USFL v. NFL: The Challenge Beyond the Courtroom

Trump played a key role in destroying the USFL in the 1980s?

“The NFL would later introduce extensive evidence designed to prove that the USFL followed Trump’s merger strategy, and that this strategy ultimately caused the USFL’s downfall. The merger strategy, the NFL argued, involved escalating financial competition for players as a means of putting pressure on NFL expenses, playing in the fall to impair NFL television revenues, shifting USFL franchises out of cities where NFL teams played into cities thought to be logical expansion (through merger) cities for the NFL, and, finally, bringing an upcoming antitrust litigation..”

https://www.law.berkeley.edu/sugarman/Sports_Stories_USFL_v_NFL__-_Boris_Kogan.pdf

Biden’s historic climate record has one big problem

“The challenge is that permitting is an expensive, tedious, and time-consuming process, sometimes stretching decades. Developers often find there’s a lack of accountability between the local, state, and federal authorities that have a say in granting approval for things like wind energy farms or interstate power transmission lines.
The current system puts a lot of project developers in a frustrating limbo — not a “no,” not a “yes,” but a “maybe, we’ll see” that can stretch indefinitely.

This uncertainty makes it harder for companies to make a business case and often leads to proposals falling apart. The net result is that few things get built at all. In the past decade, the United States has built transmission lines at half the rate as in the 30 years prior. The Bipartisan Infrastructure Law included $7.5 billion to build thousands of electric vehicle charging stations, yet only a handful are operating. The American Clean Power Association, an industry group, reports that permitting delays have cost the US economy more than $100 billion in lost investment. Earlier this year, Lawrence Berkeley National Laboratory surveyed wind and solar power developers and found that one-third of permit applications for placing wind turbines and solar panels in the ground were canceled over the past five years.

These false starts cost businesses a lot of money: The average sunk cost was more than $2 million on average for a canceled solar project and $7.5 million for a scrapped wind farm. The main causes cited for these axed proposals were difficulties in getting approvals from zoning boards, in connecting to the power grid, and opposition from local communities — all issues that inhibit permitting.”

“That brings us to permitting reform. The idea is to change the existing system of rules — smoothing out the application process, setting tighter deadlines, reducing veto points — to get a verdict on projects faster.”

https://www.vox.com/climate/367950/permitting-reform-biden-climate-manchin-renewable-energy

This chart of ocean heat is terrifying

“The Gulf is now the hottest it’s been in the modern record, according to Brian McNoldy, a climatologist at the University of Miami, who produced the chart. Taking a dip would feel like a bath: The average temperature of the surface is close to 90 degrees, according to recent measures of sea surface temperature.
“This is out of bounds from the kinds of variability that we’ve seen in [at least] the last 75 years or so,” Ben Kirtman, director of the Cooperative Institute for Marine and Atmospheric Studies, a joint initiative of the University of Miami and the National Oceanic and Atmospheric Administration (NOAA), told Vox. “That can be scary stuff.”

These record temperatures are just one signal of a more widespread bout of warming across the North Atlantic that ramped up last year. It’s still not entirely clear what’s causing it, though scientists suspect a combination of factors including climate change — which raises the baseline ocean temperature — as well as lingering effects of El Niño, natural climate variability, and perhaps even a volcanic eruption.”

https://www.vox.com/climate/368324/hurricane-season-2024-gulf-mexico-ocean-warming

A Trump judge ruled there’s a Second Amendment right to own machine guns

“The “historical tradition” test announced in Bruen has no real substance, cannot be applied consistently by lower court judges, and has led to absurd and immoral results. Just last June, for example, the Supreme Court had to intervene after an appeals court, in a perfectly honest application of the Bruen decision, ruled that people subject to domestic violence restraining orders have a constitutional right to own a gun.
But, while the Court’s decision in that case, United States v. Rahimi, reversed one of the federal judiciary’s most astonishing post-Bruen decisions, it left Bruen’s confounding historical test in place. Under Rahimi, “a court must ascertain whether the new law is ‘relevantly similar’ to laws that our tradition is understood to permit” — whatever the hell that means.

In a separate concurring opinion in Rahimi, Justice Ketanji Brown Jackson quoted a dozen lower court opinions complaining that judges can’t figure out how Bruen is supposed to work. As one of those opinions stated, “courts, operating in good faith, are struggling at every stage of the Bruen inquiry. Those struggles encompass numerous, often dispositive, difficult questions.”

