If this $100 million in impact rule is the reason for the judgement, wouldn't that suggest that a scam that takes in more than $100 million would be protected?
That's essentially what these businesses are doing. They're taking money from people who either don't want their product, or didn't realize that they'd be charged continuously.
Just yesterday I cancelled a service, they made it very simple, until I read the very small print that said "this service is paused for 1 month". I didn't want a pause, I wanted a cancel, but how many people are being caught out by this.
I emailed them, and the CEO replied that they are changing this policy. I'll try to follow up on that in a month, but I'm not believing this on face value.
> If this $100 million in impact rule is the reason for the judgement, wouldn't that suggest that a scam that takes in more than $100 million would be protected?
No.
The $100 million rule doesn't say that things with more than $100 million in impact cannot be regulated. It just says that more analysis is required when regulating such things.
Note especially that the hundred million dollar rule is about the amount of impact _of the new rules_, not the impact of the fraud that they’re trying to deter. The extra steps that they must go through are all about finding alternative rules that would be cheaper to implement, using suggestions from the public and the regulated industry.
For hairdryers particularly dyson is very trendy. People wait in line for limited edition hairdryer cases, it actually crashed sephora's website for one of the limited edition case colors, I think it was rose gold. And the hot pink dryers are very statement making pieces for salons. They are definitely great at marketing and partnering with influencers. Per my hairdresser they aren't the best products on the market but they have great branding.
I've been guilty of this myself for our neurotech sleeptech company, and I still owe HN a better blog post clarifying our positioning.
I think there are a few reasons you see this in health/medical community.
1) just helping people understand a different view of the problem is often enough for one blog post. Stuffing new way to look at solution and new solution together can sometimes be a bit much.
2) we have to be cautious from a regulatory perspective about what we say, and sometimes in being too cautious don't give the people who REALLY want to understaned the processes enough to go on. For our company, I used to say things like "we can increase the synchronous firing of neurons which results in reduced 15^% drop in early night cortisol, and 14.5% increase in hrv....".
But prior to regulatory approvals, we can't point directly to neurological or physiological processes, which means we kinda end up talking around the solution a bit.
3) in marketing, they want to connect and build an audience, so they are dripping more information over time. One post gets feedback and interest from one group, then you do another, and another. It's about building the community and connecting with people, not just a "here's a problem, do the thing, thanks". If you are trying to build a business, you probably need to get in front of people 7-8 times, particularly if you're taking a new approach to a problem, to build trust and brand recognition.
It's not the best, but it is the way the world works.
The word "ambition" comes with a variety of connotations.
>There are doers and there are talkers.
There are those who use their ambition to define a goal and then work tirelessly to achieve it. Think of the mountaineer who plans and trains for decades to eventually ascend Mt Everest.
Then there are those who share their ambition by talking about it. Seeking recognition, etc for "being ambitious". Staying with the mountaineer theme, those who refuse to climb a lesser mountain as not being important enough to expend their precious talents upon. It is these folks that if they somehow make enough money in some form, end up chartering a helicopter and sherpas to climb Mt Everest.
The word “ambition” is indeed vague, and this is unfortunate, as there is a rich vocabulary full of distinction we ought to be using. (You see the same thing when people use “passionate” as a virtue, such as in job postings when what they mean is “enthusiastic”. Taken literally, you certainly don’t want passionate employees!)
In the strict sense, ambition [0] is an inordinate love of honor.
Perseverance [1], OTOH, is the ability to endure suffering in pursuit of a good. Both effeminacy (refusal or inability to endure suffering to attain a good) and pertinacity (obstinate pursuit of something one should not) are opposed to perseverance.
It seems that ambition is therefore opposed to perseverance, since it can either be effeminate (the ineffectual daydreamer that makes big plans that he never realizes) or pertinacious (the person who bites off more than he can chew).
