HDTenEightyP/NetNews huggingface dataset:
From: mnemonic@eff.org (Mike Godwin)
Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
Originator: mnemonic@eff.org
Organization: Electronic Frontier Foundation
Distribution: usa
Date: Thu, 21 Jan 1993 11:34:31 GMT

In article <1993Jan21.040853.28616@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:

>The English Court of Equity and the federal courts under Article III
>both have jurisdiction over (i.e. the power to hear and rule on) such 
>cases. But jurisdiction doesn't say anything about how such cases are
>to be determined, simply that the court may, in some way, rule
>on them.

To rule on those cases is to make law. It cannot be avoided.

>In the case of the Court of Equity, this included making
>Common Law. Since the Constitution specifically gives the federal
>courts "judicial" power but _no_ "legislative" power, I conclude
>that the federal courts may not create law (a legislative power)
>in order to settle cases.

Frank, both the law and the equity courts in England made law. 
If you are saying the Framers intended to give the federal courts
*less* power than they had in England, you are flying in the face of even
the most conservative legal and historical scholarship.

And when you say "I conclude" here, you're engaging in just the kind of
result-oriented interpretation that you'd criticize a judge for.


--Mike



-- 
Mike Godwin,    |"I'm waiting for the one-man revolution
mnemonic@eff.org| The only one that's coming."
(617) 864-0665  |                           
EFF, Cambridge  |                   --Robert Frost 
Newsgroups: misc.legal,alt.censorship,alt.society.civil-liberty,alt.politics.usa.constitution
From: mnemonic@eff.org (Mike Godwin)
Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
Originator: mnemonic@eff.org
Organization: Electronic Frontier Foundation
Date: Thu, 21 Jan 1993 11:39:34 GMT

In article <1993Jan21.042939.4516@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:

>Just out of curiosity, what is the justification for federal laws on
>these subjects? The Amendment is very specific: "Congress shall
>make no law..." All of the logic concerning unprotected speach and
>incitement makes sense to me, in the context of state laws (i.e. 
>in defining and limiting the Fourteenth Amendment) but I don't
>see the justification for ignoring the direct text of the First
>Amendment with respect to the federal government.

I refer you to the two books I routinely cite in discussions of First
Amendment jurisprudence on the Net: NIMMER ON FREEDOM OF SPEECH and
Anthony Lewis's MAKE NO LAW.

The question you ask is an old one, and a few Supreme Court justices have
held the position that the First Amendment is an absolute--ergo, there
should be no libel or obscenity cases. But even the absolutists have not
held an absolute notion of freedom of speech, regardless of the First
Amendment. For example, they've never held that it encompassed perjury.

>>I'm hardly "anti-majoritarian," as careful readers already know. I think
>>majoritarianism is the proper sort of government, so long as it works
>>within a framework of protections of individual rights. In this I am no
>>more anti-majoritarian than the drafters of the Bill of Rights.
>
>I'd be a little carefull here: The anti-federalists responsible for
>the Bill of Rights had a great (and quite reasonable) fear of mob rule... 

Which I fear as well. This does not make me anti-majoritararian, however.
I believe in majoritarian rule in a framework of rights.


--Mike




-- 
Mike Godwin,    |"I'm waiting for the one-man revolution
mnemonic@eff.org| The only one that's coming."
(617) 864-0665  |                           
EFF, Cambridge  |                   --Robert Frost 
Xref: sparky misc.legal:23187 talk.politics.misc:69432 alt.president.clinton:1749
From: J.Theodore.Schuerzinger@dartmouth.edu (J. Theodore Schuerzinger)
Newsgroups: misc.legal,talk.politics.misc,alt.president.clinton
Subject: Re: Clinton's given name
Date: 23 Jan 93 15:58:57 GMT
 <1j6s40INN6bv@tortoise.cis.ohio-state.edu> 
 <1j6sb7INN6d8@tortoise.cis.ohio-state.edu> 
 <1993Jan23.000300.3953@beaver.cs.washington.edu>  
 <15630.2b60d8ad@ohstpy.mps.ohio-state.edu>
Organization: Dartmouth College, Hanover, NH
X-Posted-From: InterNews1.0a5@newshost.dartmouth.edu

