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ameister14 commented on The worst possible antitrust outcome   pluralistic.net/2025/09/0... · Posted by u/leotravis10
rayiner · 6 months ago
> The racist, segregation-forever southern Democrats, who as powerful committee chairs had blocked civil-rights legislation for decades — mostly died off or became Republicans in the 1970s and 1980s thanks to the GOP's "Southern Strategy."

Why would racists mad about Democrats supporting the Civil Rights Act of 1964 respond by switching to the party that had pushed through every other Civil Rights Act before it? Of course, they didn't. Of the 21 Democrat Senators who had opposed the Civil Rights Act, just one became a Republican.

The landslide GOP wins in 1972, 1980, 1984, and 1988 obscure subsequent trends, but in 1976, Carter still won the usual southern states. Even in 1980, a generation after the Civil Rights Act of 1964, Reagan won New York by a larger margin than he won Alabama and South Carolina.

Southern realignment was driven by economic development. The south voted democrat in 1950 for the same reason black people did: because they were poor and Democrats were the New Deal party. In 1950 Illinois's pre capita income was double that of Alabama: https://fred.stlouisfed.org/release/tables?eid=257197&od=195.... Staring in the 1960s, the south experienced rapid urbanization and economic development (the "New South"). The south's competitive advantage against the north was lower taxes, lower regulation, and Right to Work laws--all Republican policies. By 1990, Illinois's per capita income was only 33% higher than Alabama.

This is clearer by looking at Virginia--the Capital of the Confederacy. Virginia was part of the Solid South in the early 20th century. It voted for FDR by more than double the national margin in 1944. But by 1960, Virginia was pretty reliably Republican, voting for Nixon in 1960 over JFK (even though JFK won deep south states like Georgia by 25 points). You can't explain Virginia's flip by pointing to racial politics. The reason it flipped was because Virginia industrialized earlier than the other southern states. In 1950, Virginia's per-capita income was already halfway between Alabama and Illinois. In 1970, Illinois was only 10% ahead of Virginia, but was still 50% ahead of Alabama. The other southern states followed the same GOP shift, they just did so decades later because their economies industrialized decades after Virginia's.

The "southern strategy" narrative is a tremendous example of white people's gullibility when it comes to race issues. It's based almost entirely on one 1981 interview with Lee Atwater, who didn't even work on the Nixon campaign, or on Reagan's 1980 campaign. And it's based on a premise that's simply absurd if you think about it for a minute. The south flocked to republicans in the 1980s to punish democrats for a law that Democrats had voted for in 1964 (but which Republicans had voted for by an even larger margin)--nevermind the fact that, during this time, the south built an economy on siphoning jobs from blue states through business-friendly GOP policies. Also ignore the fact that the major issue in the 1970s and 1980s when all this was happening was the threat of the communist, atheist Soviet Union, where southerners naturally fit into the GOP bloc.

ameister14 · 6 months ago
While I generally agree with your foundation of the political switch, I just want to point out that elections in the 1970's through 1990's were still very regional. Southern candidates tended to do well in the South against candidates from California or the North, despite policy differences that would seem to strike the other way. The JFK/Nixon election was much more of an urbanization/rural divide as both candidates were from away.

Carter being a Georgia peanut farmer made a huge difference in GA, AL, and SC voting in the 1976 and 1980 elections. You have to remember, he was the first deep south president since the civil war - white voters especially really cared about that. He was just also a disaster of a president, which is a big reason he lost anyway.

ameister14 commented on The worst possible antitrust outcome   pluralistic.net/2025/09/0... · Posted by u/leotravis10
rayiner · 6 months ago
The current state of antitrust law expands far beyond Bork and conservatives. I’d be surprised if any of the top antitrust scholars are conservatives: https://leiterlawschool.typepad.com/leiter/2021/10/10-most-c...
ameister14 · 6 months ago
I'm not saying current political conservatives are the cause, Bork was hugely influential beyond traditional conservative circles, particularly in antitrust law.

If you read Bork's work, especially The Antitrust Paradox, and if you study the caselaw prior to and post 1970's, you'll see a stark difference.

It was really a conservative idea at that point but I'd say it's more neoliberal, which has a strong backing in the democratic party and has for decades, beginning with Carter.

The per se analysis and application, particularly, is just massively different from the pre-Bork era. He's the single largest reason that the three main elements of cost, quality, and quantity as a standard for antitrust analysis has eventually boiled down almost entirely to cost, partially because it's so much easier to measure but also because he advocated for it as a mechanism to measure business efficiency.

One of the big problems of this is the change in fundamentals since Bork was writing in the 70's, particularly with union membership declining so heavily. He was countering a very strong and powerful union system and factored that into his analysis, and we just don't have that in the private sector any longer.

