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   <title>JDaSilvaJr&apos;s Blog</title>
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   <id>tag:tpmcafe.talkingpointsmemo.com,2009:/talk/blogs/jdasilvajr//452</id>
   <updated>	2009-05-28T11:56:54Z	2009-05-28T11:47:40Z	2009-05-22T20:08:26Z		2009-05-15T02:16:14Z	2009-05-08T19:57:11Z	2009-05-08T19:37:19Z	2009-04-24T18:26:44Z	2009-03-16T03:11:51Z	2009-03-16T00:22:12Z	2009-03-07T21:24:45Z	2009-03-07T19:53:37Z	2009-02-26T12:36:32Z	2009-02-24T14:04:10Z	2009-02-12T12:57:09Z	</updated>
   
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            <id>tag:tpmcafe.talkingpointsmemo.com,2009://14.272102-comment:3481401</id>
		    <link rel="alternate" type="text/html" href="http://tpmcafe.talkingpointsmemo.com/2009/05/26/a_disarmed_palestinian_state/#c3481401" />
		
		    <title>JDaSilvaJr Commented on A Disarmed Palestinian State? by Amitai Etzioni</title>
		        
			<published>2009-05-28T11:47:40Z</published>
			   <updated>2009-05-28T11:47:40Z</updated>
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		        <![CDATA[<p>This is a very good post and, for the most part, interesting comments. I agree not arming the new state would go nowhere - its absurd and won't work - it can't work - its never worked (anyone remember the demilitarized Rhineland post WWI?).</p>

<p>I would wager, however, that now that the idea is out there we will hear it in spades from lunatics like Netanyahu - in other words: pushing for something that can never be as a way of paying lip service to a peace that they have no desire to see occur. </p>

<p><br />
</p>]]>
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            <id>tag:tpmcafe.talkingpointsmemo.com,2009://14.271530-comment:3476303</id>
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		    <title>JDaSilvaJr Commented on How Dick Cheney Became Herbert Hoover by M.J. Rosenberg</title>
		        
			<published>2009-05-22T20:08:26Z</published>
			   <updated>2009-05-22T20:08:26Z</updated>
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		        <![CDATA[<p>Brilliant!  </p>]]>
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	<title><![CDATA[JDaSilvaJr recommended Mr. President: Don&apos;t Take &quot;No&quot; For An Answer on Settlements by M.J. Rosenberg]]></title>
    <link rel="alternate" type="text/html" href="http://tpmcafe.talkingpointsmemo.com/2009/05/22/mr_president_dont_take_no_for_an_answer_on_settlem/" />
   <id>tag:tpmcafe.talkingpointsmemo.com,2009://14.271590</id>
  <published>2009-05-22T19:02:35Z</published>
   <updated>2009-05-22T19:05:30Z</updated>
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            <id>tag:tpmdc.talkingpointsmemo.com,2009://9075.270315-comment:3467592</id>
		    <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2009/05/3100-companies-including-wal-mart-sign-letter-to-congress-opposing-efca.php#c3467592" />
		
		    <title>JDaSilvaJr Commented on 3100 Companies, Including Wal-Mart, Sign Letter To Congress Opposing EFCA by Brian Beutler</title>
		        
			<published>2009-05-15T02:16:14Z</published>
			   <updated>2009-05-15T02:16:14Z</updated>
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		        <![CDATA[<p>The only problem with the bill is that it gives WalMart as many as 130 days - it should be 60- </p>

<p>More importantly - here's a solution: no one campaigns on company time - not the union and not the company - everyone campaigns after hours offsite - its called a level playing field - if the union can't call a meeting at 11 in the morning then neither can the company! </p>

<p>last but not least, exactly how is this undemocratic - a majority signs the card and you are a union - a majority votes in an election and you have a union.  Seems that its still a majority to form a union either way and if you aren't interested in a union and you are in the minority after the card check or a secret ballot you still get a union.  </p>]]>
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            <id>tag:tpmcafe.talkingpointsmemo.com,2009://14.269388-comment:3461705</id>
		    <link rel="alternate" type="text/html" href="http://tpmcafe.talkingpointsmemo.com/2009/05/08/obama_vs_netanyahu_who_wins/#c3461705" />
		
		    <title>JDaSilvaJr Commented on Obama vs. Netanyahu: Who Wins? ++++ The Incipient Effort to FREEMANIZE  General Jones by M.J. Rosenberg</title>
		        