This chaos is likely to continue until Bruen is overruled. The history and tradition test announced in the case provides lower court judges with no meaningful guidance on which gun laws are constitutional. And Bruen allows judges who are determined to reach pro-gun conclusions no matter what the consequences to strike down virtually any gun law — which may explain Broomes’s decision in the Morgan case.”

https://www.vox.com/scotus/368616/supreme-court-second-amendment-machine-guns-bruen-broomes

Pete Buttigieg says he had a call with Elon Musk to talk about Hurricane Helene because ‘the best thing to do is just to pick up the phone’

“Transportation Secretary Pete Buttigieg says he had a call with Elon Musk, despite their differences — because sometimes, it’s just better to get on the horn with someone and clear things up.
On Friday, Buttigieg refuted a series of claims made by the Tesla and SpaceX CEO. Musk had in an X post accused the government of closing the airspace in Asheville, North Carolina, to block recovery efforts.

Musk also blamed the Federal Emergency Management Agency (FEMA), the government’s disaster relief group, and the Federal Aviation Administration (FAA).

Buttigieg responded to Musk, writing: “No one is shutting down the airspace and FAA doesn’t block legitimate rescue and recovery flights. If you’re encountering a problem give me a call.”

The two men then had a chat via phone call, Buttigieg confirmed in an interview with MSNBC’s Jen Psaki released on Sunday.

“He called,” Buttigieg told Psaki. “We had a conversation.”

Buttigieg told MSNBC that some of the confusion on X stemmed from Temporary Flight Restrictions (TFRs), a move by the Federal Aviation Administration to ensure safety for aircraft conducting Hurricane Helene rescue and recovery activities.

Buttigieg said, however, he and Musk managed to get to the bottom of what was happening, and sort out problems for pilots helping to get Starlink equipment to disaster-hit areas.

“We were able to take care of it,” Buttigieg said. “And, I think, to me it’s an example of how often the best thing to do is just to pick up the phone.”

Later on Friday, Musk had a more positive tone while replying to a post from Buttigieg on X about the government delivering additional emergency relief to South Carolina.

Musk said, “Thanks for expediting approval for support flights. Just wanted to note that Sec Buttigieg is on the ball.”

Buttigieg replied, writing: “Glad we could address — thanks for engaging.”

Musk and Buttigieg have had public disagreements over everything from tax credits for electric vehicles to the safety of driverless cars.”

https://www.yahoo.com/news/pete-buttigieg-says-had-call-081754462.html

Russia Is Changing Its Nuclear Doctrine – Atomic Coercion, Ukraine & the Nuclear Threshold

Russia’s nuclear doctrine change makes their use of nuclear weapons more likely, but the factors that make nuclear use a poor choice still exist, so their use is still unlikely.

https://www.youtube.com/watch?v=F7aUoEnVCWQ

Mark Cuban & Reid Hoffman Explain Why Kamala Harris is the Key to Economic Growth | BLFH Podcast

Mark Cuban & Reid Hoffman Explain Why Kamala Harris is the Key to Economic Growth | BLFH Podcast

https://www.youtube.com/watch?v=ECmEdk8-iYU

US teacher strikes were good, actually

“Previous research on teacher strikes in Argentina, Canada, and Belgium, where work stoppages lasted much longer, found large negative effects on student achievement from teacher strikes. (In the Argentina study, the average student lost 88 school days.)
In contrast, the researchers find no evidence that US teacher strikes, which are much shorter, affected reading or math achievement for students in the year of the strike, or in the five years after. While US strikes lasting two or more weeks negatively affected math achievement in both the year of the strike and the year after, scores rebounded for students after that.

In fact, Lyon said they could not rule out that the brief teacher strikes actually boosted student learning over time, given the increased school spending associated with them. A recent influential meta-analysis on school finance found that increasing operational spending by $1,000 per student for four years helped student learning.

It’s possible higher wages could reduce teacher burnout, or the need to work second jobs, leading to improved performance in the classroom. Still, Lyon explained, it’s also possible that increased spending on teachers would not lead to higher student test scores, if wage gains went primarily to more experienced teachers, or to pensions, or if teachers were already maximizing their effort before the strike.”

https://www.vox.com/education/368756/teachers-school-unions-labor-education-students-strikes