HN user

dctoedt

14,841 karma

I'm Dell Charles Toedt III. I've gone by "D.C." since birth because of the Roman numeral. My last name is pronounced "Tate."

I'm a lawyer in Houston (licensed in California also) and professor of practice at the University of Houston Law Center, teaching advanced business-contract drafting.

I used to be vice president and general counsel of BindView Corporation, a publicly-traded software company headquartered in Houston. As outside counsel, I'd helped the founders to start. We were acquired by Symantec.

I post sporadically at:

- http://www.OnContracts.com

- Startup Law 101 — a periodically-updated page of notes and links: http://www.OnContracts.com/startup-law

- The Questioning Christian, http://www.QuestioningChristian.org (lying fallow at the moment)

Undergrad: Math & physics. UT Austin alum for both college and law school.

In between college and law school, I did my ROTC scholarship payback time as a Navy nuclear engineering officer and ship-driver (SWO 1110) aboard the aircraft carrier USS Enterprise and was chief-engineer qualified.

More: http://www.OnContracts.com/About

Email: dc@toedt.com.

Here on HN I follow: 'grellas 'patio11 'rayiner 'tptacek 'DannyBee 'ChuckMcM 'DoreenMichele

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blog.ericgoldman.org 3mo ago

Prof. Eric Goldman on "sign-in wrap" decision from Judge Orrick

dctoedt
4pts0
www.wired.com 3mo ago

Google Now Lets You Change Your Gmail Address

dctoedt
13pts3
www.wsj.com 7mo ago

They Get Wheeled on Flights and Walk Off. Praise 'Jetway Jesus.'

dctoedt
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www.nbcnews.com 7mo ago

A Reddit tipster cracked the Brown University and MIT shooting cases

dctoedt
5pts0
www.boston.com 7mo ago

MIT [nuclear science] professor shot and killed in his Brookline home

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13pts1
www.economist.com 7mo ago

Jane Austen revealed the economic basis of society

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www.reuters.com 10mo ago

Apple used AI, heart study data for Watch blood pressure feature

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3pts0
www.nytimes.com 10mo ago

Elon Musk Could Become First Trillionaire Under New Tesla Pay Plan

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www.tomshardware.com 11mo ago

Bill Gates and Linus Torvalds meet for 1st time, have dinner

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3pts2
docquery.fec.gov 1y ago

America Party (AMEP) FEC Form 1

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5pts6
www.wsj.com 1y ago

Marina von Neumann Whitman, economist, dies at 90

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8pts0
brevity.wordpress.com 1y ago

Writing with AI: The Power of the Smarmy First Draft

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2pts0
www.theatlantic.com 1y ago

Will Iran Be Next? (2004)

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4pts0
www.wired.com 1y ago

(20th Anniv.) How Steve Jobs Wrote the Greatest Commencement Speech Ever

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2pts0
www.imemories.com 1y ago

iMemories TOS: We're free to use your videos, photos, etc., that we process

dctoedt
3pts1
news.ycombinator.com 1y ago

Ask HN: Why does my iPhone show me ads relevant to a dinner conversation?

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en.wikipedia.org 1y ago

MS Zenobia: Cargo ship capsizes, sinks due to ballasting software bug (1980)

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2pts0
apnews.com 2y ago

Beneath offshore [Danish] wind turbines, researchers [farm] seafood and seaweed

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3pts0
www.wsj.com 2y ago

'Digital Twins' [Simulators] Could Revolutionize Planes, Cars and Hearts

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www.space.com 2y ago

To calibrate telescopes on Earth, NASA's launching an 'artificial star' to orbit

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www.marketwatch.com 2y ago

Third Point confirms funding chipmaker R2 patent suits against Intel (unlocked)

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www.nytimes.com 2y ago

Math Is the Answer to More Than One Question [Nonpaywalled]

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3pts0
www.sfgate.com 2y ago

Netflix's 'Rebel Moon' is one of the worst movies ever made [funny]

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www.nytimes.com 2y ago

Tolkien estate wins court order to destroy fan's 'Lord of the Rings' sequel

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www.nytimes.com 2y ago

We Can't Stop Writing Paper Checks. Thieves Love That

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www.reuters.com 2y ago

US trade tribunal issues potential Apple Watch import ban

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www.recodingamerica.us 3y ago

Recoding America by Jennifer Pahlka

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www.wsj.com 3y ago

Eric Schmidt: The Future of War Has Come in Ukraine: Drone Swarms

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6pts7
www.wsj.com 3y ago

Singapore gets rid of its trash (video) (6:09)

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twitter.com 3y ago

Ed Fredkin has reportedly died

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5pts0

I think sooner or later, Iran will succeed in sinking a big US ship

Sinking or even just seriously damaging a U.S. aircraft carrier — approx. 5K people in crew + airwing, billions of dollars in ship and aircraft — might trigger a Pearl-Harbor or 9/11 fury among the American public. No U.S. president could get away with even a "proportionate" response, let alone doing nothing.

