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User: s2k2vidguy

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Comments · 16

  1. Const'l amend not needed for all federal elections on Barr Sues Over McCain's, Obama's Presence on Texas Ballot · · Score: 4, Informative

    one set of laws that covers how federal elections should be run

    That would require an Amendment to the Constitution. For no good reason.

    Not exactly. For presidential elections, yes, because the Electoral College is implicated. But for other federal elections, no. See Art. I, sec. 4, cl. 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators (emphasis added).

    Congress has the power of preemption of state laws on elections to Congress. But to implement uniform rules for presidential elections, yes, the Constitution would need to be amended.

  2. Re:What's the legality here? on Telecom Rollouts Raise Ire Over Utility Boxes · · Score: 1

    Eminent domain, no. What is at play here is something called an easement--specifically in this case a utility easement. Easements allow another the right to use property that the other does not own. Easements are typically marked out on the land plot recorded with the local government. The purpose of a utility easement is pretty obvious: to give the utility the right to place its pipes, cables, wires, etc. on the property and also to access them for maintenance, repair or replacement.

  3. Re:Serious FERPA Violation on Gmail Reveals the Names of All Users · · Score: 1

    Contractors are bound by FERPA because they are acting as agents of the university. If contractors were not bound by nondisclosure, it would be impermissible for schools to release the information to them. Thus, contractors must be considered to be agents of the university for this to not violate FERPA.

  4. Re:At what point on Purported ACTA Wishlist Would Put DMCA To Shame · · Score: 1

    Nice try. In 1995, the United States Supreme Court ruled 5-4 in U.S. Term Limits, Inc. v. Thornton that states cannot impose term limits upon their representatives or senators to Congress.

  5. Re:Allegedly? on Australian Man Found Guilty for Hyperlinking · · Score: 2, Informative
    If courts always prove someone's guilt or innocence, how do you explain the numerous guilty verdicts that are overturned on appeal to a higher court.
    Appeals courts will not find the verdict itself at fault. The court will find that some irregularity at trial occured that caused a faulty verdict. I know that sounds a bit contradictory but the verdict itself isn't the problem, some other factor is. The court will then overturn the lower court's finding, or verdict on those grounds. The higher court isn't necessarily saying that the defendant is not guilty of the crime, but that a constitutional right or other law was violated in the process and thus the verdict can't stand. The defendant could in fact be guilty, but now double jeopardy applies and he can't be retried.
  6. Re:While this is disturbing as hell... on Supreme Court Rules Private Property Can be Seized · · Score: 1

    Agreed. Perhaps the fine people running this site should change the category to a nice umbrella term, like "your (lack of) rights."

  7. Interesting little note, it's called FERPA on Pentagon Creating A Database Of Students · · Score: 1
    The Family Educational Rights and Privacy Act (FERPA) of 1974 as amended allows only certain information to be released to any agency or person, including government agencies. Under the Act, information designated as "student recruiting information" can be released without consent to the armed services. This information is defined as:
    [T]he student's name, local address, telephone listing, age (or year of birth), level of education (freshman, sophomore, etc., or degree awarded for recent graduate), and major [32 CFR 216.3(c)].
    As you can see, it says nothing about grade infomation. So my question is this: under what law does the government have the authority to collect grade-point average information on students? Or is it a secret law?
  8. Re:Amazing on New Star Wars Movie From the Makers of 'Troops' · · Score: 3, Funny

    Well, for starters, they aren't George Lucas.

  9. From the 9-1-1 Dept.? on Build Your Own Rotary-Dial Cell Phone · · Score: 1

    Wow, just wow...

  10. Grammar people! on Ken Jennings Gets a New Challenge · · Score: 0, Redundant
    "...which will pit Jennings in a final match against two survivors of a competition between nearly 150 past five-time winners..."

    It should be among not between. Sheesh!

  11. Re:one nation under god on Kerry Concedes Election To Bush · · Score: 1

    I like my new pledge: I pledge (?) allegiance to the flag Of the United States of America And to the Republic for which it stands, One Nation, Under King Curious George, Divisible, with Ignorance And Justice for no one.

  12. Not over just yet on Kerry Concedes Election To Bush · · Score: 3, Funny

    It isn't over just yet. There are plenty of Democratic-friendly lawyers that will be happy to file lawsuits in Ohio, with or without Kerry support.

  13. Re:basic protection only on How Secure is Windows Firewall? · · Score: 1

    And I guess "basic basic basic protection" translates to no protection. If MS was smart, they'd create an add-on program called MS Firewall and charge a bundle for it. But then again, who would buy it.

  14. Re:The President on Using Copyright To Suppress Political Speech · · Score: 1

    Last time I checked, the Senate is the other equal house of Congress and is not a separate entity unto itself. Would it hurt for people to learn just a little about our government?

  15. Re:Gone... Bye-Bye on Viacom and DishNetwork Battle On Air Over Contract · · Score: 1

    I can hear DISH subscribers making their switch to Cable or DirecTV already.

  16. "Adobe Magic..." on 27 Central Banks Push Anti-Counterfeit Software · · Score: 1

    I recently attended a day-long seminar (actually marketing session) for Adobe's new Video Collection software--Premiere Pro, Photoshop CS, etc., and I enjoyed what the rep called "Adobe Magic." So is that what the feature that keeps me from legally manipulating money images is called?