In article <15630.2b60d8ad@ohstpy.mps.ohio-state.edu>
vancleef@ohstpy.mps.ohio-state.edu writes:

> In article <1993Jan23.000300.3953@beaver.cs.washington.edu>, rcsaito@cs.washington.edu (Richard Saito) writes:
> > Can somebody tell me what Bill Clinton's given name is?  I saw it on 
> > Final Jeopardy a few weeks ago, but I forgot it.
> > 
> 
> William Jefferson Blythe.

Actually, it was William Blythe Jefferson IV.  [visual effect of Alex
Trebek making one of those screwed-up faces before finally saying that
he can't accept your answer]

BTW -- I knew the correct question!


--Ted Schuerzinger
email: .zed@Dartmouth.EDU
"I should have realized it would be bad vodka when all the label said
was 'Russian Vodka'."
Newsgroups: misc.legal
From: eck@panix.com (Mark Eckenwiler)
Subject: Re: Judges "making" law [was: Shouting "Movie!" at a Fire Station (Schenck v US)]
Organization: Superseding Information, Inc.
Distribution: usa
Date: Thu, 21 Jan 1993 15:51:44 GMT

In <1jllbnINNm2t@shelley.u.washington.edu>, tzs@carson.u.washington.edu sez:
>rjc@devo.unify.com (Ronald Cole) writes:                                        
>>So, in other words, legislators pass what looks and smells like "law", 
>>but which isn't "true law" until it comes out of the judicial     
>>crucible.                                                       
> 
>When Jose Canseco hits a baseball out of the park, do you say he hit a   
>home run, or do you wait until he rounds the bases and the umpire signals
>the run before you classify it as a run?

If it's George Brett, I wait to see whether he used too much pine tar.

Followups to rec.sport.baseball.legal.


-- 
			Sold by weight, not by volume.
  Some settling of contents may have occurred during shipment and handling.

	   Mark Eckenwiler    eck@panix.com     ...!cmcl2!panix!eck
Newsgroups: misc.legal,misc.legal.computing
From: bhayden@teal.csn.org (Bruce Hayden)
Subject: Re: Posting results of deciphering dBase files
Organization: Colorado SuperNet, Inc.
Date: Thu, 28 Jan 1993 13:54:24 GMT

sberger@sedona.intel.com (Scott Berger) writes:


>In article <1993Jan25.044139.21699@netcom.com>, allyn@netcom.com (allyn) writes:
>> I know that the dBase software itself is copyrighted but I want to
>> know if that also applies to the format and content of the data files
>> (whish have my own data generated by dBase).

>	Well I bought a copyrighted book a few years back that
>published lots of file formats, dBase being among them. Perhaps
>the author contacted the companies involved, but I tend to doubt
>it.

I don't think that it is settled law. The "Look and Feel" cases
appeared to be going in the direction of tying up interface
definitions, especially Lotus v. Paperback Book (despite the
protestations to the contrary by the judge). 

However, one can read Computer Assoc. v. Altai et al. as stating that
interfaces are more like ideas (not covered by the Copright Act).
There are also some very old cases about trying to protect via 
copyright forms (especially accounting forms).

I think that the "jury is still out" on whether an interface is
covered by the U.S. copyright law. Obviously more than one manufacturer
is trying to enforce a monopoly over connection to their software and/or
hardware through just such a theory. 

My personal opinion is that interface definitions are more like ideas
than expressions, and thus shouldn't be covered by copyright law.
This would of course mean that any serious attempt to impose a 
monopoly through enforcing such a C/R claim would be copyright misuse.
I do not however know how much this opinion is colored by my long
time involvement in open systems.