Think of the Tonkin Gulf incident in 1965, which led to the U.S.'s widened involvement in Vietnam on the basis of grossly-distorted reports about alleged attacks — which never happened — on U.S. destroyers (which are comparatively small ships). [0] If Iran were to actually sink a U.S. aircraft carrier, then Trump-Hegseth-Miller might well nuke Tehran in response.

We sure as hell don't need anything like the assassination of Archduke Franz Ferdinand in Sarajevo in 1914 by a terrorist. It triggered a cascade of some of the stupidest and costliest government decisions in history. Belgrade, Vienna, St. Petersburg, Berlin, Paris, London, they all effed it up almost beyond belief. WWI cost millions of lives and untold billions in resources that could have been put to far better use. Iran sinking a U.S. carrier could be a similar trigger.

[0] https://en.wikipedia.org/wiki/Gulf_of_Tonkin_incident

I can be absolutely certain of my perception and recollection of what my consciousness is experiencing and has experienced.

There's abundant evidence to the contrary — at least as far as your recollection of what your consciousness previously experienced.

(IOW: Memory is extremely fallible.)

If there's anything worth defending, people will volunteer to defend it.

That's a pretty binary view of the situation. It's not enough for something to be worth defending: People have to recognize that it's worth defending — and that might not happen instantaneously, because "people" come to appreciate things at very different rates.

It is called forced labour or slavery.

In war, people who tolerate military conscription and discipline will conquer those who're slaves to pigheaded "you're not the boss of ME!" individualism.

It'd be nice if humans would voluntarily abandon war someday. But a corollary of the First Commandment is to face facts.

Neither of the jury verdicts altered the reality of whether Simpson did or didn’t kill the two victims.

(In Simpson’s second trial, the jury found him liable, not “guilty.” Guilt is the term used in criminal prosecutions. Liability is the term used in civil cases.)

"Innocent until proven guilty" concerns whether someone did a crime

See my upthread comment: "Innocent until proven guilty" is catchy but false.

innocent until proven guilty

Pithy but untrue. The verbose-but-correct statement is about procedural prerequisites: Government officials are forbidden to imprison or fine you until your guilt is proved, to an impartial and properly-instructed jury in a fair trial, beyond a reasonable doubt. (The Scots have the better formulation for criminal cases: Guilty, or not proved.)

Illustration: OJ Simpson was found not guilty [sic] in his criminal trial. So he couldn't be imprisoned. But then a different jury found — under the lower, preponderance of the evidence standard — that Simpson did indeed murder his ex-wife and the other guy. The latter case was the civil action for wrongful death, brought by the survivors of his victims. The survivors won a $33.5M verdict. Simpson's assets were seized, and sold at a court-ordered auction, to pay the judgment — including his Heisman Trophy.

And Brian Reid's Scribe formatter [0] — so much nicer than roff, troff, etc. (descendants of Runoff). In 1981-82 I wrote a user manual and taught my fellow law-review editors — none of whom were computer people — how to use both Emacs and Scribe (PDP-11 / TOPS20). It was a real boon, freeing up our paid secretary from having to repeatedly retype manuscripts after we'd edited them, and cutting down on printer errors that had to be hand-corrected on galley proofs.

[0] https://apps.dtic.mil/sti/tr/pdf/ADA125287.pdf (Brian Reid's CMU Ph.D dissertation a.k.a. a manual for Scribe).

a fairly narrow class of credentialed bureaucrats, entry into which is gatekept by elite universities and professional organizations.

Now take the next step: Explicitly state, and then defend, your implied premise, namely that it's bad to be governed by people who, from education and experience, have come to know something about their subject areas — and that we should be happy to invite the ignorant, the misguided, and the charlatan to exercise power and authority.

accepting that Congress is free to set things up as it sees fit within the Constitutional constraints.

The unitary-executive crowd worships a golden calf, namely the first three words of Article 2: "The executive Power shall be vested in a President of the United States of America."

One could argue that the "executive Power" is whatever the Congress says it is. Suppose that a future Congress were to decide that the president is to be, basically, the butler for the federal government — think Mr. Carson on Downton Abbey, in charge of the household staff but still very much a servant himself — with of course the other specifically-enumerated presidential powers (read: duties) in the remainder of Article 2. It's hard to say in advance that such a hypothetical congressional action would be categorically inconsistent with the Framers' intentions.

