BC FOR LATER READ
Saved by @CodyyyGardner

The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.

 Here's the decision. Some highlights follow

https://t.co/u8GypCeRT4
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
OOOOOOOOOF level: Infinity. Achievement unlocked
Seriously, a court saying "this band of merry fuckwits got this wrong for many more reasons than I can cover so I'll just pick the top FOUR" is not something that you ever want to see
Just going to pause here to remember that the Court did this without opposition briefing (since no opponent was served nobody responded) because these problems were so glaring
YOU ARE SPECIFICALLY ASKING TO BE DISENFRANCHISED
Not only are you the wrong plaintiffs, but, unfortunately, you neglected to provide the Court with the necessary time-travel machine
That first highlighting is the politest version of "what the ever-loving fuck were you guys smoking to think that this was a thing" that I can remember seeing, ever, and I love it.
"must also pause at" is entering my personal litigation toolbox, thanks
There is no rule that requires the court to quote a party's briefing in the order; those "Sic" notations are just twists of the knife.

Because the substantive argument was loony tunes
ahahahahaha
This judge gets it. As I said, this suit was a political stunt, and the Court is correct not to let itself get used for that.

Note: the grievance committee can issue discipline ranging from "take some CLEs" all the way through "you can no longer practice in DC Federal Court"
And that's it.

Seriously, this ruling was chicken soup for the ethical litigator's soul. Very much needed

More from Akiva Cohen

Akiva Cohen
Akiva Cohen
@AkivaMCohen
Somebody asked me about this idiotic "PenceCard 2: Electric Boogaloo" article, and people, just stop worrying about this stuff.

The conspiracy wing of the GOP is going to keep pumping out these "Ten Neat Tricks to steal an election [number 8 will shock you!]" articles straight through the inauguration. (Yes - don't expect this to stop after the electoral votes are counted)

None of it is real. None of it has any legal basis. It's fantasy written by fantasists for coping MAGA-ites who find reality just too painful to accept. Ignore it.

This particular flavor of wishcasting was written by Ted Noel. Unless there are two "Ted Noel"s writing nonsense for the American Thinker, Noel is a doctor, not a lawyer or scholar, who nevertheless writes about legal issues

This actually makes me feel a bit better, because the thought that a *lawyer* could think that Pence had "plenary power" to discard state election certificates for any reason he chose is - even after watching Wood, Powell, Kaardal, and the rest - somehow too hard to contemplate
ALL
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Dear Texas: When your argument is that election procedures were adopted in violation of the Electors clause, the only evidence you need to "marshal" is "what election procedures were adopted and how"

You don't need weeks, a magnifying glass, and Melissa Carone


Also, why is there no other forum? You couldn't have sued in Federal court in Georgia or PA in advance of the election because ...?

Oh, right. No standing. That's still a problem


Also, Texas? I feel like you should take that up with ... Texas


I kind of feel like "look, what you meant by Purcell was let's just wait until after the election and then invalidate ALL the votes" isn't necessarily the *strongest* argument


Also, you don't just get to make up a new principle of constitutional and election law and just call it "a variant of" Purcell (or anything else).

You can tell it's made up by the total absence of any citation to ANY case, ANYWHERE, saying that
LAW
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason


First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here


There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"

In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past

I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
JUDGE
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Looks like we need to spend some time talking about the Parler lolsuit against Amazon and why it's deader than a Mitch McConnell comedy special. They've brought three claims - antitrust, breach of contract, and tortious interference. None will survive. Here's why

Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!


There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly

ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike


And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
BUSINESS
Akiva Cohen
Akiva Cohen
@AkivaMCohen
OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.

Again - this thread will happen in fits and starts. I'm swamped at work and this will come in 10-15 minute chunks as I take a break

Let's start by taking a look at the table of contents. After a 4-page intro (that's relatively long, don't love it), the brief spends a solid 30 pages walking through the facts underlying the impeachment - and, the subheadings tell us, tying in Trump's general refusal to accept


the election results with everything that followed. This is a strong rhetorical approach, but it comes with dangers: the President not only had a legal right to contest the election results, but the GOP Senators pretty much all backed that right, strongly.

It's going to be important to thread a needle of saying "this set the stage for what came after" without putting yourself in a place where you're trying to convince the Senate that the challenges themselves were impeachable. That won't fly
CULTURE

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Evil Saint
Evil Saint
@sanctemalum
8 rules the top play by that those at the bottom should adopt.

— Thread
(requested by followers)

1. Leverage

Most poor people don't leverage. Trying to get everything done yourself will limit you to only how much you can do.

Get more hands working for you, and find a way to pay or show them what's in it for them.