Prudence [3] involves the application of right reason to action, which itself presupposes right desire. An inordinate love of honor is therefore opposed to prudence, because it involves an inordinate desire. Furthermore, prudence presupposes humility [2], which involves knowing the actual limits of your strengths and qualities (it is not the denial of the strengths and qualities you actual have, which is opposed to humility and a common misconception!). Humility allows us to moderate our desires. In that sense, ambition as an inordinate desire for honors beyond one’s reach lacks humility.
>In the strict sense, ambition [0] is an inordinate love of honor.
I wasn't familiar with that connotation of "ambition", yet it immediately rings the bell when thinking of many folks who loudly and frequently talk about their "ambition"; all talk, no walk.
We are starting to see metal filaments and even this copper one[1]. Multi-filament fdm printers just might be able to make some rather large circuits. I doubt we'll get down to 0.2mm tracers, but if size isn't an issue, we can do better than the conductive carbon tpu(?) filaments which are common today.
I didn't see a link to the paper, so can only assume they were introducing new noises at randomized decibel levels to study participants.
My start-up uses sound to enhance sleep's restorative function. So blankly saying "noise at decibel level x disrupts sleep" is not true.
Over the last 10 years, research has shown that precisely timed micro-auditory stimulations increase slow-wave activity, and accompanying biomarkers of health. There are now more than 50 published peer-reviewed papers regarding this phenomenon. We link to some of these on our website https://affectablesleep.com
Environmental noise is different than precise stimulation based noise, but most of us have an adaptation level to environmental noise.
I remember when I first moved to Chile having dinner with an Argentinian and an Indian, and the Argentinian said the streets in Santiago were so loud it was important to get an apartment on a higher floor. The Indian guy looked around and was like "what noise"? To him, Santiago was a peaceful and quiet environment.
I agree with you, but for a different reason, assuming I am even understanding what is happening here, I'm not American.
My reading is that under the previous system, a single district could prevent an order federally, even if every other district judge agreed with the new order.
I don't see why a single district should be able to influence the entire country. I would understand that they could limit powers in their district, and potentially challenge laws at a state level, and then federally.
Let's look at how this could have impacted a topic that gets my attention in the US, gun laws.
I'm definitely left, so let's say a president came in and made some order about changing gun laws and made it harder to get a gun.
It seems to me, that if that were to occur, a single judge in a gun-loving district could block the order universally for all the other states?
That doesn't seem right. It does make sense that they could say that law doesn't apply to our district, and we will challenge that law being applied to our state and if the state agrees, they could then challenge the law federally.
I'm obviously making up a ton of stuff about a system that I don't understand.
Absolutely. And then someone grabs the authorities, they ascertain that access to the fire hydrant is necessary, and they remove the block. Or, they ascertain that access to the hydrant would result in harm (e.g., the people who want access want to damage it, or use it improperly), and allow the block to stay in place/remove the hydrant. Both the alarm and hydrant block are temporary emergency measures to prevent lasting injury should the relief not be granted immediately. They are only there until an authoritative decision is made.
Should a single person be able to block the decision of the top ranking fire-fighter. That fire-fighter may be good, or may be in the job because he likes things to burn.
I am looking for feedback, but I don't think that is a valid argument.
A single person absolutely can and should pull the fire alarm!
Are you suggesting that an entire country should operate as a single building?
Different districts have different laws and by-laws, and a district judge SHOULD be able to take issue with any law being passed down from on high. But should one person be able to challenge and essentially negate the power of the President.
Remember, I'm trying to take how this would be viewed if it were not a Trump issue. It's really easy to say "oh it's Trump, so screw him!"
I'm just surprised that this is how the system works. A single judge can bring the entire system to a stand-still? Is that really how this works?
This isn't a single person pulling a fire alarm. The alarm has been pulled, it's a single person saying "turn that damn thing off, I don't agree with your fire".
Under normal circumstances, the president wouldn't be shooting the country in the foot, so I completely agree that in this instance, perhaps it is good that a district judge can do this. But if American politics starts getting played this way, I think you may see significantly more challenges in getting good laws passed. I am not saying this is a good law.