As to whether you can copy out of the book - I believe that since
there was no apparent originality in the publisher of the book
(since he was copying from dBase), Feist would preclude him from
claiming copyright on his own over that information.

Bruce E. Hayden
(303) 758-8400
bhayden@csn.org
From: hilary.miller@execnet.com (hilary miller)
Newsgroups: misc.legal
Subject: posting results of de
Date: 28 Jan 93 02:29:37 GMT
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Allyn, in a message to All on 01-25-93 at 7:03pm, said:

AN>|I am curious. I have received some requests to post the results of my
   |efforts to decypther the structure of the data and index files
   |that are created and used by the various dBase software products.
   |I know that the dBase software itself is copyrighted but I want to
   |know if that also applies to the format and content of the data files
   |(whish have my own data generated by dBase).
   |_____________________________________________________________________

          No.  One cannot copyright the format of a data file.  The
          contents can be copyrighted.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
   s r
---
 ~ DeLuxe}/386 1.25 #11645 ~ Nietzche is pietzche, but Sartre is smartre.
--
Executive Network Information System  (914) 667-4567
International ILink Host
Xref: sparky misc.fitness:9756 rec.food.veg:12456
From: mcdonald@aries.scs.uiuc.edu (J. D. McDonald)
Newsgroups: misc.fitness,rec.food.veg
Subject: Re: Hidden Fat In Packaged Foods
Date: 23 Jan 93 20:16:40 GMT
Distribution: world,local
Organization: UIUC SCS

In article <35750@rnd.GBA.NYU.EDU> sbhattac@rnd.GBA.NYU.EDU (Shankar Bhattacharyya) writes:
>From: sbhattac@rnd.GBA.NYU.EDU (Shankar Bhattacharyya)
>Subject: Re: Hidden Fat In Packaged Foods
>Date: 23 Jan 93 18:45:16 GMT
>In article <1993Jan22.142519.1@violet.ccit.arizona.edu> poulin@violet.ccit.arizona.edu writes:
>
>>   What I enjoy is entering the supermarkets, walking over to the hot-dog areas
>>and then looking at the 96% fat free packages and then looking at the caloric
>>info to see that while they're 4% fat by weight, they still have 60-80% fat by
>>calories...
>
>That's a pretty startling statement.
>
>Could you provide an example of the kind of product you have in mind, which
>simultaneously:
>  a.   is a hot dog, sausage, or cold-cut type meat product
>  b.   is 96 %  fat free, by any plausible definition, even the rather
>       unreasonable one used by meat companies
>  c.   gets 60% or more of its calories from fat?
>
>I think you will find that you have a couple of distinct things mixed up.
>Standard hot dog type products have approximately 80% of their Calories
>from fat. But these would not be marked "96% fat-free" or anything like
>that.
>
>Also, commercial hams, which tend to have about 4% fat by weight, have only
>about 35 or 40% of their Calories from fat. The fancier hams tend to have
>more fat.
>
>- Shankar


This sort of stuff is possible. The key is there are several ingredients
that have mass but zero calories: water and certain non-degestible
bulking agents.

It is perfectly possible to have a substance that has 2%fat by weight
and 100% of the calories from fat. It would consist of say 2% fat,
96%water, 1% bulking agents, 1% jelling agents like gum, and some
flavor ingredients and non-calorie sweetner.

For example, you could add some fat to a sugar-free Popsickle.

Doug McDonald
From: bhjelle@carina.unm.edu ()
Newsgroups: misc.fitness
Subject: Re: Excercising while driving your car??
Date: 27 Jan 1993 18:49:00 GMT
Organization: University of New Mexico, Albuquerque
Distribution: misc
NNTP-Posting-Host: carina.unm.edu

In article <1993Jan27.120244.17057@vax5.cit.cornell.edu> gggj@vax5.cit.cornell.edu writes:
>I heard about a book a few monmths ago that told you about a bunch of good
>excercises you could do while driving your car.  Since I have to spend a lot of
>time  in my car, I'd like to get ahold of this...however I don't recall the
>author nor the title.  If anyone has info on this book please e0-mail me, as I
>don't have time to check the newsgroups that often.

