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PostPosted: Thu Sep 12, 2013 5:41 pm 
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So, it's ok because he had it coming?


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PostPosted: Thu Sep 12, 2013 7:05 pm 
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Of course Midgen. He was wearing a short skirt.

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PostPosted: Thu Sep 12, 2013 7:15 pm 
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The United States is a radical experiment about a government that is beholden to its people, and has limited scope. At the time of the country's founding, throughout the world the prevailing notion was still very much that your government owned you, and for most of the world that attitude has not changed.

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PostPosted: Thu Sep 12, 2013 7:25 pm 
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Corolinth wrote:
The United States is a radical experiment about a government that is beholden to its people, and has limited scope. At the time of the country's founding, throughout the world the prevailing notion was still very much that your government owned you, and for most of the world that attitude has not changed.

When you are subject to government, you are a subject, not a citizen.

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PostPosted: Thu Sep 12, 2013 11:30 pm 
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RD and Xeq: Your attitudes on this matter are wholly ridiculous. I'd claim willfully so at this point since you're continuing to defend them.

RD: Anybody who gets pissed off because you MET A DEADLINE is a **** retard.

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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 8:03 am 
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RangerDave wrote:
I definitely agree that the original Commission finding was ridiculous and their attempt to go after Zucker personally strikes me as an obvious example of retaliation. That said, a few things in that article rubbed me the wrong way.

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On July 10, 2012, the Consumer Product Safety Commission instructed Maxfield & Oberton to file a "corrective-action plan" within two weeks or face an administrative suit related to Buckyballs' alleged safety defects....As for the corrective-action plan, it was submitted at 4 p.m. on the July 24 deadline. Yet the very next morning the commission filed an administrative lawsuit against Maxfield & Oberton, suggesting the company's plan was never seriously considered.

Sooo, you filed your response at 4 p.m. on the last possible day, and you're pissed that the Commission didn't then delay its own filing in order to spend more time considering your proposal? Please. Zucker and his attorney were obviously flipping the bird to the Commission by waiting until the last minute to file, and they got exactly that much respect and consideration in return.


Seriously? First of all, 2 weeks to prepare a document that will decide the future existence of your company is an incredibly short amount of time. Incredibly short. Second, if the document was done early (again, the document that would ultimately decide how you're going to spend a **** ton of money and maybe go out of business), it would not be submitted, it would be reviewed again. And again. And again, until it's either perfect or the deadline hits.

Further, a deadline is a deadline. You don't schedule action the day after a deadline if you intend to circulate and review the document.


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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 9:35 am 
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RangerDave wrote:
As someone who inevitably bumps up against deadlines myself, I sympathize with these sentiments, but unfortunately, that's just not how the world works in many cases. For routine informational filings, sure, as long as you get it in by the deadline you're fine. However, when you're submitting something to someone who has to then act on the basis of your submittal, waiting until the last minute often pisses them off and/or bites you in the ***. Repeatedly file things with a judge at the last minute, and pretty soon you'll be getting rebuked for dragging things out by a very annoyed judge.


I realize judges may get away with that sort of crap, but they shouldn't, and practically anywhere else if you turn something in by a deadline its on time. The deadline should be set so that whoever is the recipient has ample time to work from then on; if they don't it's A) their fault and B) unethical to treat that turn-in any differently from anything else. In the military, a suspense is a suspense. If you're 2 seconds late, you're late. 2 seconds early, you're on time.

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Submit a bid in response to an RFP on the last day of the bidding period, and you run the risk of not having your full proposal seriously considered unless your top-line number is clearly better than those submitted earlier. Wait until the last day of the cure period under your loan agreement to cure a default, and the lenders will be hounding you non-stop. And so on. Point is, I think Zucker and his attorney made a tactical error when they chose to file at the last minute, and it seems like they did it because they were pissed off about the whole thing. That just strikes me as a dumb move.


Except it wasn't aq "dumb move" at all; they took the alotted time. They should expect ethical behavior from government agencies, especially one that was under no particular urgency to do anything once their plan was turned in. It wasn't like there was some deadline the CPSC was up against to get this fixed other than deadlines of their own making.