I've been working on a paper for a while about theoretically adding in wage and labor market analysis into the mix, particularly with monopoly and monopsony situations, but it's kinda stalled since I've been clerking.

Honestly, read the guy's book and read some cases if you're interested. You'll see it fairly quickly.

ameister14 commented on The worst possible antitrust outcome   pluralistic.net/2025/09/0... · Posted by u/leotravis10
rayiner · 6 months ago
I can’t think of a single legitimate reason why Google should be allowed to pay Apple to use its search engine. Google is using the proceeds of its monopoly to exclude competition to maintain its monopoly. How is that norm per se antitrust violation? (That said, I’m not an antitrust lawyer and find it quite unintuitive, lol.)
ameister14 · 6 months ago
Basically it should be illegal per se but since the 70's the Court has really limited how they apply that and so courts generally prefer to do a competitive analysis/quick look first. In this case, the argument might be that since the cost to consumer doesn't increase, it isn't a naked price fix so it's not per se illegal.

As I learned it, since BMI & ASCAP v. CBS, in 1979, it's essentially been that the per se rule is applied when the courts have enough experience with an accused restraint to know that it is so plainly anticompetitive, and so often lacks any redeeming virtue, that further inquiry in any given case is almost certainly wasted effort

Bork and his acolytes really screwed us, basically, turning a half-baked understanding of economics into a justification to ignore legislation and 60+ years of jurisprudence, and that's carried the day since.

ameister14 commented on Roman dodecahedron: 12-sided object has baffled archaeologists for centuries   livescience.com/archaeolo... · Posted by u/bookofjoe
NHQ · 8 months ago
This is a solved case, they were used for textiles. But to admit this would break history, so instead it is constantly rattled academically. Put one next to the Voynich Manuscript in the Museum or Jurassic Technology.

The cause behind this narrative hustle is the industrial historical arrogation which teaches that knitting was not invented until 1000 years after "The Romans". They had textiles, weaving, but no knitting.

This is early mere patent protection during the capitol rush of industrialism, claiming devices which were not actually invented as pretended, and therefor should have no claim to copyrights. The cotton gin was not invented in 1793.

Moreover it is a supremely ignorant and abstract notion, showing how detached academia is from reality. Anybody with time on their hands and some vines may invent weaving, knotting, knitting, and with metal slivers many ways to make pins. There has never been a people without this technology.

ameister14 · 8 months ago
The cotton gin was not invented in 1793, but the claim wasn't a narrative hustle.

The short staple cotton gin was invented in 1793.

ameister14 commented on CVE program faces swift end after DHS fails to renew contract [updated]   csoonline.com/article/396... · Posted by u/healsdata
FirmwareBurner · a year ago
They do where I live, but those are drops in the bucket compared to the industrial scale theft(wealth transfer) the central government operates.
ameister14 · a year ago
Well, in the United States it doesn't make the news.
ameister14 commented on Show HN: I made a free tool that analyzes SEC filings and posts detailed reports   signalbloom.ai/news/... · Posted by u/GodelNumbering
martinbaun · a year ago
Unpopular opinion here... If you tread carefully you'll most likely not succeed. I am not American and I know you guys like to sue eachother for putting cats in microwaves and stuff so maybe this is not great opinion to have in America at the current moment.

I would go for it and put a disclaimer, or I would just incorporate in a country where there's no issues with these things.

all this is hard of course to provide good value, but worthwhile.

Twitters' cost is insane right now, I had quite a few ideas for twitter integrations but they would easily cost thousands per month just to access their API.

I looked into https://github.com/d60/twikit - might not be suitable but you can definitely play around with it. Just don't use your official account as I got shadow banned using it unfortunately.

ameister14 · a year ago
>Unpopular opinion here... If you tread carefully you'll most likely not succeed. I am not American and I know you guys like to sue eachother for putting cats in microwaves and stuff so maybe this is not great opinion to have in America at the current moment.

It's not actually about personal suits, financial advice may fall into financial services regulations and that's regulated by the government of the US, EU, etc. so wherever the company is registered may have issues in addition to the potential of the regulations applying to the individual and not shielded by the company.

ameister14 commented on White House may seek binding control over Columbia through consent decree   theguardian.com/us-news/2... · Posted by u/howard941
jmyeet · a year ago
I'm aware that Khalil's case involves the McCarthyesque Immigration and Nationality Act because he's a lawful permanent resident where non-citizens are being processed under things like the Alien Enemies Act. Let's not get lost in the weeds here.

> So this is an interesting legal question because non-citizens definitely do not have complete free speech protections

All persons on American soil are entitled to constitutional protections [1].