			<published>2009-05-08T19:37:19Z</published>
			   <updated>2009-05-08T19:37:19Z</updated>
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		        <![CDATA[<p>Fantastic MJ - excellent analysis as always.  One quick note: one of the comments rightfully noted that some settlements are gov't backed and others are just illegal.  Seems easy to me: if they are illegal: tear them down and arrest the people who erected the settlement.  Not difficult in concept.  Might prove difficult for Bibi, who is slightly dumber than Sarah Palin!  </p>]]>
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            <id>tag:tpmdc.talkingpointsmemo.com,2009://9075.267307-comment:3447575</id>
		    <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2009/04/minnesota-supremes-set-schedule-for-colemans-appeal----giving-him-more-time.php#c3447575" />
		
		    <title><![CDATA[JDaSilvaJr Commented on Minnesota Supremes Set Schedule For Coleman&apos;s Appeal -- Giving Him More Time by Eric Kleefeld]]></title>
		        
			<published>2009-04-24T18:26:44Z</published>
			   <updated>2009-04-24T18:26:44Z</updated>
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		        <![CDATA[<p>Start with the assumption that 1.) I can't wait for Franken to be seated and 2.) the one time I thought about voting for a Republican, it was the toughest 9 seconds of my life.</p>

<p>That said, I've actually written several Appellate Briefs - this schedule isn't actually all pretty ahort.  Drafting a cogent appellate brief for an regular old run of the mill civil case ordinarily takes me something like a week or two - and I don't mean a week or two around my normal schedule - its a week or two with no one bothering me, someone else taking my calls and making my court appearances.  Ordinarily, a briefing schedule is 30 to 45 days and frequently longer in complicated cases.  </p>

<p>This is a very complicated case in light of the many many days of testimony, the voluminous documents in evidence, the number of witnesses etc.  Thus in this instance - the schedule is actualy pretty fast, even in light of the fact each party has a team of really high level legal talent and can put in almost an unlimited number of hours on drafting the brief. The more people involved however the harder it can be to keep the arguments consistent, same language etc. Ultimately one or two members of the team will be responsible for making sure the brief is consistent throughout, cogent etc.</p>

<p>In the end, no matter how much I want Al Franken to be Senator Franken - I don't think the briefing schedule is all that out of whack with reality and is, probably, much faster that would ordinarily happen on such a complex matter. </p>

<p>  </p>]]>
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            <id>tag:tpmdc.talkingpointsmemo.com,2009://9075.261521-comment:3407697</id>
		    <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2009/03/cheney-obama-putting-america-at-risk-of-another-attack.php#c3407697" />
		
		    <title>JDaSilvaJr Commented on TPMDC Sunday Roundup by Eric Kleefeld</title>
		        
			<published>2009-03-16T00:22:12Z</published>
			   <updated>2009-03-16T00:22:12Z</updated>
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		        <![CDATA[<p>First I would really surprised if there is actually a contractual obligation to pay the bonuses.  One question though does come to mind: the financial shop that caused this trainwreck and received a large portion of the bonus money is located and operated out of London.  Anyone know if there are any UK legal issues here - it could easily be that the US could do something about the contracts and they would likely be abrogated in bankruptcy here (though they haven't needed to file due to the largesse of the US gov't) I don't know what the implications are, however, vis-a-vis the location being London.  There are lots of moving parts here - anyone seen anything on this issue?</p>]]>
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            <id>tag:tpmcafe.talkingpointsmemo.com,2009://14.260374-comment:3399956</id>
		    <link rel="alternate" type="text/html" href="http://tpmcafe.talkingpointsmemo.com/2009/03/06/democratic_imcumbents_need_primary_challenges/#c3399956" />
		
		    <title>JDaSilvaJr Commented on Democratic Incumbents Need Primary Challenges by M.J. Rosenberg</title>
		        
			<published>2009-03-07T19:53:37Z</published>
			   <updated>2009-03-07T19:53:37Z</updated>
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		        <![CDATA[<p>This sounds like a great idea - unless of course you actually know something about running a campaign.  </p>

<p>I live in Connecticut - three years ago I watched two really good, dynamic, big (for CT) city mayors who would have made great governors tell me that primaries are good - that they energize people - that they get people involved early - that they motivate people - etc. - all sorts of things about them that were good.  </p>

<p>Guess what?  They had a primary - spent about $ 5,000,000.00 between the two of them - went right down to the wire - 1.5% between the winner and loser on primary night.  </p>

<p>The winner of course had no money for the general election and hadn't talked to anyone not a Democrat in months because of the primary.  General election 2006: <br />
(in a state where Dems now have veto proof majorities in both houses of the legislature, and became veto proof in the state house that year, now control all five Congressional seats and that year had Chris Murphy knock off a 24 year incumbent for the 5th Congressional district) </p>

<p>said primary winner went out and had Jodi Rell, a do nothing no vision train wreck if there has ever been one, beat him like a rented mule 65% to 35%.  </p>