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The fact that limited liability for corporate officers is arguably necessary in the modern economy doesn't negate the reality that it is, by definition, a statutory scheme that shields those officers from liability for their actions in most circumstances. Hell, the fact that I couldn't think of a way to write that sentence that didn't sound like a tautology kind of demonstrates the point! Statutes that limit the liability of corporate officers tend to, you know, limit their liability...statutorily. You don't think expressing strong support for a government rule that protects people from bearing the full legal consequences of their actions while at the same time strongly condemning "nanny-state excesses" that undermine "personal responsibility" - without even acknowledging the apparent inconsistency, let alone trying to justify it - is just a tad oblivious?


No, it's not oblivious at all, especially since it is not a "scheme" nor a "shield". You're using predjudicial language, which was very obvious from the tone of your earlier post on the subject. Furthermore, when people talk about personal responsibility, they are obviously not talking about actions taken when personal interests are in conflict with those of another entity the person has a fiduciary duty or other responsibility to. When a person acts as the agent or officer of another person or entity, their actions are not their own actions; they're taken on behalf of their principle. As long as their actions fall within the scope of their duties, are in good faith, and lawful, there is no personal responsibility. The actions essentially belong to the principle who has appointed the agent or officer. They have to bear the consequences.

People cannot expect to appoint agents to take actions on their behalf (or their corporation's) and then turn around and say "oh, well personal responsibility" when things go south. It is not hypocritical or oblivious to take this stance either; its entirely in keeping with the nature of the responsibility. The fact that people here didn't, in the past, go through this explanation when there was no bearing on the conversations in question isn't relevant.

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PostPosted: Fri Sep 13, 2013 10:05 am 
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Thanks others for taking the time. I just got agitated and stopped desiring to expound.

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PostPosted: Fri Sep 13, 2013 10:05 am 
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Clearly, by RD's logic, laywer-client privilege is a shield from personal accountability and liability. After all, the lawyer's basically complicit, right!?

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PostPosted: Fri Sep 13, 2013 10:07 am 
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:P That's just not fair, Kaffis.

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PostPosted: Fri Sep 13, 2013 10:27 am 
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I'll admit, it's a bit of a stretch. But it's similar, and I figured it might hit close enough to home for RD to be familiar with the good arguments *for*...

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PostPosted: Fri Sep 13, 2013 10:42 am 
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Sadly I've seen this same degenerative effect on thought process in almost every other person I've known who has gone to law school.

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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 11:06 am 
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RangerDave wrote:
The fact that limited liability for corporate officers is arguably necessary in the modern economy doesn't negate the reality that it is, by definition, a statutory scheme that shields those officers from liability for their actions in most circumstances. Hell, the fact that I couldn't think of a way to write that sentence that didn't sound like a tautology kind of demonstrates the point! Statutes that limit the liability of corporate officers tend to, you know, limit their liability...statutorily. You don't think expressing strong support for a government rule that protects people from bearing the full legal consequences of their actions while at the same time strongly condemning "nanny-state excesses" that undermine "personal responsibility" - without even acknowledging the apparent inconsistency, let alone trying to justify it - is just a tad oblivious?


Look, man. I'm an engineer. In my profession, I have many opportunities to make a mistake that could kill a lot of people. Moreover, at no time do I have enough data, budget, or even technical ability to know everything. I rely on other experts to give me data, the generation of which is outside my control.

In order for any project to move forward, I have to sort through the mess, make assumptions, and find a way to push forward. So I'm not starting from a great place.

The notion that I could/should be held personally liable for an error, mistake, or even bad decision is horrifying. It could cripple my industry.


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PostPosted: Fri Sep 13, 2013 1:31 pm 
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The fact of the matter is, it didn't really matter what that document said, or when it was submitted.