An emacs routine to convert a region of org-mode formatting to Markdown formatting and put into the clipboard:

  ;; Written by Claude 2026-06-06 
  (defun my/org-to-markdown-clipboard ()
    "Export org region (or buffer) to Markdown and copy to clipboard.
  With no active region, exports the whole buffer."
    (interactive)
    (require 'ox-md)
    (let* ((text (if (use-region-p)
                     (buffer-substring-no-properties (region-beginning) (region-end))
                   (buffer-substring-no-properties (point-min) (point-max))))
           (md (org-export-string-as text 'md t '(:with-toc nil
                                                  :with-author nil
                                                  :with-date nil
                                                  :with-title nil))))
      (kill-new md)
      (message "Markdown copied (%d chars)" (length md))))
  
  (with-eval-after-load 'org
    (define-key org-mode-map (kbd "C-c m") #'my/org-to-markdown-clipboard))

[Re: Starship Troopers] The book, however, represents a weightier piece of analysis in its own right and provides some fascinating insights into fascism, civil and civic duty, and the role of the individual in the machine.

One of my favorites as a teen, and it holds up reasonably well for me decades later. I didn't see it as insights into fascism so much as a meditation into what it would take to keep a global, and later interstellar, society functioning. Yes, there was emphasis on duty, but not to an excess (ISTM), and not a surprise considering Heinlein's U.S. Naval Academy background and subsequent service.

That’s really splitting hairs.

As software people are keenly aware, accuracy in writing is important.

The Republic of Vietnam was a dead man walking, but it was a United States puppet state, and they finally collapsed in 1975.

I don't disagree. In hindsight, the U.S.'s political strategy was disastrous. American decisionmakers — like all of us — had to make their best judgments based on education and experience (and the often-malign influence of groupthink). Some factors were especially salient:

• As WWII ended, the "Atlanticists" in the State Department supported France's insistence on retaining their Southeast Asian colonies (IIRC, because the U.S. wanted a strong anticommunist France to help stand up to Stalin and the Red Army after Germany's surrender). Also IIRC, FDR was inclined to support Ho Chi Minh's independence movement, but he was gravely ill by then.

• The American political class was very much aware of the lessons of Munich in 1938; of Stalin's conquest of Eastern Europe in 1945; and of North Korea's invasion of South Korea in 1950. It wasn't unreasonable for them to fear the spread of totalitarian communism.

• The governing Democratic Party was acutely aware of the political impact of McCarthyism in the 1950s, including being incessantly attacked by the GOP for having "lost" China in 1949 (as if China was ours to lose).

• Douglas MacArthur's advice to President Kennedy — not to put troops on the ground in Asia — didn't carry the day. [0]

Those interested in this debacle should read David Halberstam's magisterial book The Best and the Brightest. [1]

[0] https://thediplomat.com/2018/10/a-new-take-on-general-macart...

[1] https://en.wikipedia.org/wiki/The_Best_and_the_Brightest

FTA: the defeat of American troops and fall of Saigon in 1975

This is a bit misleading: Yes, strategically the U.S. was defeated in 1975, but U.S. troops had pulled out in 1973, having essentially never been beaten on the battlefield — not that it matters, of course.

It's even harder than "clearly erroneous" (the standard applied when a judge makes fact findings without a jury). Under the Seventh Amendment, if a hypothetical reasonable jury could have reached the result that the actual jury did, then that's the ball game [0], even if the trial judge or appellate-court judges would have reached a different result.

[0] Assuming that the trial judge didn't materially screw up in admitting or excluding evidence, or in instructing the jury about the law, and also assuming no proof of juror bias or improper influence.

You would be surprised at the number of frivolous lawsuits and seemingly "zero risk" decisions that wind up turning into actual legal risk and legal fees. [¶] The legal world is a lot more complicated than you think.

The law is a lot like an app: It has to take into account a gazillion edge cases and corner cases — not to mention that people can be ignorant and/or malicious. It really is complicated, as you say above.

Well done on not hurling insults at @ndriscoll, BTW. Personal attacks don't persuade the target, and they can turn off onlookers who might be undecided. (Competent lawyers learn early that judges and jurors don't like personal attacks and can be less inclined to believe the attacker.)

I was in Iowa a few years ago, and the food is awful. ... I suspect it’s always been awful, and people just don’t care about it very much as long as they get the calories they need.

Um: My dad grew up in Iowa, so I'd be there seeing family every so often. Years ago it struck me how many Iowans I saw there were ... not svelte.

This suggests a "knife skills" automatic habit to cultivate:† Whenever opening anything, point it away from your face, or at least move your face out of the line of fire. (Champagne, soda bottles, whatever.)

† "Knife skills" automatic habits = things such as, • always cut away from yourself; • whenever holding something down with the non-knife hand to be cut, curl that hand's fingers under, so that the non-knife hand's knuckles serve as a guard for that hand's finger tips.