The lineup is intended to spotlight party moderates while underlining a central theme of the Republican gathering: President Bush's response to the Sept. 11 attacks.

 I just published a new law review article with the Seattle University Law Review entitled: Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity? The article can be downloaded here: https://digitalcommons.law.seattleu.edu/sulr/vol47/iss4/7/. Here is the abstract:

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. More importantly, the Roberts court paved the way for more expansive diversity-based admissions programs by permitting institutions to value individual racial experiences, which authentically further an institution’s mission and interests. After SFFA, the use of race as a factor could well face time limits. Contrastingly, individualized racial experiences may benefit college applicants at institutions that embrace diversity in an authentic way without facing any time limitation. Further, institutions with distinct missions may value diversity in a race-conscious way but without any racial preference. In sum, the Roberts Court guides the use of race in college admissions toward a race-neutral, diversity-based paradigm such that institutions may still unlock the empirically proven benefits of cultural diversity with only de minimus interference from the courts. This approach rests upon a powerful policy basis that leads to superior innovation, macroeconomic outcomes, social cohesion and, therefore, superior national security for the United States. This approach thus could support a powerful interest convergence.

The article shows that Supreme Court did not overrule its prior affirmative action precedents, and in fact paved the way for universities to embrace cultural and cognitive diversity to enrich their educational missions. This is important because the case has been widely misconstrued.

My next article will extend the Court's holding to corporate DEI efforts and demonstrate that such efforts are not only remain lawful but also essential to rational human resources management.

 On March 11, 2024, Donald Trump claimed that cutting Social Security and Medicare could help him cut the national debt tremendously. (See video above). On March 22, 2024, the House GOP announced cuts including a plan to raise the retirement age. This was the second straight year that the House GOP proposed a budget with deep Social Security and Medicare cuts. Trump started promising cuts to Social Security and Medicare in his second term before some audiences as early as January of 2020.  At a Fox News Town Hall in March of 2020, again promised to cut Social Security and Medicare.

All of this talk of cuts forms the prelude to last Thursday's debate which included a question about cuts to Social Security and Medicare. Biden gave a straight-forward answer saying that no cuts are necessary if we raise the Social Security tax to the same level for all. Currently, those making high incomes pay much lower rates than those making low incomes. As President Biden explained at the debate:

Right now, everybody making under $170,000 pays 6 percent of their income, of their paycheck, every single time they get a paycheck, [But] millionaires pay 1 percent – 1 percent. So . . . I would not raise the cost of Social Security for anybody under $400,000. After that, I begin to make the wealthy begin to pay their fair share, by increasing from 1 percent beyond, to be able to guarantee the program for life.

That provides a sensible and efficient means of securing Social Security. And, Biden never varies from that position.

Trump on the other hand, takes different positions with different audiences and covers the full spectrum of options. According to NBC News:

An NBC News examination found that Trump's views have zigzagged over the years — from calling Social Security a “Ponzi scheme” in 2000 to endorsing then-Rep. Paul Ryan’s plans to restructure Medicare in 2012 to positioning himself as the protector of those programs in 2016 to taking aim at some retirement spending in his White House budgets (which never became law).

Essentially we know Trump is lying because of his radically divergent positions over time. In fact, in 2016 he promised to preserve Social Security and Medicare, and then in his budgets he proposed cuts.

 In recent months, Trump opened the way for Social Security and Medicare cuts and refuses to disclaim the GOP plan to cut those programs as, shown above. Which brings us to the his debate comments in response to a question about entitlement cuts. While Biden gave a simple and clear statement of how he intends to save Social Security and Medicare, Trump attacked Biden's honesty and switched the topic to immigration, Russia, Ukraine, a mysterious laptop, the VA, and luxury hotels. Trump was incoherent. Remarkably, he never addressed his recent comments about Social Security and Medicare cuts, nor the GOP plan to cut Social Security and Medicare. Trump provided no explanation of his prior budget proposals including Social Security and Medicare cuts.  As stated in the Washington Post: "Protecting Social Security . . . was also a major theme of Trump’s 2016 campaign. His avowed stance, however, is at odds with Trump’s own record as president: Each of his White House budget proposals included cuts to Social Security and Medicare programs."

Trump has staked out so many positions on Social Security that no matter what he says he lies. The only thing we know for sure about Trump and entitlements is that despite campaign promises to the contrary he included Social Security and Medicare cuts in each of his annual budget proposals as President. Given the GOP commitment to cutting Social Security and Medicare a vote for any GOP candidate is a vote to slash your Social Security and Medicare benefits by about 30 percent. If Trump gets elected the GOP will have a clear path to gutting Social Security and Medicare as he promised to do in a second term in 2020, and regardless of any lies or gibberish he feeds the voters today. 

