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#336236 - 08/31/10 12:57 AM
Re: the new transphobic rhetoric ...
[Re: Natalie]
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Misanthropic Cow
Registered: 03/31/03
Loc: Pasture
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I think focusing on the negativity toward us in the media is counterproductive.
Almost every single group out there can find a lot of published things against them, if they go out looking for them.
Yes, there is much discrimination and many unfair things going on with employment, marriage rights, etc. in diverse parts of the world.
But it's also good to focus on the positive. It happens. If we start seeing ourselves as only victims, we cannot expect the world at large to see us as three-dimensional people.
The general public, at large, care about themselves and little else. They grow vocal against someone when there is a window of opportunity, though. Fortunately, their attention span is short.
_________________________
This a spiritual thing and I am the laughing Buddha sitting on top of the world. Donnalee. "Populace above, populace below! What are 'poor' and 'rich' at present! That distinction did I unlearn,—then did I flee away further and ever further, until I came to those kine." -- Thus Spake Zarathustra / Friedrich Nietzsche. http://my.funtrivia.com/tournament/Callies-quiz-75578.html
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#336244 - 08/31/10 09:42 PM
Re: the new transphobic rhetoric ...
[Re: LaniLee]
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Regular
Registered: 01/07/09
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My personal opinion is that Nikki's attorneys should try to negotiate a settlement.
A settlement gets the case over and done with. A settlement takes control away from the judge and puts Nikki in control. If I were litigating the case, I would offer Delgado and Longoria half the remaining $300,000 to go away as a first offer, and work up from there. There is some incentive for them to take such a settlement. For example, most contingency representation contracts include clauses that increase the attorney percentage as the case progresses. If Delgado and Longoria hold out through likely summary judgment, and then one or more appeals, they would wait years to see the money for the kids, and would give a bigger percentage to the attorneys. If they settle now, they have $150,000 minus attorney's fees to date. What Nikki gets out of it is her marriage intact and $150,000 minus attorney's fees. My first settlement offer would include a provision to have the funds put into a trust that the boys can only access after they reach some designated adult age, so that the money doesn't just disappear during their childhood. Trying to settle would also help determine if Delgado and Longoria are just in it for the money, or if they are suing out of spite. The incentive for Delgado and Longoria, as well as Nikki Araguz, is to get the case out of the media by settling it, in the best interests of the children.
By Texas statute, the boys already have a free ride at any Texas university anyway. By the way, if Nikki settles, she gets the same tuition deal, so long as her marriage remains valid. A settlement also avoids putting the entire transsexual population at risk. Litigation places control over the outcome in the hands of judges, first the local judge and then appeals court judge panels. A settlement enables the parties to take control and to create a quick and certain outcome. There is one fly in the ointment. Because this is a probate case about an intestate death, the court could cede control in the interest of the state and refuse to all the parties to settle.
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