I believe Fred Flintstone had this system perfected. He carved a
hole in the floor of his car and used footpower to move it.
Unless you have an old Pinto that has rusted out on the bottom,
this may not work for you. You might consider just pushing
your car to work instead, or using (shudder) a bicycle.

Brian
From: rdorocke@silver.ucs.indiana.edu (rob lawrence dorocke)
Newsgroups: misc.fitness
Subject: Calorie Question
Date: 25 Jan 93 20:54:26 GMT
Article-I.D.: usenet.C1FGqr.6v9
Organization: Indiana University


How many calories are burned per mile, on average at a jogging speed?

I know it is different for everyone, but is there an average?

Thanks

Rob Dorocke
(rdorocke@ucs.indiana.edu)
Newsgroups: misc.fitness
From: cecchinr@gehrig.cs.rpi.edu (Ron Cecchini)
Subject: Re: Cindy Crawford Video Controversy
Organization: Rensselaer Polytechnic Institute, Troy, NY
Date: Mon, 25 Jan 1993 15:26:39 GMT

In article <1993Jan23.232026.17648@wam.umd.edu> sfjr@wam.umd.edu (Steve Russell) writes:

[stuff deleted]

>Personally I dont see her making it as any big breakthrough.  To my eyes
>she has the std anmeic looking model's body the only differnce is she
>has large breasts tacked onto them.  

[stuff deleted]

Well, I didn't think I'd be getting involved in this one but, contrary
to what you believe, one of the reasons I like Cindy is because I think she
*doesn't* have the standared "anemic" look!  I think she is definitely
full-figured, even though I *don't* think her chest is all that big!

Ron

Newsgroups: misc.fitness
From: cecchinr@gehrig.cs.rpi.edu (Ron Cecchini)
Subject: Re: The fittest people on the planet.
Keywords: balance in life
Organization: Rensselaer Polytechnic Institute, Troy, NY
Distribution: usa
Date: Thu, 28 Jan 1993 18:12:00 GMT

In article <1k75umINNpjk@mojo.eng.umd.edu> georgec@eng.umd.edu (George B. Clark) writes:

[stuff deleted]

>In sports medicine, physiologists define fitness as the strength of your
>heart, and it is measured by your VO2 max and by your recovery pulse rate.
>These measurements can become dangerously low for bodybuilders who must
>necessarily avoid aerobic exercise. They literally have no endurance. You
>will never see a world-class bodybuilder out jogging, for example. Their
>heart can't handle it. The V02 max of a competitive athlete whose sport is
>sprinting or swimming can easily exceed the VO2 max of a bodybuilder twice
>his weight. That should be enough to make anyone think twice about
>becoming a bodybuilder.

Well, I read through all the posts before I responded to this one.  I won't
respond to everything, because Rob already said alot of the things I wanted
to.

Anyway, you said some things I agree with, and some I didn't.
Also, you still seem to flip-flopping between talking about 
professional bodybuilders and the rest of us.  

But I still disagree with your paragraph above.  I don't think that
the pros, or hardcore bodybuilders in general, don't run because of
heart problems.  I know for my self that running not only has an adverse
effect on the knees and ankles, but it also is an antagonist to building
muscle mass in the legs.

And you know, I'd still be willing to put some of the pros up against
your "fit" athletes.  When the pros are not in competition mode, they're
still doing lots of aerobics - 3, 4, 5 times a week is not unheard of.
I can't believe that they have such poor aerobic capabilities...

Also, "fit" to me means more than VO2 output.  To me, if you can't
bench twice your weight, squat 3 times your weight and leg press 4 times 
your weight - then you're not fit!
[NOTE: The above figures were picked arbitrarily, since I can't even
         bench or squat those amounts (but I can do the leg presses!), and
         I think I'm at least "fit" - you get the point...]

