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Judge stops FTC from enforcing ban on non-compete agreements

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Re: Judge stops FTC from enforcing ban on non-compete agreements

#191

Earlier quoted context omitted.

It seems you are using the term career bureaucrat as a pejorative. Often, they have far more expertise in the subject than career politicians. In any event, large decisions like this are made by political appointees appointed by the president and confirmed by the Senate. With Chevron overturned, we are now allowing unelected career judges interpreting policy however they see fit. If we were still in a world where pre…

> Often, they have far more expertise in the subject than career politicians. This is not relevant to their right to legislate or assume duties that the constitution has delegated to congress.

It is relevant, because you require expertise to make rules. That seems fairly obvious to me but I suppose some segments of the political spectrum advocate blind rule making.

> delegated to congress

Right, and Congress has made that law, and that law says it's delegated to the FTC. What, Congress is simultaneously expected to make every single rule ever but they don't even have the rule making power to... delegate? That's too far? Seems absurd to me, almost intentionally insane with the end-goal of kneecapping rule making as a whole.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#192

Earlier quoted context omitted.

[flagged]

If the task at hand is to through a list 125 possible additives to baby food and ban the harmful ones, I would rather trust administrative state than congressmen, at least they aren’t going to be sellouts. Much of the job is boring, not glorious and not that complicated. Also, $800 million is not an impressive amount of money .Compare to cost of political mistakes

What makes a bureaucrat any less corrupt than a congressman, or the president who give orders to the bureaucrat?

Re: Judge stops FTC from enforcing ban on non-compete agreements

#193

Earlier quoted context omitted.

If the task at hand is to through a list 125 possible additives to baby food and ban the harmful ones, I would rather trust administrative state than congressmen, at least they aren’t going to be sellouts. Much of the job is boring, not glorious and not that complicated. Also, $800 million is not an impressive amount of money .Compare to cost of political mistakes

What makes a bureaucrat any less corrupt than a congressman, or the president who give orders to the bureaucrat?

Bribing a bureaucrat is a crime Bribing a politician is protected speech and campaign contribution. Sometimes even tax deductible?

Re: Judge stops FTC from enforcing ban on non-compete agreements

#194
post #164
post #56

I really think federal authorities should start ignoring rulings from Texan judges. The amount of corporate bankruptcy venue shopping alone should tell us the appointment process has corrupted the supposedly impartial nature of the judiciary there

Dear god. Do you understand what you're advocating for? You're advocating for literal lawlessness. For anarchy. For giving the government absolute power. Given that government abuses non-absolute power you can bet that when they get absolute power it'll take about a second to turn any country into Putin's Russia.

And you're saying that other states affected by these decisions should have no recourse for judicial activism that happens in some gerrymandered area that happened to get a judge appointed. The alternative to that isn't lawlessness, it's mitigating a vulnerability in the separation of powers, and I think our eye should be toward patching that vulnerability. We live in a very different world than the one in which this system was designed

Re: Judge stops FTC from enforcing ban on non-compete agreements

#195
post #155
post #56

I really think federal authorities should start ignoring rulings from Texan judges. The amount of corporate bankruptcy venue shopping alone should tell us the appointment process has corrupted the supposedly impartial nature of the judiciary there

It would be better if they put pressure on the Senate to act.

I agree, but the fact that a judge in Texas has the power to harm workers throughout the country while we wait for the government to act is a problem, and there's an asymmetry in how quickly a single judge can make a decision versus the entire apparatus of the federal government

Re: Judge stops FTC from enforcing ban on non-compete agreements

#196
post #41

Earlier quoted context omitted.

Technically the president who handles a lot of agency appointments and guidance is elected somewhat more democratically than the senate, who confirms federal judges. At least the electoral college roughly takes state population into account. The senate just assigns two senators to states with 580,000 people and then does the exact same for states with 38 million people.

Senators were designed as senior statesmen representing the interest of State Governments, and as a check against the popularly-elected Representatives in the House so that the smaller states could have a voice. That's why general public couldn't even vote for senators until the 17th amendment in 1913. I wonder from time to time the ramifications of turning Senators into basically super-representatives. I think it's…

You said that each state has equal importance to the union, right? So what would you say if California had a state vote and decided to split into 5 states. There would be states for the LA, Bay Area, San Diego, Sacramento, and a 5th state for all the other areas. California would gain 8 new senators just by dividing its boundaries, and it would probably all be the same political party.