Anything short of a full product recall, and removal from the market was not going to be "acceptable"


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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 2:07 pm 
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Xequecal wrote:
Does Zucker have the right to do this? Sure he does. However, it looks like the CPSC also has the right to sue the **** out of him until he can proudly scribble "I was right" on the cardboard box they're going to leave him living out of. He handled this in a stupid manner and now he's paying the price for it.


Then they really need to ban all knives, power tools, electricity, automobiles, and all foods except baby food, really anything that would be dangerous for a child to possess/operate/play with.

Bucky Balls were no more for young children than pocket knives and handguns. So why are they considered more dangerous to sell?

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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 4:17 pm 
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Talya wrote:
Xequecal wrote:
Does Zucker have the right to do this? Sure he does. However, it looks like the CPSC also has the right to sue the **** out of him until he can proudly scribble "I was right" on the cardboard box they're going to leave him living out of. He handled this in a stupid manner and now he's paying the price for it.


Then they really need to ban all knives, power tools, electricity, automobiles, and all foods except baby food, really anything that would be dangerous for a child to possess/operate/play with.

Bucky Balls were no more for young children than pocket knives and handguns. So why are they considered more dangerous to sell?


Bathtubs.

Ladders.

Curbs.

Stairs.

Swimming pools.

Lakes.

The ocean.

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PostPosted: Fri Sep 13, 2013 6:49 pm 
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PostPosted: Fri Sep 13, 2013 6:54 pm 
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Seriously, I think we should execute the entire CPSC.

My chosen method of execution would be to lock them in a room with those oh-so-dangerous bucky balls.

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PostPosted: Fri Sep 13, 2013 9:34 pm 
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Well ****. Now I'm an associate of a known terrorist. Thanks a lot, Taly.

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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 10:21 pm 
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I think the CPSC would find it pretty hard to ban or sue the ocean.

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 Post subject: Re: More buckyballs
PostPosted: Fri Sep 13, 2013 10:39 pm 
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Diamondeye wrote:
I think the CPSC would find it pretty hard to ban or sue the ocean.


They would find a way!

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 Post subject: Re: More buckyballs
PostPosted: Sat Sep 14, 2013 12:02 pm 
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"You read that right: Mr. Zucker persuaded New Yorkers to pay for rebranded tap water."

And that's different from all the other bottled water companies... how?

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PostPosted: Sat Sep 14, 2013 7:56 pm 
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He was up front about it?

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 Post subject: Re: More buckyballs
PostPosted: Sun Sep 15, 2013 4:20 pm 
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Talya wrote:
Xequecal wrote:
Does Zucker have the right to do this? Sure he does. However, it looks like the CPSC also has the right to sue the **** out of him until he can proudly scribble "I was right" on the cardboard box they're going to leave him living out of. He handled this in a stupid manner and now he's paying the price for it.


Then they really need to ban all knives, power tools, electricity, automobiles, and all foods except baby food, really anything that would be dangerous for a child to possess/operate/play with.

Bucky Balls were no more for young children than pocket knives and handguns. So why are they considered more dangerous to sell?


Neither was Pan's Labyrinth. How many parents took their little kids to see that? Just like that movie was a "fairy tale" and obviously for children, buckyballs were still a "toy," and they looked like a child's toy, and that made a large percentage of parents automatically assume it's for children despite warnings on the box. "Keep this away from children" warnings are so ubiquitous on everything now that they have lost all meaning. My TV dinners have "keep away from children" warnings on them!

Like I said before, I also think it's awful and ridiculous that the CPSC is obviously making an example of this guy after he decided to respond to their initial complaint by mocking them. But seriously, he went out in public, and mocked and provoked an entity that has the ability to arbitrarily destroy him. It's utter stupidity no matter how you look at it.


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 Post subject: Re: More buckyballs
PostPosted: Sun Sep 15, 2013 10:08 pm 
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Xequecal wrote:
Like I said before, I also think it's awful and ridiculous that the CPSC is obviously making an example of this guy after he decided to respond to their initial complaint by mocking them. But seriously, he went out in public, and mocked and provoked an entity that has the ability to arbitrarily destroy him. It's utter stupidity tyrannical no matter how you look at it.


Corrected.

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