Peter Hurley

@phrly

Just some law talking guy

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Peter Hurley@phrly· 20d

It is sent.

A screenshot showing a check payment to Kathryn Tewson for $5.

Peter Hurley@phrly· 29d

I remember seeing a museum exhibit in Sapporo at the old courthouse where they had a graphic where you see case outcomes and acquittal was in the "other (less than 0.2%)" category.

A pie chart of case outcomes in Japan showing 78.5% fines, 20.7% imprisonment, 0.6% detention/fine, and 0.2% "Other" which includes both death penalty and acquittal.

Peter Hurley@phrly· Jun 30

I got the true neutral

Peter Hurley@phrly· Jun 27

Cross section of what remained after it was descended upon

The remaining pizza seen from the side showing the dough structure.

Peter Hurley@phrly· Jun 27

Not enough seafood for Shrimp Discourse (TM) but I present this evening's focaccia pizza dinner.

A focaccia pizza with pesto, pepperoni, tomatoes, and Parmesan cheese

Peter Hurley@phrly· Jun 22

Arguably negligent, but I really can't make out that being reckless. Recklessness is a high bar. It requires that the person *knew* of a substantial risk to life that no reasonable person would disregard. Here's an example definition from NY law:

"Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk
that such result will occur or that such circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person
would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts
recklessly with respect thereto.

Peter Hurley@phrly· May 21

Just had a look - absolute mfg employment peaked in 1979. So it really has been ~47 years where the overall footprint of industry in the US is shrinking. I don't think datacenters are especially awful industry. We just have lost collective memory of what expanding industry looks like.

Chart from FRED showing all employees in manufacturing in the United States. The highest point on the graph is in 1979.

Peter Hurley@phrly· May 21

The Bundesrat isn't that symmetric. The Bundestag can override them on many categories of legislation. Per Wikipedia:

If a proposed law directly affects the states or if they would have to participate in its enforcement, it is called an "approval bill": The Bundesrat must approve such a bill by a majority vote in order for it to become a law.
If the stated condition is not met, one speaks of an "objection bill": Such a bill becomes a law if the Bundesrat does not object to it within 14 days. However, the Bundestag can overrule the objection with a majority of its members (Chancellor majority). If the Bundesrat lodges an objection with a two-thirds majority, the Bundestag can only overrule it with a two-thirds majority.

Peter Hurley@phrly· Apr 25

Does the statute require inquiry as to the President's motive? It would seem to just be was the money taken from the treasury lawfully and did the person writing the check know it to be unlawful?

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—

Shall be fined under this title or imprisoned not more than ten years, or

Peter Hurley@phrly· Apr 5

A road sign containing direction to various places, one of which is "Secret Nuclear Bunker"

Peter Hurley@phrly· Apr 4

Today in unfortunately named bands: the KinKi Kids.

A row of CDs on a store shelf by the KinKi Kids

Peter Hurley@phrly· Apr 1

Unrelated Ohtani news. Apparently he signed a piece of wood that's being used for the renovation of Nagoya castle and they saw fit to put that in the palace museum attached to the castle.

A cross section log of wood signed by Shohei Ohtani on display on a plexiglass case.

Peter Hurley@phrly· Mar 21

In its sans meeple configuration

A round dining table with four chairs and placemats. A bowl of oranges is in the center.

Peter Hurley@phrly· Mar 19

Pretty much, it's a field in the middle of the gulf between them.

map of the South Pars / North Dome field, showing the Iran/Qatar maratime border.

Peter Hurley@phrly· Mar 17

The transcript where he kicks out the supervisor who didn't enter an appearance is wild

transcript of a court hearing were Mr. Coyne is ordered to leave the courtroom

Peter Hurley@phrly· Mar 10

See I am the opposite (give me more science!), and I got into the Andy Wier-iverse based on seeing this xkcd comic ages ago.

xkcd comic strip:

Cueball: Ooh, trailer for The Martian!
White Hat: What's that?
Cueball: Movie of a book I liked.
White Hat: Should I read it?

[Cueball pivots on chair and turns away from computer to face White Hat.]
Cueball: Depends. You know the scene in Apollo 13 where the guy says "we have to figure out how to connect this thing to this thing using this table full of parts or the astronauts will all die?
White Hat: Yeah?

[Cueball pivots on chair again and resumes using computer while talking. White Hat looks at his smart phone.]
Cueball: The Martian is for people who wish the whole movie had just been more of that scene.
White Hat: How on earth did that become a big-budget thing with Matt Damon?
Cueball: No idea, but I'm so excited.

Peter Hurley@phrly· Mar 4

Just adding the raw number of voters in the NC primaries, which are almost fully reported, it's 56.8% D vs 43.2% R. That's with the headline D race also being a snoozefest, and in contrast to the 2022 midterm primaries where Rs outvoted Ds 55-45.

