Wednesday, August 14, 2013

Crowdsourced Solutions: How would you Ask?

How do you ask for something and also, at the same time, ask to remain anonymous?

To be more specific.

How do you ask for something, when the only way to ask is by suing, thereby relinquishing anonymity.
Can you ask, or, is it too much to ask for anonymity, when asking/suing for something you believe you may be entitled to. Asking, is also the way to find out whether or not there is a legitimate claim of entitlement*.
What if the anonymity is just as valuable, if not more, than whatever it is you may be entitled to.
Can a lawsuit be something less than a demand?

How do you ask, when asking is not as simple as the art of putting white makeup on, standing on a box and handing someone a flower. Or is it that simple, really, and some of us only fail to recognize it.

Has this ever come up. Or this hypothetical, in the realm of the impossible.

* I wanted to use anther word, rather than entitlement. That word has taken on political connotations that are not applicable to this hypothetical, as I have framed it in my mind. After giving it as much attention as I can muster, entitlement, I believe is the appropriate word.

35 comments:

chickelit said...

You ask a lawyer to send a nastygram on your behalf who uses language like "my client wishes..."

If you sue, you have to name yourself, I think as a "real party in interest." This protects anonymous litigants from harassing innocent people.

chickelit said...

Alternatively, you "hire" some muscle to break some legs.

Lem the artificially intelligent said...

Alternatively, you "hire" some muscle to break some legs.

That's not consistent with the idea of asking. The idea behind the hypothetical.

I know you are kidding.

Lem the artificially intelligent said...

The Top post has a "charity" tag. The asking in this hypo is not for charity.

Lem the artificially intelligent said...

Napoli just tied it at 3 in Toronto.

Paddy O said...

That's a great question.

Honestly, I would ask directly, in an anonymous way, first. See if it could be resolved quickly. If not, then it might give insight into the particular barriers or attitudes.

I am far from being a lawyer so I don't know about how one can compel, and I understand the need for being able to know the people in a lawsuit. Is there an intermediary step beneath a lawsuit that would allow for anonymity. Like mediation of some kind?

Lem the artificially intelligent said...

The Toronto pitcher hit a batter after the sox hit the game tying homerun.

the sox have loaded the bases.

bad idea hitting that batter in retrospect. bad idea for Toronto.

Lem the artificially intelligent said...

Is there an intermediary step beneath a lawsuit that would allow for anonymity. Like mediation of some kind?

Isn't that something used for deadlock disagreement, mostly?

Lem the artificially intelligent said...

These women are aggressively? asking for something they may not be entitled to. But they are still asking anyway.

I might be blurring the distinctions of the hypothetical I'm asking about.

I'm thinking aloud, as best as I can evade the question, for which the anonymity behind the hypothetical is essential. or something.

Trooper York said...

Dude cut the crap. Just ask her out. The worst she can say is no.

chickelit said...

These women are aggressively? asking for something they may not be entitled to.

The bill will make it illegal to photograph celebrities' children without parental consent -- even in public places.

You might as well couch it in terms of owning photons in public places. Now, if there weren't a market for what the paparazzi sell, there would be less of a problem.

Lem the artificially intelligent said...

Just ask her out. The worst she can say is no.

Incidentally, I believe the longer the asking/suing is postponed, the less chances there are of a successful outcome.

I don't know if that's true or not.

Lem the artificially intelligent said...

owning photons in public places

Isn't it illegal to photograph in the nude in some places?

chickelit said...

Isn't it illegal to photograph in the nude in some places?

Do you mean in pubic or in privates?

chickelit said...

Besides, why would the photographer be nude, Lem? Unless they're some sort of prevert.

chickelit said...

I gotta go, Lem. It's a slow night and I got places to be...

Lem the artificially intelligent said...

I supposed it could be portrayed as a situation of trying to have your cake and eat it too.

Unfortunately. I do see the need for the greater good (if you will) in - "This protects anonymous litigants from harassing innocent people".

I recognize that.

Lem the artificially intelligent said...

I gotta go, Lem. It's a slow night and I got places to be...

Thank you.

Lem the artificially intelligent said...

prevert

I think pollo meant pervert.

XRay said...

Lem, while I have interest in your dilemma, this ain't the sort of stuff that gains readers. Perhaps that is not an issue for you. In which case... go for it.

Lem the artificially intelligent said...

this ain't the sort of stuff that gains readers.

