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Tempra

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About Tempra

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  1. Tempra

    The Last Jedi: Here There Be Spoilers

    My thought as well. The movie was beautiful to watch and there were some quality scenes but totally underwhelming and did absolutely nothing to advance the story except clarify who the real bad guy is. Big whoop.
  2. Tempra

    US Politics: Russian Roulette Republican Style

    The Supreme Court granted certiorari only on the free speech question and declined to hear the free exercise of religion argument. Nonetheless, whether the free exercise of religion clause protects the baker would likely have turned on whether there is a valid exercise of free speech. Here is what Scalia wrote in the peyote case (Employment Division v Smith): "The only decisions in which we have held that the First Amendment bars application of a neutral, generally applicable law to religiously motivated action have involved not the Free Exercise Clause alone, but the Free Exercise Clause in conjunction with other constitutional protections, such as freedom of speech and of the press, see Cantwell v. Connecticut, 310 U.S. at 304, 310 U. S. 307(invalidating a licensing system for religious and charitable solicitations under which the administrator had discretion to deny a license to any cause he deemed nonreligious); Murdock v. Pennsylvania, 319 U. S. 105 (1943) (invalidating a flat tax on solicitation as applied to the dissemination of religious ideas); Follett v. McCormick, 321 U. S. 573 (1944) (same), or the right of parents, acknowledged in Pierce v. Society of Sisters,268 U. S. 510 (1925), to direct the education of their children, see Wisconsin v. Yoder, 406 U. S. 205 (1972) (invalidating compulsory school attendance laws as applied to Amish parents who refused on religious grounds to send their children to school). [Footnote 1] Page 494 U. S. 882 Some of our cases prohibiting compelled expression, decided exclusively upon free speech grounds, have also involved freedom of religion, cf. Wooley v. Maynard, 430 U. S. 705 (1977) (invalidating compelled display of a license plate slogan that offended individual religious beliefs); West Virginia Board of Education v. Barnette, 319 U. S. 624(1943) (invalidating compulsory flag salute statute challenged by religious objectors). And it is easy to envision a case in which a challenge on freedom of association grounds would likewise be reinforced by Free Exercise Clause concerns. Cf. Roberts v. United States Jaycees, 468 U. S. 609, 468 U. S. 622 (1983) ("An individual's freedom to speak, to worship, and to petition the government for the redress of grievances could not be vigorously protected from interference by the State [if] a correlative freedom to engage in group effort toward those ends were not also guaranteed.")." Although the free exercise of religion question isn't at issue here, the conservative justices don't seem to be treading new ground--merely fitting this case into a well-established exception.
  3. Eh, "chode" has been a common pejorative term for 20+ years, at least in parts of the Northeast.
  4. Tempra

    US politics: Just another Mueller Monday

    As a lawyer, this is terrifying. As a citizen, it is appalling (though unsurprising) to see the extent the rich and their enablers (lawyers, lobbyists, etc) have deprived the public fisc through (likely legal) tax evasion schemes via elaborate offshore shell games. It is only a matter of time until most/all major multinational law firms are hacked. Those firms house valuable information and, for now, are soft targets. They better keep their insurance premiums paid with sufficient coverage for the inevitable lawsuits. Although I suspect some of these firms fear something worse than a simple lawsuit...
  5. Tempra

    Reforming police, the Blue Wall of Silence

    Indeed. Scot, would you be providing pro bono defense services to accused police officers?
  6. Tempra

    The Diversity Pipeline

    I'd be curious to hear women's views in comparable Government positions. There are roughly twice as many women in SES (Senior Executive Service) positions as there are equity law partners. Many of these positions are as prestigious or even moreso than their private sector counterpart. Those women aren't settling for an inferior job (just an inferior pay check). Why can the Government place women in leadership positions in significantly greater percentages (though not ideal)? The allure of work/life balance and robust affirmative action policies certainly help. How much of the leadership gap between Government and BigLaw can be attributed to not having to retain clients? How much of the bias against women in leadership positions is inherent to the law firm vs the client?
  7. Wow. RIP Bones. I am saddened to hear about your passing. My condolences to your friends and family.
  8. Tempra

    Water Protectors relatives and friends update

    I'm sure you have a far superior understanding of this case's facts and the United States' legal obligations thereto than the district court that denied the preliminary injunction.
  9. Tempra

    Water Protectors relatives and friends update

    Are you aware that the Court denied the preliminary injunction filed against the Army Corps of Engineers by the Standing Rock Sioux? In denying the preliminary injunction, the Court determined that Standing Rock Sioux were unlikely to prevail on the merits that the Army Corps of Engineers violated its legal obligations wrt permitting the DAPL.
  10. Tempra

    [Poll] How would you rate episode 508?

    Me too. Jumped on my couch and haven't stopped fist pumping since that scene. 37/10.
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