<p>Sure primaries are a great thing - unless of course you are concerned with winning an election.  </p>

<p>primaries aren't always bad and they aren't always good - pick your battles wisely.  </p>]]>
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            <id>tag:tpmdc.talkingpointsmemo.com,2009://9075.258814-comment:3389513</id>
		    <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2009/02/minnesota-judges-strike-key-coleman-witness-after-failure-to-share-evidence.php#c3389513" />
		
		    <title>JDaSilvaJr Commented on Minnesota Judges Strike Key Coleman Witness, After Failure To Share Evidence by Eric Kleefeld</title>
		        
			<published>2009-02-26T12:36:32Z</published>
			   <updated>2009-02-26T12:36:32Z</updated>
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		        <![CDATA[<p>I too was a little surprised that they excluded the witness - I imagine the commenter above is right: they are finally just that aggravated with his attorneys that they have had it.  More importantly, I was kind of watching the hearing on TheUptake.org and it really seemed that this wasn't an oversight but a deliberate attempt at getting away with something.  I think had a lot to do with it.  </p>

<p>First they don't indicate that she made notes, they don't turn them over and then they coach her during a recess.  She hems and haws over the existence of the notes, won't id the computer file until just about forced to.  It all makes it appear intentional and no judge will ever let you get away with intentional nonsense like that.  </p>

<p>Last but not least: yes I agree they've been fairly relaxed with what they have let Coleman get away with - that said, and I think the preliminary rulings indicate where this is going, if they think they are going to rule for Franken then they are better off letting Coleman get in whatever he wants now, give him leeway and then there are few complaints that can be made later when he loses.  </p>]]>
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            <id>tag:tpmdc.talkingpointsmemo.com,2009://9075.258358-comment:3386827</id>
		    <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2009/02/minnesota-court-no-to-coleman-and-yesnomaybe-to-franken.php#c3386827" />
		
		    <title>JDaSilvaJr Commented on Minnesota Court: No To Coleman, And Yes/No/Maybe To Franken by Eric Kleefeld</title>
		        
			<published>2009-02-24T14:04:10Z</published>
			   <updated>2009-02-24T14:04:10Z</updated>
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		        <![CDATA[<p>One caution: don't make a big deal out of the court not granting summary judgment on any particular issue - summary judgment is difficult to obtain.  Essentially, as the court indicates in its exposition of the summary judgment standard set forth in its brief, in order to obtain summary judgment a party must show two things: first that there are no genuine issues of fact.  Essentially this means the court cannot make a decision between two facts - i.e. the court cannot now conclude that the missing ballots are in fact missing unless there is absolutely no question regarding this issue - it doesn't mean that Coleman has a prayer - it just means that the "fact" before it is subject to some kind of dispute, even a small or technical one is enough to prevent summary judgment.  The second criterion for summary judgment is that the moving party is entitled to judgment as a matter of law - in other words that the law entitles you, on these uncontested facts, to win without having to do anything more in the way of proof or establishment of facts.  This is exactly as difficult as it appears.  </p>

<p>Read the court's opinion.  If you are Franken or a supporter you should be very happy with the opinion.  You win parts of it and the parts that you didn't win had little to do with whether you will win.  Instead it had more to do with the fact that the "facts" actually before the court at the time it considered the motion were not sufficiently settled to permit you to prevail on what is ordinarily a difficult motion to win on.  That said win or lose, the tenor of the motion (as set forth in the main comment) is all sorts of in Franken's favor.  </p>

<p>Frankly, on the other hand if you are Coleman there is nothing in the opinion that helps you at all.  In fact, this opinion is kind of like really early writing on the wall that Coleman's case is about to go down in flames.  </p>]]>
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            <id>tag:tpmmuckraker.talkingpointsmemo.com,2009://12.256492-comment:3374144</id>
		    <link rel="alternate" type="text/html" href="http://tpmmuckraker.talkingpointsmemo.com/2009/02/lewis_yes_we_raised_interest_rate_on_credit_cards_1.php#c3374144" />
		
		    <title>JDaSilvaJr Commented on Lewis: Yes We Raised Interest Rate On Credit Cards -- After Taking Bailout Money by Zachary Roth</title>
		        
			<published>2009-02-12T12:57:09Z</published>
			   <updated>2009-02-12T12:57:09Z</updated>
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		        <![CDATA[<p>I have to agree with Liz - I don't think anyone understood her questions.  Frankly, I agree with Maxine Waters a lot more than I agree with anyone working at Citi or BoA.  That said,I watched the video twice and I don't frankly have any idea what she was talking about on a couple of occassions.  </p>]]>
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