Re: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,
The Australian commentator was just a whining electoral loser! From what I know of Australia they are doing just fine there (other than fighting the USA caused global warming, eh).
Your jury award bogeyman has been exposed as that by other of your countrymen! The difference between the Canadian and USA jury awards is not so huge as to be an absolute barrier.
Discrimination in employment on the basis of gender and race and religion have survived your beloved First Ammendment - wonder why?
But, yeah, one thing you are right about is that you can't just copy something from another jurisdiction!
S H
----- Original Message ----
From: Malcolm Weir <malc@gelt.org>
To: BDSM-LegalIssues@
Sent: Wednesday, January 9, 2008 7:40:48 PM
Subject: RE: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,
> -----Original Message-----
> From: Spanked Hubby
> Sent: Wednesday, January 09, 2008 7:15 PM
Poor old Hubby...
> I provided a cite to the law in BC. Others have given other
> examples from Holland, Australia, etc. What more do you
> want? Probably there are studies out there doing
> comparisions and all that but this not being my area of law I
> don't have them handy!
... Seems to have missed the fact that the Australian comment was very
unenthusiastic.
> And the onus is definitely on the USA naysayers.
Nope. Your solution, so you justify it.
(And while you're at it explain why anyone should give a wossname over your
judgement, given that you have nothing to lose either way).
[ Snip ]
> Only in the USA according to the naysayers here will it not
> work - huh!?
You seem incapable of grasping the reality of jury award system, even though
you've acknowledged that in Canada (and Europe) it is radically different.
Whoops.
Still, as a matter of fact, no-one has said "it will not work" -- that's a
fabrication of yours, based on your unwillingness to do much more than wave
your arms around and say little of any substance.
What I have said, and others have commented on, is that the CONSEQUENCES of
your arm waving "plan" are much broader than you realize, and so you can't
just transplant the BC law to (say) California. You need to change a number
of other things, such as the habit of US juries of making awards beyond the
material damage, and including an adjustment to the US Constitution' s Bill
of Rights, specifically, the First Amendment.
If you don't modify the Bill of Rights, you'll run flat into, say, "Boy
Scouts of America, et al, v Dale, James" 530 U.S. 640 (2000)
Whoops.
Could we start from scratch and come up with something better? Sure... But
changing from where we are now to where you want us to be is far from the
trivial issue you seem to believe it to be, and I'm not holding my breath
waiting for it!
-- But hey, I'm fine with you holding yours...
> S H
Malc.
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posted by Annja Sue at
7:56 PM
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