>Under normal circumstances, the president wouldn't be shooting the country in the foot, so I completely agree that in this instance, perhaps it is good that a district judge can do this. But if American politics starts getting played this way, I think you may see significantly more challenges in getting good laws passed. I am not saying this is a good law.
Except it's not "getting" played this way. It's been this way for a long, long time.
What you're missing is that Federal district and appeals courts are not the final say. They can make (and do so all the time -- and have done so without issue for a very long time) rulings that are in conflict with rulings from other Federal courts.
The Supreme court is charged with addressing such conflicts.
The way this has worked is that judges issue rulings and those rulings are often "stayed" (not put into effect) to allow for appeal. However, when significant harm is being done prior to such appeals playing out, judges will not stay those rulings.
That can create conflict between the 94 Federal court districts when a court in one district rules one way in a case and a court in another district rules another way in a similar case.
And the way that's resolved is that those cases are appealed to the Supreme court which removes the conflict.
The problem with today's ruling is that it empowers bad actors to ignore rulings from some inferior jurisdictions and operate with impunity in other inferior jurisdictions.
More tellingly, the ruling specifically limits inferior court rulings to the specific parties to a case. As such, if the government acts unlawfully, only those who have actively filed suit against the government are covered by such rulings -- even if the actions taken by the government are blatantly illegal and/or the government's actions will likely be deemed inappropriate on appeal.
Which opens a loophole allowing the government to circumvent the courts (which are a co-equal branch of government and not meant to be subservient to the other branches) by blatantly breaking the law (e.g., stripping a natural born and/or naturalized citizens of their rights as citizens and shipping them off to god knows where without due process) against those who have not filed suit (either because they don't have the resources to do so and/or are deprived of the opportunity to do so by the executive branch).
And as long as losing party (in this case the executive branch) doesn't appeal (either to appeals courts and/or the Supreme Court) their loss(es) in inferior court(s), the Supreme Court never has the opportunity to address the conflicts (if any, as this is still a loophole even if no other courts have ruled on similar cases), essentially giving the Executive branch carte blanche to do whatever they want to anyone who hasn't pre-emptively filed suit and/or anyone they illegally (i.e., without due process) hold incommunicado, whether in the US or on foreign soil.
I'm not sure how things work in your country (as you didn't say which one it was), but I'm guessing that you wouldn't appreciate being disappeared without recourse if the government unilaterally decides to do so.
The issue isn't whether a single Federal judge can make rulings affecting the nation, but rather that the Executive and Legislative Branches must heed the rulings of the Judicial Branch, regardless of where those rulings originate.
If the other branches don't like it, they can appeal (and the Executive Branch doesn't even have to wait for such cases to reach the Supreme Court via the appeals process, they can go directly to the Supreme Court and ask them for a ruling immediately) such rulings.
This decision stands that on its head, effectively saying that if you are not a named plaintiff in any Federal court case, any ruling doesn't apply to you unless and until the Supreme court rules on the case one way or another.
Which, as I mentioned, allows the Executive Branch to avoid judicial scrutiny by not appealing rulings against them.
In the past, the Executive Branch would need to get appeals courts and, eventually, the Supreme Court to rule, removing ambiguity and conflicts (if any), this ruling creates a fractured and ambiguous legal landscape where relief from government overreach only applies to those with the ability and resources to sue in Federal court.
This is not fixing something that's broken, it's creating a multi-tiered justice system that the Executive Branch can manipulate to do pretty much anything it wants, even if it's blatantly (like stripping natural born citizens of their citizenship -- cf. the Fourteenth Amendment[0] to our constitution) illegal.
[1] Section 1 of the 14th amendment reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." [2]
[2] To clarify, since you're not from/in the US, Amendments to our constitution, once ratified (by 2/3 majorities in both houses of congress and by the legislatures of 3/4 of the several states -- the 14th was ratified in 1868, so this is nothing new), are incorporated into our constitution -- which is the supreme law of the land in the US.