While the core of the case remains unchanged with the four original charges intact, the revised indictment refines the scope of the accusations. Notably, it excludes certain claims, such as those involving attempts to use the Justice Department to support Trump’s false election fraud allegations.

This case will not go away absent an order to Jack Smith that he desist from prosecution. That will not happen unless Donald Trump assumes the Presidency. On the other hand, Trump will likely move to dismiss the Superseding Indictment and the trial judge could well partially grant that motion. Whatever remains of this case will very likely go to trial well after election day on November 5, 2024, and even if a jury convicts Trump litigation will continue about the scope of Presidential immunity leading to further Supreme Court review.

But what about the other criminal cases against Donald Trump?

In one criminal action brought in  Florida federal court, Special Counsel Jack Smith filed an appeal with the Eleventh Circuit Court of Appeals of the dismissal of all charges relating to Trump's alleged pilfering and mishandling of government documents including classified documents. Judge Aileen Cannon ruled that Smith's appointment as Special Prosecutor did not comply with law.  Special Counsel Smith just filed an appellate brief and Trump will file a response; but, this appeal will not conclude before the election and any decision will then face Supreme Court review. Consequently, the election could well decide this matter instead of a jury.

In another criminal action in New York state court, a jury Trump helped pick from his native state, unanimously found Trump guilty of all 34 felony counts alleged against him. Trump's guilt rested on evidence beyond a reasonable doubt. According to Politico:

On May 30, 2024, Trump became the first U.S. president to become a convicted felon. After a six-week trial . . . he was found guilty of falsifying business records in connection with a payoff to Stormy Daniels, a porn star who claimed she had a sexual encounter with him. By buying Daniels’ silence, the payoff avoided a possible sex scandal in the final weeks of the 2016 presidential campaign. Michael Cohen, Trump’s personal attorney and “fixer” at the time, sent the $130,000 hush-money payment to Daniels in October 2016, and then, while Trump was president, he reimbursed Cohen in a series of installments processed by Trump’s company. A unamimous 12-person jury found that Trump fraudulently disguised those installments as corporate legal expenses in violation of New York law.

In short, Trump defrauded voters in election 2016 by covering up his adulterous affair with a porn star. 

Currently, Judge Juan Merchan will rule on the impact of the Supreme Court's new-fangled immunity defense on September 16, 2024, and will sentence Trump for these felony convictions for these 34 felony convictions on September 18, 2024. Experts disagree on the likelihood of prison for these felonies.

Trump also faces felony charges in Georgia for alleged criminal efforts to change the outcome of election 2020 in Georgia. As stated at Politico:

Trump’s efforts to overturn his loss in the 2020 election were perhaps most aggressive in the state of Georgia. Multiple recounts confirmed that Joe Biden narrowly prevailed in the race for the state’s 16 electoral votes. But Trump and his allies spread lies about voter fraud, urged Georgia officials and state lawmakers to reverse Biden’s win and plotted to send fake electors to Washington. On Jan. 2, 2021, Trump called Georgia’s secretary of state, Brad Raffensperger, and urged him to “find” 11,780 votes — the number needed to overcome Biden’s victory. Fulton County District Attorney Fani Willis charged Trump and 18 of his allies for these efforts, alleging a wide-ranging criminal enterprise.

Essentially Trump refused to accept the reality of his defeat in Georgia and allegedly resorted to criminal measures to change the outcome. Trump filed an appeal arguing that District Attorney Fani Willis should be removed due to a a romantic relationship with a special prosecutor. Willis' team filed an appeal of a dismissal order of six counts of the indictment. Trump also filed a motion asserting Presidential Immunity. Consequently, this criminal action is hopelessly stalled and will not be resolved for years.

The above summary of the criminal actions pending against Trump suggests the following:

1)    Somewhere American law went wrong. The people no long hold sufficient confidence in the fairness and impartiality of our system of justice. Otherwise, Trump supporters would not so readily fall prey to the Big Lie that all these criminal proceedings arise from a vast Democratic and deep state conspiracy to get Trump. No evidence supports this Big Lie. We need to rebuild confidence in the American criminal justice system.

2)    The rule of law in America failed to hold President Trump accountable for the wrongdoing in connection with contesting the election of 2020, and especially the Insurrection of January 6, 2020. Many others sit in jail. Still more pleaded guilty. There is little doubt Trump led those efforts. He did so openly on television, and in recorded phone calls. Yet, Trump suffered no adverse legal consequences for his role. This failure of the rule of law must lead to reform. Citizens must view criminal justice as fair and non-partisan. It also needs to apply swiftly, even to the rich and powerful.

