Comments on: Alamedans for “Fair” Taxation? Not. http://www.johnknoxwhite.com/2008/10/17/alamedans-for-fair-taxation-not/?utm_source=rss&utm_medium=rss&utm_campaign=alamedans-for-fair-taxation-not Mindfulness in the face of challenge. Wed, 04 Jan 2012 07:24:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: John Knox White http://www.johnknoxwhite.com/2008/10/17/alamedans-for-fair-taxation-not/#comment-657 John Knox White Sat, 18 Oct 2008 00:17:07 +0000 http://johnknoxwhite.com/?p=522#comment-657 Less an attempted legal analysis, and more a nod to the idea that I don't the measure will hold up, as written, with the caps in place. That said, I'll be surprised (as you mention) if the whole thing is thrown out. I assume that you are correct, the courts will not support an extremely narrow reading, but may require some changes. Less an attempted legal analysis, and more a nod to the idea that I don’t the measure will hold up, as written, with the caps in place. That said, I’ll be surprised (as you mention) if the whole thing is thrown out. I assume that you are correct, the courts will not support an extremely narrow reading, but may require some changes.

]]> By: An Alamedan also for Fair Taxation http://www.johnknoxwhite.com/2008/10/17/alamedans-for-fair-taxation-not/#comment-656 An Alamedan also for Fair Taxation Fri, 17 Oct 2008 21:55:23 +0000 http://johnknoxwhite.com/?p=522#comment-656 Thank you for so effectively pointing out the hypocrisy of Alamedans for Fair Taxation's invocations of "fairness" and "openness." But I'm not clear about the basis of your attempted legal analysis that "Measure H will likely not meet the 'uniformity' criteria of state law." I'd expect the judge to interpret "uniformity" or "uniformly" in light of widely accepted practices around the state and to recognize that, as in most areas of the law, the most narrow, rigid reading of a word is rarely the correct one. Thank you for so effectively pointing out the hypocrisy of Alamedans for Fair Taxation’s invocations of “fairness” and “openness.”

But I’m not clear about the basis of your attempted legal analysis that “Measure H will likely not meet the ‘uniformity’ criteria of state law.”

I’d expect the judge to interpret “uniformity” or “uniformly” in light of widely accepted practices around the state and to recognize that, as in most areas of the law, the most narrow, rigid reading of a word is rarely the correct one.

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