Or the same for Wyoming. Why not Wyoming just declare that it is now 4 states and quadruple its representation?

See the problem here? This assignment of senators is arbitrary and has nothing to do with representing states. States aren’t people.

This system isn’t really designed with the incentives or guard rails to do what you say it does. There’s nothing that requires a senator to be this image of a dignified senior statesperson that represents the interests of the state in the way that the founders imagined.

Case in point: JD Vance became a senator with zero public service experience. He has no longstanding relationship with state congresspeople in Ohio.

The founders made the constitution in a time before our advanced financial and media landscape. It was also conceived at a time when states were barely even agreeing to be united into a single country. It was also made at a time before mass urbanization.

With all this context in mind I can’t really see what the Senate’s purpose is besides disenfranchising voters in larger states. Congress isn’t really there to make sure that smaller states are satisfied, it’s there to pass federal laws in areas where the federal government has authority over states.

It’s not even legally allowed for a state to secede. So why are the needs of arbitrary state boundaries more important than those of the people?

I would argue that the founders might have been wrong to decide that we need a check on the desires of voters. They were clearly wrong on the electoral college, which should just go away entirely or at least change to a more granular system like the states that split their electoral votes.

I would say that the best thing we could do is expand the House of Representatives to around 2,000 representatives and then eliminate the senate entirely. Or, perhaps, turn the senate into a subcommittee of more tenured representatives elected by members of the House of Representatives.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#197

Earlier quoted context omitted.

They aren't implied. They are physical documents presented and signed after the 'employment contract' has already began to be executed. Hell that 'employment contract' is at will 99% of the time, any party can end it at point for any reason, but that doesn't apply to the implied non-compete portion signed after employment? What? It's nonsense all the way down.

If you sign a non-compete clause in the context of employment, even at will employment, the continued employment can serve as consideration for the clause. It's not without consideration. If you sign a non-compete clause outside the context of employment, and there is no consideration for it, i.e. no continued employment or any other consideration, it's without consideration. Good luck with the novel legal theories i…

I'm telling you the emperor has no clothes.

Either way: Honest people would tell you the terms and conditions like that before asking about your price. Even if it's legal, its dishonest. "Whoops we accidently made as much duress as possible for you to sign our contract that we are just revealing now."

Re: Judge stops FTC from enforcing ban on non-compete agreements

#198

Earlier quoted context omitted.

You're using raw counts /of cities/ in a top ten list, when the actual leadership of cities is heavily skewed towards Dem mayors. I point out that this is similar to comparing raw counts instead of per-capita.

Thanks for clarifying your objection. Here is a list of the most violent US cities, reckoned per capita, without first selecting for being the most high crime cities in absolute terms: https://worldpopulationreview.com/us-city-rankings/most-viol... Here is the political affiliation of the city governments: 1. St. Louis, MO: Democrat 2. Detroit, MI: Democrat 3. Baltimore, MD: Democrat 4. Memphis, TN: Democrat 5. Littl…

Let v = high violence, d = dem mayor, r = republican mayor.

You seem to want to compare P(v|d) to P(v|r). We have little to no data for comparison because there are so few examples of cities with republican mayors. Those that exist are amongst the smaller American cities. This means you need to disentangle the effect of city size on violence rates from the effect of the mayor's party.

I repeat:

There are 10 Republican mayors amongst the 50 largest cities, and furthermore, these are heavily concentrated at the low end.

https://en.m.wikipedia.org/wiki/List_of_mayors_of_the_50_lar...

It turns out the relationship between crime and population is non linear, and that nonlinearity is also true outside of the US and it's political context.

https://crimesciencejournal.biomedcentral.com/articles/10.11...

So, what you're seeing is bigger cities with higher per capita rates due to the underlying relationship between population density and crime. It also happens to be the case that in the US, urban areas strongly prefer Democratic mayors.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#199
post #196

Earlier quoted context omitted.