A screenshot of the preliminary primary election results in North Carolina showing 821,051 votes cast in the D primary, and 623,931 cast in the R primary.

Peter Hurley@phrly· Feb 1

No, they clearly missed it. Failing to upload the attachment you cite in the brief and then missing the "hey, where's the attachment you mentioned" notice from the court is just incompetence.

The Department identified one source of evidence,
Attachment A, for the judge’s statement and for the setting in which it occurred. The
complaint, however, did not include the attachment. The D.C. Circuit contacted the
Department about the missing attachment and explained that, if it failed to submit the
attachment, the circuit would consider the complaint as submitted. The Department did
not supply the attachment.

Peter Hurley@phrly· Jan 8

So I think this might be the most bonkers deal I've ever seen at Costco. $30/lb for A5 wagyu. Pretty sure they were doing clearance from what didn't sell over the holidays.

A meat case at Costco showing a beef ribeye of A5 Japanese wagyu for $29.99/lb.

Peter Hurley@phrly· Dec 15

Happy Hanukkah to all!

A lit menorah on a dining table with art in the background.

Peter Hurley@phrly· Nov 14

Apart from a few oddballs, the map still looks pretty red/blue coded.

Map of the US with state and local tax collection per capita color coded. There is a range from $4722 to $14794

Peter Hurley@phrly· Oct 9

The issue is that the lyrics are in a diss track. No reasonable person familiar with the genre takes a diss track to be an accurate factual claim about the world. See p. 15 of the ruling.

The forum here is a music recording, in particular a rap “diss track,” with
accompanying video and album art. Diss tracks are much more akin to forums like
YouTube and X, which “encourag[e] a freewheeling, anything-goes writing style,”
than journalistic reporting. Sandals Resorts, 86 A.D.3d at 43 (quotation marks
omitted). The average listener is not under the impression that a diss track is the
product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content.

Peter Hurley@phrly· Oct 1

My favorite is the quote from the bank exec who gave $ to both Wu and Kraft. Yes, your donation to both of the candidates is definitely a speech act and not at all an attempt to buy influence you're now desperate for.

“The business community is in retreat” politically and “they’re frustrated,” Bob Rivers, executive chair of Boston-based regional lender Eastern Bankshares Inc. and a donor to both Wu and Kraft this year, said at a recent forum hosted by State House News Service.

“We missed an opportunity for a more engaged and honest discussion of the issues facing the city of Boston,” Rivers added in a follow-up interview.

Peter Hurley@phrly· Sep 20

Sometimes you need to stress bake a croquembouche

A 6 puff tall croquembouche on a dining table with art in the background

Peter Hurley@phrly· Sep 11

I have been working on my baking!

A coming rack with 8 bagels on it. Half are everything.

A frosted layer cake. It is lemon curd on the inside with a lemon cream cheese icing.

Peter Hurley@phrly· Sep 9

No, looks like some parts are substantially higher based on the render from this article newyorkyimby.com/2025/05/phas...

A rendering of the proposed showing a mix between 5 and 20 stories

Peter Hurley@phrly· Sep 9

Plus you get people (me) going into your replies to brag on the bagels they baked recently.

A group of bagels on a cooling rack. Half are plain and half are everything.

They were delicious.

Peter Hurley@phrly· Sep 6

Yes. There is a mountain of precedent that the requirement one have standing (i.e. an actual or imminent injury in fact) to bring suit is a constitutional requirement. Congress cannot confer standing to challenge a law or regulation to someone not actually injured by that law or regulation.

Art. III requires the party who invokes the court's authority to "show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant," Gladstone, Realtors v. Village of Bellwood, 441 U. S. 91, 99 (1979), and that the injury "fairly can be traced to the challenged action" and "is likely to be redressed by a favorable decision," Simon v. Eastern Kentucky Welfare Rights Org., 426 U.

Peter Hurley@phrly· Sep 6

The opening 2 lines of Section III of Flast are just incredibly generic exposition? And I don't think that Congress saying "courts can do advisory opinions now" makes a case at law for Article III purposes.

The jurisdiction of federal courts is defined and limited by Article III of the Constitution. In terms relevant to the question for decision in this case, the judicial power of federal courts is constitutionally restricted to "cases" and "controversies." As is so often the situation in constitutional adjudication, those two words have an iceberg quality, containing beneath their surface simplicity submerged complexities which go to the very heart of our constitutional form of government. Embodied in the

Peter Hurley@phrly· Sep 6

Lots of precedent says advisory opinions are unconstitutional under Article III. E.g. Flast v Cohen: