says "oh hey Ninth Circuit of course it will be overturned" remember that whichever side lost was going to take this up. If it was 6-5 the other way, it would still go up.
I cannot believe I'm defending the Ninth Circuit, but here goes. The case law on class certification is all over the place. There were rule changes that were supposed to improve things that just made it that much worse. The Ninth Circuit is pretty much betting on which way the Supremes would come down. Both sides have legal support for their positions. Bluntly, I would have made sure this was a 6-5 decision to kick the Supremes in the head to make them take the case.
I love that dissent though. That's bench slapping at its finest.
What I didn't know is that he grew up dirt poor and hungry and became a decorated war hero before building a multi-million dollar empire of car dealerships from the ground up. This brief profile from the LAT is fascinating. I especially liked the story of his very first car lot.
(By the way, when I was a little kid, I quite innocently thought that the lyrics in his commercials were "Pussy cow, pussy cow, pussy cow," not the actual repetition of "Go see Cal." I have since found others who misheard the lyrics in similar ways.)
April 26, 2010
THE POWER OF BOOBS COMPELS YOU!
Look, this could be random chance so I believe the experiment should continue.
Dita agrees. (Of course it's below the fold, it's Dita though still KSFW)
Here. Let me contribute some more evidence to this experiment. Have some Rosario Dawson. (below the fold since KSFW)
Sadly, I'm not showing cleavage today as I'm at work and those bastards don't deserve my cleavage I'm a professional. I do plan, however, to honor the awesome power of boobs throughout the day.
Let's start with that Lane Bryant commercial, shall we?
April 23, 2010
I forgive Arizona for John McCain. Awesomeness like this deserves respect.
Arizona's governor has signed into law an immigration bill seen as one of the toughest in the US, despite strong criticism by President Barack Obama.
The bill signed by Governor Jan Brewer will require state police to question people about their immigration status if there is "reasonable suspicion".
The bill - which takes effect in 90 days - also makes it a crime under state law to be in the US illegally.
President Obama has described the law in the US border state as "misguided".
Gov Brewer signed the bill into law live on television, saying it "protects every Arizona citizen".
She said the measure would strengthen border controls in the state, which borders Mexico.
The governor also said she had to act because the federal government had failed to tackle illegal immigration.
It goes on to say that Teh Won has asked the Justice Department to review the legality of this law, 'cause it might be mean and discriminatry against hispanics and stuff. I know, shocking that he would say that, right?
As a friend of mine said, add some roobios and a little Lego person and tea time just became AWESOME.
Sadly, it looks this isn't in production yet. The universe should not taunt Happy Fun Alex like that.
April 22, 2010
...“Compare the meaning of ‘Now, therefore, it may be and is hereby ordered that' with ‘It is ordered.’ ”
Kressel also observes that “lawyers love to capitalize words. ...not quite randomly, but certainly with great abandon.
There's more juicy, how-about-you-write-what-you-mean? goodness and a PDF with the guidelines at the link.
I have to admit that when I'm responding to especially verbose and ignorant (it's funny how often they go together) attorneys I try to put in lots of that high-faluting lawyer talk with "whereby"s and "heretofore"s. I'll occasionally go overboard on "thusly"s, but I like them.
I really get into talking about myself in the third person. That makes me laugh every single time.
Via a guy I work with. You wouldn't know him and I don't want him reading the blog. He's one of the few people at that office who likes me. I'm the evil conservative, global worming denying, gun-monger who doesn't think Bush is evil on the 5th floor, he's a Vietnamese boat person who got here as a child shortly after Saigon fell. He's kinda conservative. (Gee, ya think?)
He's even more disliked than I am. He hasn't learned to keep his mouth shut and over the past 4 or so years my floor turned from weird geeks to hard leftists.
April 20, 2010
When the Giants opened the Cowboys' shiny new stadium with a victory, apparently I wasn't the only one who was thought it was funny.
Eli autographed a concrete pillar in the locker room. There's a pic at the link.
I'll be laughing about that for years to come. That's almost funnier than TO crying.
April 19, 2010
April 17, 2010
April 16, 2010
Would you believe she is a member of the Russian parliament and it was once rumored she was going to marry Vladimir Putin.
Why aren't our Senators this entertaining? I feel ripped off.
Stan Turley though, didn't get much firewood cut on the state land he visited Tuesday.
Instead Turley found 31 long guns and pistols lying along a two track in Freeman Township of Clare County.
I hope that after 30 days, if nobody claims them, he gets to keep them.
Via Say Uncle Who
Who notes, "That never happens to me."
Yeah, me neither.
April 13, 2010
April 12, 2010
So it seems that a couple of weeks ago, Lucifer himself was walking around Hell, observing all the suffering. He was on a mission to be sure everyone was enduring the maximum pain when he noticed a chubby old guy with white hair sweating and shoveling coal. The guy was obviously in great distress, but the Devil decided he just wasn't suffering sufficiently.
So, he walked up to the perspiring old fellow and whispered in his ear,"Hey, Teddy... Have I told you a Republican got your Senate seat?"
I figure he's one of the few people in Hell who have to drink water as a punishment.
I'll be in my bunk.
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