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<p>[QUOTE="V. Kurt Bellman, post: 3154669, member: 71723"][USER=15309]@Lehigh96[/USER], it's obvious to us what the problem is. There is an "appeal process" to Doug, on paper, or rather in electrons. But in practice it doesn't seem to function, at least not to us. I work around the law, so I'll put this in courtroom terms. The "issue" is what is called "standard of review". When a higher court reviews the actions of a lower court, you need to know the "standard of review".</p><p><br /></p><p>The lowest one is <i>de novo</i>, in which the reviewing authority acts as if the first case were never heard below. They review from stone cold scratch. Now this would make Doug's life unbearable, and it's silly to expect Doug to review everything <i>de novo</i>.</p><p><br /></p><p>There is, in the law, a higher standard of review known as "clear error". If the court below has made a clear error of law, the higher court overrules. This would still be a heckuva workload on Doug.</p><p><br /></p><p>One of the highest standards of review, and the one I believe is in actual practice here, is called <i>abuse of discretion</i>. It's not enough that Doug thinks another mod might have made an erroneous call. Unless it was clearly out of line, an abuse of discretion, Doug will defer to his other moderator. This system has two main attributes. 1) VERY VERY few overturns will ever happen, or perhaps even really heard. 2) Errors go unfixed, sometimes pretty big ones.</p><p><br /></p><p>That's just my opinion. I could be wrong. I look at facts and make determinations of what likely causes them. It's kind of what I do for a living. That role doesn't respond well to "you don't know what you don't see" reasons. That's what the mob uses as excuses.</p><p><br /></p><p>Every one of our four U.S. major league sports used to have the standard of not interfering with the judgment of their officials/umpires. Do not second guess them. Well, they've all moved to a "get it right, no matter what it takes" standard, even to the point of World Cup Soccer taking VAR into use. The officials get calls wrong all the time, and people these days just don't have the stomach for it anymore.[/QUOTE]</p><p><br /></p>
[QUOTE="V. Kurt Bellman, post: 3154669, member: 71723"][USER=15309]@Lehigh96[/USER], it's obvious to us what the problem is. There is an "appeal process" to Doug, on paper, or rather in electrons. But in practice it doesn't seem to function, at least not to us. I work around the law, so I'll put this in courtroom terms. The "issue" is what is called "standard of review". When a higher court reviews the actions of a lower court, you need to know the "standard of review". The lowest one is [I]de novo[/I], in which the reviewing authority acts as if the first case were never heard below. They review from stone cold scratch. Now this would make Doug's life unbearable, and it's silly to expect Doug to review everything [I]de novo[/I]. There is, in the law, a higher standard of review known as "clear error". If the court below has made a clear error of law, the higher court overrules. This would still be a heckuva workload on Doug. One of the highest standards of review, and the one I believe is in actual practice here, is called [I]abuse of discretion[/I]. It's not enough that Doug thinks another mod might have made an erroneous call. Unless it was clearly out of line, an abuse of discretion, Doug will defer to his other moderator. This system has two main attributes. 1) VERY VERY few overturns will ever happen, or perhaps even really heard. 2) Errors go unfixed, sometimes pretty big ones. That's just my opinion. I could be wrong. I look at facts and make determinations of what likely causes them. It's kind of what I do for a living. That role doesn't respond well to "you don't know what you don't see" reasons. That's what the mob uses as excuses. Every one of our four U.S. major league sports used to have the standard of not interfering with the judgment of their officials/umpires. Do not second guess them. Well, they've all moved to a "get it right, no matter what it takes" standard, even to the point of World Cup Soccer taking VAR into use. The officials get calls wrong all the time, and people these days just don't have the stomach for it anymore.[/QUOTE]
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