2. Trust

When doing business, poor people would require collateral from strangers, but excuse those close to them because they *trust* them.

That's how you get scammed.

The unspoken rule is to know your safety net whenever you're not taking collateral.

Never need to trust.

3. Morality

Never seen a very successful businessman say "This is not a good thing, it's evil."

It's either good for business or bad for business. Its either effective or ineffective.

Morality will only limit you.

4. Reciprocity

Expecting someone to help you because you helped them in the past is ludicrous.

If you're no longer useful to them, people have no reason to help you.

"Whenever you see water flowing upstream it means someone it repaying a kindness."

— 48 Laws Of Power
LIFE , FOR LATER READ , SELF DEVELOPMENT
jeevan patwa
jeevan patwa
@jeevanpatwa
#SuvenLife – Niche R&D play..very high risk and very high reward…key is right allocation…

Jazz Pharma was quoting around $0.5 in 2009, today its $150 and Mcap of $8.5 Bn on Nasdaq..almost 300x in 11 years. 80% of its total sales ($2.1 Bn) come from single drug Xyrem.

Axovant Lifescience, bought Alzheimer molecule from GSK, repackaged it and done phase-3 trials. Before starting the trials, the valuation was $2 Bn, just before announcing the data, it rose to $3 Bn. One of the leading broker put the target of $12 Bn if the trials succeeded..

but it failed in phase-3 trials. Current Mcap is $120 Mn…

This is R&D for New Chemical Entity (NCE)…very high risk and very high reward…

Brain-related illnesses, also known as CNS diseases, afflict more than 2 billion people worldwide. Diseases of the brain and mind range

from Alzheimer’s, dementia, epilepsy, migraine, multiple sclerosis, neuro infections, Parkinson’s, psychosis, schizophrenia and stroke to brain injuries and various mental disorders. The global market or CNS therapeutics is projected to reach $137.7 billion by 2025.

#SuvenLife has 1 lead molecule SUVN-G3031 in phase-2 trials which is similar to Xyrem but superior features, 3 molecules completed phase-1 trials and starting phase-2 trials and 11 molecules in pre-clinical trials. All are related to CNS which is growing and uncluttered market
FOR LATER READ
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Harry Haury
Harry Haury
@letsthinkdeeply
@cain_nate My friend Nate Cain and I have worked hundreds of hours with various politicians and legal groups trying to explain the election laws and how they fit together. There are many misperceptions of what happened during this election and what it means.

Simply put, our election laws are an intricate tapestry designed to ensure accuracy and prevent fraud. They work together like parts of a car. But when certain parts fail, the car is just a hunk of scrap iron and plastic. In this case critical parts failed.
2/

You do not have to prove fraud or intent, you just have to show that the election officials were unable to conduct an election that met the law and relevant certification requirements. In this case, the election does not come close to meeting accuracy requirements.
3/

These specifications are found deep in laws like FISMA, HAVA, and state adoptions of EAC guidance. 1 ballot error out of 125,000 or 1 position read error out of 500,000. Just look at the discrepancies between incoming ballot counts and total votes, the system fails.
4/

It is worse in the the swing states in Democrat strongholds but it is bad in many places. You add the apparent losses of ballots through the Mail and error rates in the ‘system’ are staggering. Why do we have these rules? Sure it is to prevent fraud, but......
5/
FOR LATER READ
Aaron Hanlon
Aaron Hanlon
@AaronRHanlon
1) Dreaded thread on why I think the response to postcritique is so vitriolic. Short version: Because literary studies is a discipline in search of an application.

2) Before I go on, I'll say from the outset that many in lit studies explicitly reject the idea that the field *should* have an application. My opinion is that's fine if you want to do book clubs, but if you want an institution you can't ignore that difficult issue. But anyway...

3) The evidence by this point is overwhelming that when lit scholars talk about 'method' we're actually just talking about ourselves: 'ways of reading,' 'how we argue,' 'phenomenology of reading,' etc. etc.

4) David Kurnick nicely illustrates this phenomenon:


5) But none of this is method discussion. Talking about ourselves, how we approach our objects of study, our motives and objectives, our commitments, etc. would be the *beginning* of a method convo in every other discipline. In lit studies it's the *end*, or the whole convo!
FOR LATER READ
Paul Bernal
Paul Bernal
@PaulbernalUK
A short thread on one aspect of trolling on here, from my recent experience. I’ve got a fair number of followers. I tweet about controversial topics - and yet I don’t get trolled that much. A bit, but not thatmuch. There are times, though, that I *do* get trolled a lot. 1/n

The pattern is pretty clear, and has been played out a few times over the last few days. I get into a conversation about a topic that could be considered race-related. Empire. Immigration. Something like that. And that conversation includes a highish profile BAME person. 2/n