Thanks for clarifying. I'm a Canadian in Australia.
I think this statement clarifies it for me
> The issue isn't whether a single Federal judge can make rulings affecting the nation, but rather that the Executive and Legislative Branches must heed the rulings of the Judicial Branch, regardless of where those rulings originate.
And that makes perfect sense. Thanks for your thorough response.
If you win in lower court you can still bring the case to the Supreme Court to create national uniformity. One of the consolidated cases for Brown vs. Board of Education won in Delaware while others lost.
That is the appropriate way to determine national uniformity in law.
IANAL, but IIUC (and I many be wrong) if there is no controversy (e.g., competing precedents in multiple jurisdictions) there's nothing to litigate.
Moreover, assuming that the "winner" of a case has gotten "relief," they no longer have standing to sue.
That said, the issue at hand doesn't include a decision on the merits of a case, but rather what the scope of a Preliminary Injunction (PI)[0] might be.
In the example I used, if a court implements a PI it's to limit the potential harm to those impacted by the harm claimed by the plaintiffs.
The SCOTUS ruling limits the scope of such a PI to just those who are either directly named as parties to the case and/or those within the jurisdiction of the district court.
In that circumstance, there is no set of cases to be consolidated since no trial has been held.
Given a government acting in bad faith, this leaves open the option that those harmed by the action of the government can be detained and moved outside the jurisdiction of the district court. At which point, according the the SCOTUS majority, the government can cause the harm being litigated and anyone caught up in this would need to bring a new case in the new federal district jurisdiction, even though Federal law applies everywhere in the US.
Please note that at the point a PI is granted, no one has "won" anything -- only that the judge has ruled that there is harm (and as such, standing to bring the case) and that those bringing the case are likely to succeed on the merits.
Again, since a PI isn't precedent, and the litigants claiming harm have already gotten relief -- at least until the trial is complete, they have no standing to push anyone to extend the PI to additional litigants in other Federal district jurisdictions, even though the legal question is relevant across all those jurisdictions, as it's Federal action.
If litigants receive relief through a PI, it addresses their specific harm. Extending it nationwide may be unwanted if other jurisdictions have different views on the policy. The Supreme Court’s ruling ensures relief is tailored to the parties or district, preventing a single district judge from dictating national policy.
While federal law applies uniformly, reasonable people and courts can disagree on controversial issues. Localized PIs allow diverse judicial input and foster a broader dialogue before a final ruling.
Court shopping for nationwide injunctions, common in cases like Obama’s DACA or Trump’s policies, lets one judge halt national policy…
Affirming a democratically elected executive’s mandate, Obama with DACA or Trump with immigration reforms is reasonable and respects the separation of powers.
IMO Congress needs to act more effectively, passing clear laws on issues like immigration to reduce reliance on executive orders and judicial battles.
>If litigants receive relief through a PI, it addresses their specific harm. Extending it nationwide may be unwanted if other jurisdictions have different views on the policy.
That doesn't matter if it's a federal issue (which it would have to be if it's in federal court). A single district judge dictating national policy temporarily, while a higher court makes its determination, is exactly what they're there for.
Either the activity is legal (nationwide) by federal law, or it's illegal (nationwide) by federal law. Limiting to the plaintiffs violates equal protection.
Parents need to have the income to support the family. They end up putting the child in childcare and taking on extra-work or if they are fortunate to rely on family members to afford childcare.
This is great news. We are implementing memfault, probably in September/October period, but were struggling with the pricing model for long-term growth.
I'm assuming Nordic gives the company the support and reach their mission and discover a more workable business model.
That's essentially what these businesses are doing. They're taking money from people who either don't want their product, or didn't realize that they'd be charged continuously.
Just yesterday I cancelled a service, they made it very simple, until I read the very small print that said "this service is paused for 1 month". I didn't want a pause, I wanted a cancel, but how many people are being caught out by this.
I emailed them, and the CEO replied that they are changing this policy. I'll try to follow up on that in a month, but I'm not believing this on face value.
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