>                                  . . .
>
>I think we are discussing two different things. You are discussing
>bodybuilding, in general, whereas I'm discussing those bodybuilders who
>strive to be world class.

Maybe.  But as I said, your speach is confusing.  In your original
post, you spoke of just bodybuilders.  In this recent post, you 
still sort of switch back and forth between talking about the
pros and then just bodybuilders in general.

Ron

Organization: Junior, English, Carnegie Mellon, Pittsburgh, PA
Newsgroups: misc.fitness
Date: Sat, 23 Jan 1993 12:46:05 -0500 
From: "Ryan E. Rasmussen" <rr2y+@andrew.cmu.edu>
Subject: Re: Aminos & MCTs
	<C17n8o.LtM@jabba.ess.harris.com>

Medium Chain Triglycerides (MCTs) are fats which contain 8.2 calories
per gram (as opposed to the 9.5 calories/gram of conventional LCTs) and
are metabolized more rapidly than glucose; I suppose that they have the
highest glycemic index; they are the fuel source used first by muscle
tissue.  Studies have shown that MCTs induce thermogenesis, which could
result in bodyfat mobilization if energy intake is held constant. 
Additionally, MCT's improve carbohydrate and protein metabolism, and
reduce the amount of carbohydrates that can be stored as bodyfat.  MCT's
are quite unlikely to be stored as bodyfat, and have been shown to
reduce blood cholesterol levels.  They have been around since the 1950s,
when they were initially used to treat critically individuals who had
fallen into catabolic states.  Champion Nutrition includes MCT's in
Metabolol II, Heavyweight Gainer 900, and Cytobar, and will provide you
with literature on MCT's on request.

As someone else has already written, MCT's occur naturally in coconuts. 
Even though the fat in coconuts is saturated, it doesn't cause
cholesterol levels to increase.

Ryan 
Newsgroups: misc.fitness
From: 2351625ec400@vaxr.sscl.uwo.ca
Subject: Shakelee PHYSIQUE
Organization: Social Science Computing Laboratory
Date: Thu, 28 Jan 1993 20:53:36 GMT

	Just a quick question about supplements. My brother, who has been very
thin for most of his life, has been working out for about 4 months quite
religiously (6 times/wk.). He has actually managed to put on some weight, and
now weighs about 150 lbs., his weight when he entered High School (he's a
sophmore now).

	Anyway, the purpose of this post is to find out if the information
given to him is really close to the truth. The supplement is Shakelee Physique,
and the guy at his gym told him that "it's as good as steroids", obviously a
false statement. He also claims that my brother should be able to put on 8 lbs
in a three week period, and said that someone he knows gained 75 lbs. on his
benchpress in the same period. This seems VERY unlikely to my untrained ear, so
I thought that I'd put it out to the experts. E-mail or a posted reply would be
greatly appreciated.


					Cheers,
					Mike
					2351625ec400@vaxr.sscl.uwo.ca
From: rbond@nevada.edu (RICHARD BOND)
Newsgroups: misc.fitness
Subject: Re: Raw Eggs, Cooked Eggs, etc.
Date: 26 Jan 93 19:31:52 GMT
Organization: University of Nevada System Computing Services

Isn't Ceaser's Salad made with raw eggs? Please tell me NO since I love 
it :-) but after reading this thread maybe I'll pass from now on. Thanks
but no thanks.
 
