3d DCA Watch -- Good Luck With the Florida Legislature!

I don't know what I'm more happy about -- that the Beatles are finally on iTunes, or that the turning-children-into-compliant-consumers processing machine otherwise known as Wannado City is finally gone (via SFDB)

I already own all the Beatles records, so I'm going with Wannadon't City.

Let's see what tasty legal morsels the bunker denizens have prepared for us this week:

Markham v. FUAC:

This is a classic hold-your-nose opinion from the 3d, in which a manifest miscarriage of justice occurs to a hapless (now unemployed) citizen, but legal "technicalities" require that he be totally shafted out of unemployment benefits.

From Judge Salter's sympathetic concurrence:

This is another unemployment compensation benefits case in which the employer wins on a technicality and the former employee is denied even the meager safety net provided by law to cushion the trauma of unemployment. While I am obligated to concur in affirming the Commission’s order finding Mr. Markham’s appeal untimely, I write to identify a recurring problem that merits attention by the Legislature and the Agency for Workforce Innovation. That problem is the “short fuse” on procedural defaults applicable to appeals to the Agency.

Judge Ramirez is even more pointed:

Thus, Oak Construction Co., Inc. saved itself the additional unemployment taxes it may have incurred, and can discharge Mr. Markham with impunity. This in the midst of an economic recession and Mr. Markham’s inability to receive any assistance from the Agency for Workforce Innovation. We are powerless to redress this grave injustice.

 While the good Judges' hearts are (as always) in the right place, I'm not so sure the legislature is going to fix this injustice anytime soon.

From today's Herald:

Haridopolos, a college professor, used his opening remarks to set the tone for what he has pledged will be the most conservative Senate in more than 100 years.....Haridopolos warned: ``If your piece of legislation raises a tax, makes it easier to file a lawsuit against a fellow Floridian or increases red tape, then I don't like your chances.''

Looks like you'll have to keep holding your noses a while longer, your honors.

Why Can't We Be Friends?

This was exactly what I was going to say, but as usual Markus beat me to it:

“This seems out of proportion to what really is occurring. I suspect the rules are being made by people who don’t understand the computer era.”

The notion that being a "friend" to someone on Facebook could, in the words of the committee, "convey the impression that they are in a special position to influence the judge" is just utter asshattery.

Let me give you an example.

I'm pretty sure all lawyers, living or dead, are "friends" with ubiquitous Facebooker David Barrett.

I have no idea who David is, but given his endless stream of useless and pointless promotional activity, if I ever do meet him I plan to punch him square in the face.

See how that works, honorable Bar committee?

It's a classic example of (1) coming too late to a perceived problem; (2) not understanding the fluid dynamics of a new technology; (3) using an old paradigm to address a perceived problem that has already transformed itself in a way that resolves the problem you thought you were addressing; and (4) "fixing" the now-outdated perceived problem in the entirely wrong way.

It reminds me of how they burned Beatles records because John said they were bigger than Jesus Christ.

You just don't get it, do you?