Senators were designed as senior statesmen representing the interest of State Governments, and as a check against the popularly-elected Representatives in the House so that the smaller states could have a voice. That's why general public couldn't even vote for senators until the 17th amendment in 1913. I wonder from time to time the ramifications of turning Senators into basically super-representatives. I think it's…

You said that each state has equal importance to the union, right? So what would you say if California had a state vote and decided to split into 5 states. There would be states for the LA, Bay Area, San Diego, Sacramento, and a 5th state for all the other areas. California would gain 8 new senators just by dividing its boundaries, and it would probably all be the same political party. Or the same for Wyoming. Why no…

>Or the same for Wyoming. Why not Wyoming just declare that it is now 4 states and quadruple its representation?

So there's nothing stopping anyone from trying this, but admission into the Union requires the other States in the Union + POTUS to agree with you. And, I'd imagine if a coalition of states finds California splitting into 5 parts to be disadvantageous to the balance of power within the Union, they'd block it immediately.

We can see historical examples of this: the slow-rolling crisis of the mid 19th century of the expansion of states in the western territories. We can see modern examples of this: D.C and Puerto Rico not being granted statehood.

>There’s nothing that requires a senator to be this image of a dignified senior statesperson that represents the interests of the state in the way that the founders imagined.

I agree with you on this, and also, historically this was proven to be the case and why the 17th was ratified. And, I guess in a lot of ways, a popular election of the senator by the state's populace is just "state government appoints the senator" without the extra steps in-between.

But if we take this "popular election is just the old system without the extra steps" part, then:

>With all this context in mind I can’t really see what the Senate’s purpose is besides disenfranchising voters in larger states.

Couldn't it be said that it franchises [sic?] the popular vote of smaller states to protect them against larger states passing laws that directly benefit them?

>Congress isn’t really there to make sure that smaller states are satisfied, it’s there to pass federal laws in areas where the federal government has authority over states.

Yes, but how do we ensure that larger states don't start passing laws that directly take advantage of the smaller ones?

>So why are the needs of arbitrary state boundaries more important than those of the people?

>I would argue that the founders might have been wrong to decide that we need a check on the desires of voters. They were clearly wrong on the electoral college, which should just go away entirely or at least change to a more granular system like the states that split their electoral votes.

So this, I think, is purely a matter of political philosophy. The founders were seriously afraid of mob rule. They also saw statehood and state-identity as some sort of pseudo-ethnic identity. Are the state boundaries maybe a bit arbitrary? Perhaps in the very squarish mid-western states but the original 13 saw their state boundaries as being steeped in history and tradition. I think there is something else to be said about these identities becoming fluid at the borders of the states, central power in concentrated economic/population zones radiating outwards and coinciding with the strength of state-ethnic identity, etc. etc. More Holy Roman Empire than United Kingdom.

So I think perhaps this increasing call for national popular votes of the president, abolishment of the Senate, questioning statehood in general points to an increasing shift away from the idea that we're citizens of the USA as a function of being a "Virginian" or a "New Yorker" or a "Californian" (a slow, long rolling processes started in 1861) Mixed with increasing frustrations about larger states and metro areas feeling they're not properly represented.

And, forgive me, but I don't know if this sentiment is entirely correct. So I reserve my skepticism for switching to unicameral systems, to nationally elected POTUSes, to turning States into Provinces. Until I am convinced otherwise.

Edit: And I'm a Californian.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#200

Earlier quoted context omitted.

[flagged]

Republicans run on the platform of small government, but then what that basically means is deficient spend, line their own pockets, and then let democrats fix the issues, then blame the issues on the democrats. They have demonstrated this twice, and now are the laughing stock of the entire world as the big orange baby is leading the party off a cliff. Democrats are literally the only option left. They may not be opti…

You are inculcated and yet provide no hard evidence to convince me. Invert your position and consider, empathetically, that I feel just as strongly that Trump is the clear only option for this election cycle. What do you immediately feel when trying on that empathetic lens? Disgust? Anger? Emotion?

Or can you provide an unbiased, data-driven set of metrics from which you would base a decision?

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