More often than not, a BAME woman. In those cases, it takes very little time for the trolls to come steaming in. Most of them seemingly rational, taking issue with some technical point, but quickly descending into something much worse. 3/n

When I look at the profiles of the trolls, they’re often relatively innocuous. Not saying ‘Hey, I’m a racist troll, a white supremacist’ at all. Not likely to be caught by any kind of anti-troll measures. Instead, they look relatively normal. 4/n

But what happens is very much about racism, and often misogyny. Attacks that are - or appear to be - not that dramatic on their own. Not rape threats or death threats, or ‘go home’ or things like that, but designed to undermine, to disturb, to annoy - but with an undercurrent 5/n
FOR LATER READ

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Sumit Grrg
Sumit Grrg
@sumitgrrg
These 10 threads will teach you more than reading 100 books

Five billionaires share their top lessons on startups, life and entrepreneurship (1/10)


10 competitive advantages that will trump talent (2/10)


Some harsh truths you probably don’t want to hear (3/10)


10 significant lies you’re told about the world (4/10)
ALL , MOTIVATION , BOOKS
Robin Berjon
Robin Berjon
@robinberjon
Recently, the @CNIL issued a decision regarding the GDPR compliance of an unknown French adtech company named "Vectaury". It may seem like small fry, but the decision has potential wide-ranging impacts for Google, the IAB framework, and today's adtech. It's thread time! 👇

It's all in French, but if you're up for it you can read:
• Their blog post (lacks the most interesting details): https://t.co/PHkDcOT1hy
• Their high-level legal decision: https://t.co/hwpiEvjodt
• The full notification: https://t.co/QQB7rfynha

I've read it so you needn't!

Vectaury was collecting geolocation data in order to create profiles (eg. people who often go to this or that type of shop) so as to power ad targeting. They operate through embedded SDKs and ad bidding, making them invisible to users.

The @CNIL notes that profiling based off of geolocation presents particular risks since it reveals people's movements and habits. As risky, the processing requires consent — this will be the heart of their assessment.

Interesting point: they justify the decision in part because of how many people COULD be targeted in this way (rather than how many have — though they note that too). Because it's on a phone, and many have phones, it is considered large-scale processing no matter what.
TECH
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Filippo Valsorda
Filippo Valsorda
@FiloSottile
“We don’t negotiate salaries” is a negotiation tactic.

Always. No, your company is not an exception.

A tactic I don’t appreciate at all because of how unfairly it penalizes low-leverage, junior employees, and those loyal enough not to question it, but that’s negotiation for you after all. Weaponized information asymmetry.

Listen to Aditya


And by the way, you should never be worried that an offer would be withdrawn if you politely negotiate.

I have seen this happen *extremely* rarely, mostly to women, and anyway is a giant red flag. It suggests you probably didn’t want to work there.

You wish there was no negotiating so it would all be more fair? I feel you, but it’s not happening.

Instead, negotiate hard, use your privilege, and then go and share numbers with your underrepresented and underpaid colleagues. […]
LIFE
Marina Amaral
Marina Amaral
@marinamaral2
Rio de Janeiro, 1920. 🇧🇷


São Paulo, 1910. 🇧🇷


“Arpoador”, Rio de Janeiro, 1900. 🇧🇷


“Avenida Paulista”, São Paulo, 1902. 🇧🇷


Recife, 1885. 🇧🇷
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Alex Oluwatobi
Alex Oluwatobi
@alexlobaloba
According to psychologists, there are four types of intelligence:

- Intelligence Quotient (IQ)
- Emotional Quotient (EQ)
- Social Quotient (SQ)
- Adversity Quotient (AQ)

1. IQ is the measure of one's ability to comprehend, solve maths; memorize things & recall subject matters.

2. EQ is the measure of your ability to maintain peace with others; keep to time; be responsible; be honest; respect boundaries; be humble, genuine, and considerate.

3. SQ is the measure of one's ability to build a network of friends & maintain it over a long period of time.

4. AQ is the measure of your ability to go through a rough patch in life and come out without losing your mind. It is a new paradigm and can be used to determine who will give up in face of troubles and may abandon their families.

Now to the very interesting & analytical part👇

People that have higher EQ & SQ tend to go further in life than those with high IQ but low EQ &SQ.

Most schools capitalize on improving IQ level while EQ & SQ are played down.

A man of high IQ can end up being employed by a man of high EQ & SQ even though he has an average IQ.

Your EQ represents your character; your SQ represents your charisma. Give in to habits that will improve these three Qs but more especially your EQ and SQ.

EQ and SQ make one manage better than the other.

Try not only to have a higher IQ but also to have higher EQ and SQ.
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