Dick
From: jbrown@oasys.dt.navy.mil (Jennifer Brown)
Newsgroups: misc.fitness
Subject: Bodyfat Percentages
Date: 21 Jan 93 13:55:09 GMT
Reply-To: jbrown@oasys.dt.navy.mil (Jennifer Brown)
Organization: Carderock Division, NSWC, Bethesda, MD


	      MEN            WOMEN
Age      Ideal Range     Ideal Range

20-29      10-15%          18-22%
30-39      12-16           20-24
40-49      14-18           21-25
50 +       15-19           22-26


(derived from Cooper Institute, Dallas, TX, 1982)

Jennifer Brown
Newsgroups: misc.fitness
From: clak@calvin.edu (Kelly James Clark)
Subject: Nordic Trak vs. Fit One
Organization: Calvin College
Date: Tue, 26 Jan 1993 21:40:20 GMT

I saw a Joe and Jennifer Montana infomercial extolling the virtues of a ski 
machine named Fit One.  Their statistics proved it was better than Nordic Trac.
And it is cheaper.  My wife is interested in a ski machine.  Any advice?

Anyone with either machine is invited to extoll the virtues of their own; but
that special someone who has tried both machines is especially invited to 
reply.

Thanks,
Kelly Clark
clak@calvin.edu
From: afh@cci632.cci.com (Andrew Halperin)
Newsgroups: misc.fitness
Subject: Life series algorithms
Date: 26 Jan 93 15:21:33 GMT
Organization: Northern Telecom, Inc. - Network Application Systems

Let me preface this by saying that I would like a response 
to my question and I am by no means supporting or rejecting
the Life(tM) series machines. 

Does anyone out there know what the algorithm that is used
for calculating calorie consumption on the Lifesteps,
LifeCycle and the recumbent LifeCycle? It seems that each one
is different because the calories reported on one is magnitudes
different that the other for the same PERCEIVED work. 


**********************************************************************
*Andrew F. Halperin	 	  	    E-mail: afh@cci.com      *
*Northern Telcom-NAS/CCI     		    Rochester, NY            *
*Performance Modeling and Analysis Group    (716) 482-5000 ext. 2848 *
**********************************************************************
Newsgroups: misc.fitness
From: cecchinr@hornsby.cs.rpi.edu (Ron Cecchini)
Subject: Re: Protein needs
Organization: Rensselaer Polytechnic Institute, Troy, NY
Date: Thu, 21 Jan 1993 15:20:55 GMT

In article <1jk7v5INN857@mojo.eng.umd.edu> georgec@eng.umd.edu (George B. Clark) writes:

[stuff deleted]

>>Also, if you think you are going to gain mass while fasting, have fun trying.
>
>The point of these studies was to demonstrate that strength training is
>vastly more important than diet for muscle growth. The fact that muscles
>grew at all while bodybuilders were fasting was an important finding.

Maybe the muscles were able to grow a slight bit.  But diet is, without
a doubt, *SIGNIFICANTLY* more important than training (unfortunately)
when it comes to gaining mass.

I don't care what "studies" you've seen (I've seen some of them also).
If you think you can eat like shit and grow, then you're sadly mistaken.

Of course, I must qualify some of this and say that bodybuilding beginners
will experience some gains eating just about anything they want -
but this phenomenon doesn't last very long.

Last night I just bought John Parillo's new book, and this guy is the
*epitome* of the high-calorie diet.  He doesn't believe in
over-training, just under-recuperating (because of improper diet).
He has some of his trainees eating up to 10,000 calories a day - and they're
losing fat.  But only the big guys are eating this much.  But he definitely
advocates lots of calories (the PROPER kind of calories!). 

But don't think all those calories are coming from food.  In fact,
he has about 40% of the calories coming from MCTs, and he believes that
MCTs are probably the most important supplement that a bodybuilder can be
using.

Ron

From: zornow@hpcc01.corp.hp.com (Claudia Zornow)
Date: Tue, 26 Jan 1993 17:45:42 GMT
Subject: Hand Weights When Stepping?
Organization: HP SSD R & D
Newsgroups: misc.fitness

OK, I'm confused.

The "Introduction to The Step" step aerobics video shows
the use of hand weights to increase the intensity of your
step workout.

On Kathy Smith's step aerobic video, she has an M.D. and
a physical therapist saying you shouldn't use hand weights
while stepping because it increases the stress on your knees.

Who's right?

Claudia