What sort of stuff does gain readers? I'm interested.

Lem the artificially intelligent said...

I suppose a post called ...

Ecce Mono Happy Ending could work.

It all depends. as they say.

Lem the artificially intelligent said...

Ecce Homo would probably work too.

sakredkow said...

What sort of stuff does gain readers? I'm interested.

Well, I think a little conflict and controversy is okay so long as people remember to retain the sense of proportion and good will they had in diaspora.

Personally I think you guys are doing a great job. I thought a lot of good came out of this experiment, and maybe more to come, who knows?

Maybe every fifth post or so we could throw in a little red meat, some politics or culture, as long as we don't all get comfortable calling each other disgusting names or forgetting how to make a reasonable argument, it might fill a few seats.

Just speculating, tifwiw.

Lem the artificially intelligent said...

Jack Germond is dead.

RIP.

I remember him from the Mclaughlin Group. Later parodied by SNL.

XRay said...

I spoke out my ass. As a single reader.

My apologies for extrapolating.

Phil 314 said...

And you, a Law Professor!


that's a complete non sequitur, but I always wanted to use it...carry on.

Lem the artificially intelligent said...

Peculiar that the much younger Chris Farley that parodied Germond as an old curmudgeon died way before Germond did.

Lem the artificially intelligent said...

So the president can dish it out, but he can't take it, and his defenders can't take it, and his party can't take it. You imagine being wound so damn tight that what happens at the State Fair in Missouri -- this is all race. Everybody knows this is all race. You put Bill Clinton in the White House and put that clown with the Clinton mask on there, and it doesn't even make the news.

Rush Limbaugh.

Lem the artificially intelligent said...

Little House in the Prairie is not a big libertarian conspiracy?

What's next?

Zacchaeus was not an environmentalist? that the tree that he climbed was insignificant?

No wander Christians are leaving the National Parks in droves.

Aridog said...

Lem posed the question, in some complexity....

How do you ask for something, when the only way to ask is by suing ...

Ockham's Razor, Lem...You answer your own question in that clause above, early in the proposition. To wit, "suing" is not "asking." Anonymity has nothing to do with it. One is a request for a voluntary commitment, the other is a demand to fulfil an obligaiton.

Further you ask...

Can a lawsuit be something less than a demand?

No, it cannot. A lawsuit is a request that a court fulfil a demand you are making vis a vis an obligation or a legal entitlement. Asking on the other hand, is simply that...asking someone or some organization to fulfil an entitlement you feel, regardless of its veracity per se.

******************************
Pssst: okay, all the lawyers jump in now with the semantics blather and exceptions. I am only speaking from my experience of being sued and having to sue others. I was never sued where I felt the plaintiff was "asking" for something, nope, they were demanding it or having a court force consequences upon me. Forget Small Claims Court ... at least here, is often used to "ask" (in the sense of extortion) for compensation for some perceived slight. The purpose is to entice a settlement in place of the costs of litigation. Fortunately, here, the defendant can demand a trial before a judge. Lawyers cost everyone money, both sides...and before a judge is where it belongs if not based upon a unfulfilled legal obligation.

PS: I don't think this was a poor subject for this blog. It's worth discussion and Xray has said as much himself.

Aridog said...

Lem said ...

No wander Christians are leaving the National Parks in droves.

Uh, oh...Jimbino bait :-))

Icepick said...

Dude cut the crap. Just ask her out. The worst she can say is no.

No, the worst she can do is tell her Marine husband about it.

Really, Trooper, it's like you've hardly done this at all.

Icepick said...

Besides, why would the photographer be nude, Lem?

It's AUGUST. It's HOT outside. Why wouldn't I want to be nude doing anything?

Icepick said...

Actual conversation from my misspent youth.

ME: She kept hitting on my and I didn't know what to do.
Older Adviser: You don't know how the parts fit together?
ME: I know that! I didn't know how to get her to leave me alone.
OA: What, is she ugly?
ME: No, very pretty, and a sweet North Carolina accent.
OA: What the Hell is your problem then? Are you gay?
ME: I'm not gay, but she's older than me.
OA: That don't mean nothin'!
ME: But she's married!
OA: That don't mean nothin'!
ME: She's got two kids!
OA: That don't mean nothin'!
ME: Her husband's a Marine.
OA: Now that means somethin'. You'd better leave that alone....