3)    We need enhanced legal education in primary and secondary schools as well as at the college level. The judicial power in the US is highly fragmented. The split starts with 51 differing sovereigns each with a largely independent judicial power. Yet, many apparently believe that Joe Biden or the Democratic Party holds the ability to influence the independent judicial branch across jurisdictions. This, despite a complete lack of evidence of any improper influence. We should certainly reinforce the independence of the judicial power while simultaneously increasing transparency and accountability. At the same time citizens require more education regarding the structure and protections already in place to maintain a fair and non-partisan criminal justice system.

4)    A Trump victory at the polls will destroy the quest for a fair and non-partisan criminal justice for decades to come, as he has promised to eliminate independence in criminal enforcement at the federal level and to use the system to exact retribution and revenge upon his political opponents. 

Lightworks is a free, Hollywood grade video editor, but while cheap and very powerful it can take a bit of getting used to for the first time user.

The post Getting to Grips with the Lightworks Video Editor appeared first on Richard Farrar.

SEVEN gold, three silver and two bronze — the Campbelltown Collegians Athletics Club cleaned up at the NSW Little Athletics state relays over the weekend.

THE NRL draw was released yesterday, revealing Campbelltown Stadium has secured matches against two NSW teams in its annual four regular season matches.

The Sydney South West Zone Little Athletics Championships showed the best the area has to offer in junior competition over the weekend.

After damaging his spinal cord, James Gribble decided it was time the golf industry included people of all abilities with North Turramurra Golf Course getting on board.

SPEED golf is a sport where you run between holes, trying to finish as quickly as possible yet shoot a low score. Wahroonga couple Roddy Main and Carole Whitehouse competed in the World Championships.

They are the first all boys school to take out the NSW mountain biking title — but now they have set their sights on winning at Nationals.

Meet the talented 18-year-old Gordon District Cricket Club opener and NSW U19 representative with the winning combo of talent and a great attitude.

BETTING agency Sportsbet has predicted Macarthur to be the only western Sydney seat expected to change hands after Saturday’s Federal Election.

Macquarie Fields police are seeking information from the public after a teenage girl, 13, was approached by a man while she walked to school.

CAMPBELLTOWN Mayor Paul Hawker says he envisages a decked carpark for Park Central to alleviate the inadequate parking madness residents have reported within the suburb.

A massive new firefighter training college will be built at Erskine Park on Mamre Road.

Malcolm Turnbull’s government has today announced new funding of $600,000 towards a radical “ice bed” pilot program in Sydney’s west.

Australia’s largest Islamic School has been saved for another term after Federal Government officials agreed to hand over more than $5 million in an 11th hour funding move.

Cricketer Ethan Jamieson is only 12, but he is already spoiled for choice — with both St George and Sydney University Green Shield sides chasing him.

PLANS to build a commuter car park at the old bus depot in Carlingford could be scrapped in favour of developing seniors housing or residential flats.

TWO towers up to 20 storeys tall could be built in Castle Hill, next to the heritage listed Garthowen House.

PERHAPS the most pleasing thing about the differences between the older picture of Newport Beach and the one taken this week is how few there are.

POLICE seized nearly 1000 cannabis plants in two simultaneous raids at industrial premises at Brookvale and Cromer this morning with six men taken into custody over the $3m haul.

Meet the 22-year-old who has been named the top lifesaver on the northern beaches - and she is putting the call out for more women and young people to pursue leadership roles within the movement.

The Penrith Panthers celebrated their 50th season gala dinner with the induction of four revered Panthers into the Panthers Hall of Fame.

HE jumped off a building on the end of a sling, clambered up a 10m-high zip line in high winds, pounded up and down sand dunes, capsized in a canoe — NRL Rookie David Andjelic loved it.

THE GWS Giants AFL club have one of the most multicultural fan bases in Australia — and they want you to join their honour guard in the AFL’s multicultural round.

Football is in Kosta Grozos’ blood. The 15-year-old Kingsgrove footballer has been playing for about two thirds of his life and has no desire to stop any time soon.

"Feedback is a gift…" or so they say. But are your gifts useful, or are they more like the third pair of socks you get at Christmas? Delivering…

Virologist Beata Halassy says self-treatment worked and was a positive experience — but researchers warn that it is not something others should try.

Republican is inaugurating a new era in US politics and perhaps for the world as a whole

"The emails provide deeper insight into the agency’s use of Locate X, a powerful surveillance capability that allows law enforcement officials to follow a phone, and person’s, precise movements over time at the click of a mouse." "Locate X is made by a company called Babel Street."

CONFIRMED: LLMs have indeed reached a point of diminishing returns https://ift.tt/e4hKjQ7 ai, llms, trends, investment

The Democratic Party should jettison its consultant class and move toward a local-membership model that would help to rejuvenate civic life across the country. via Pocket