Consider the implications if they're not entitled to due process, for example. The government could detain a citizen and deport them without a hearing to a foreign country and then, when told to return them by a court, claim they have no jurisdiction over that foreign country. The administration is actually using the last argument.

You might say "they can't deport citizens". They are in effect arguing they can and there's no remedy for you if you're mistakenly deported, possibly indefinitely detained.

That's what due process is for: to establish if there is a lawful basis for the deportation.

[1]: https://firstamendment.mtsu.edu/article/aliens/

ameister14 · a year ago
>I'm aware that Khalil's case involves the McCarthyesque Immigration and Nationality Act because he's a lawful permanent resident where non-citizens are being processed under things like the Alien Enemies Act. Let's not get lost in the weeds here

That's not why. Both are non-citizens. The reason the different laws are being applied matters, because they are totally different legal fights, taking place for different social and political reasons.

>All persons on American soil are entitled to constitutional protections [1]

Some, but not to the same extent as citizens where speech is concerned. For example, foreign nationals are not allowed to spend money to directly support a candidate for elected office, though they may spend to influence an issue. Cf Bluman v. FEC with Citizens United.

It's a matter of degrees, and certainly is impacted by immigrant status and ties to the United States. From a free speech issue and where concerning the speech I have heard from him, I think it's clear that Khalil should not be subject to any kind of government restriction or punishment. That said, it seems likely that he may be deported for other reasons.

I don't disagree with you re due process at all.

ameister14 commented on White House may seek binding control over Columbia through consent decree   theguardian.com/us-news/2... · Posted by u/howard941
ncallaway · a year ago
What was the regulation that Columbia was alleged to have violated?
ameister14 · a year ago
Title VI of the Civil Rights Act.
ameister14 commented on White House may seek binding control over Columbia through consent decree   theguardian.com/us-news/2... · Posted by u/howard941
jmyeet · a year ago
Mahmoud Khalil hasn't been deported (yet) but he was absolutely black-bagged and sent to Lousiana pending deportation, despite being a lawful permanent resident and not being accused of any criminal conduct [1]. His crime? Involvement in pro-Palestinian protests [2].

You are correct that, to the best of our knowledge, no pro-Palestinian protestor has thus far been deported to El Salvador.

The precedent here is what's important, meaning the government is arguing that they have the right to deport anyone they want for pretty much any reason and put them in a foreign prison indefinitely.

The legal justification for all this is an over 200 year old law called the Alien and Seditions Act and a declared state of emergency and invasion/incursion by a Venezuelan gang, something which has gotten at least some support from the Supreme Court [3].

Secretary of State Marco Rubio has basically come out and said that Khalil is being deported for his views. If these people don't have rights to free speech and due process then nobody does.

[1]: https://apnews.com/article/mahmoud-khalil-columbia-universit...

[2]: https://www.axios.com/2025/03/09/ice-arrests-palestinian-act...

[3]: https://www.livenowfox.com/news/supreme-court-lifts-order-bl...

ameister14 · a year ago
Technically at the time of the arrest he was accused of criminal conduct, but not charged with criminal conduct. I believe he is still within the legally required timeline to be charged with criminal conduct, though he may be subject to deportation without such charges, we'll see.

Your second and third point is confused. The foundation for the government's belief they can deport Khalil is not the Alien Enemies Act (which is what I assume you mean, as there is no Alien and Seditions Act-the term "Alien and Seditions Acts" refers to four separate acts, one of which is the Alien Enemies Act), it's the Immigration and Nationality Act, the same basis Trump tried to use for Executive Order 13769. More specifically, I think they're using 8 U.S.C. § 1227(a)(4)(C)(i).

That said, the government is absolutely using the Alien Enemies Act to round up people and send them to El Salvador.

>If these people don't have rights to free speech and due process then nobody does.

So this is an interesting legal question because non-citizens definitely do not have complete free speech protections, but the border of where their speech is protected vs unprotected is not entirely clear. It's not true that if they don't, nobody does - it is absolutely clear that citizens of the United States do have rights to free speech and due process. That has been established many times.

ameister14 commented on Feds arrest man for sharing DVD rip of Spider-Man movie with millions online   arstechnica.com/tech-poli... · Posted by u/ndsipa_pomu
aydyn · a year ago
What you are saying is inherently contradictory. The "physical disc" is comprised of tiny peaks and valleys. If I "own the disc" why can I not do whatever I want with those peaks and valleys?
ameister14 · a year ago
Ownership is classically a combination of a bundle of rights. You have most of those rights, but you do not have all of them.

u/ameister14

KarmaCake day3566September 14, 2012View Original