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RESOLVED: JUDGES DECIDE CASES ON THE BASIS OF FAIRNESS, NOT LAW

Any credible disagreement with this proposition?
magical university
  02/09/12
Did they not teach you about equity vs law? In old England t...
salmon casino
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
magical university
  02/09/12
You think Segal and Spaeth haven't been criticized many time...
Adventurous Principal's Office Feces
  02/10/12
I still think they're right, as flawed as their study might ...
snowy hideous legal warrant stage
  02/10/12
http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2....
magical university
  07/23/12
...
magical university
  10/06/15
Gross simplification of British law.
Stirring hell generalized bond
  03/22/12
I tend to agree with slim. However, there are the rare occur...
Razzle cheese-eating dog poop bawdyhouse
  02/10/12
he is absolutely correct if you replace "fair" wit...
Peach hairless plaza brethren
  02/10/12
TYFT, brother. I agree whole-heartedly. Care to elaborate?
magical university
  02/10/12
...
magical university
  12/21/12
false (see dismissals on basis of statute of limitations pro...
lime keepsake machete point
  02/09/12
cr
Overrated wine state candlestick maker
  02/09/12
provide please several citations to such dismissals along wi...
bearded sepia milk gaping
  02/09/12
...
Pungent Mustard French Chef
  02/09/12
Duh! Those obvious cases are where the judge just applies th...
magical university
  02/09/12
procedural defects aren't always clear-cut
Beta dragon space
  02/09/12
So do judges decide the bar on successive motions of habeas ...
magical university
  02/09/12
don't know, don't care
Beta dragon space
  02/09/12
...
magical university
  09/16/15
...
magical university
  03/21/12
I find 'fairness' a weird name for what you're getting at
snowy hideous legal warrant stage
  02/09/12
What's a better word? I am trying to say that a judge decide...
magical university
  02/09/12
you are 100% correct
Peach hairless plaza brethren
  02/10/12
whats a better word then?
magical university
  04/17/12
...
magical university
  03/22/12
most procedural errors are corrected via motion for leave to...
Light Philosopher-king
  02/09/12
Very cogent, brother. Expand a little please.
magical university
  02/09/12
no
Light Philosopher-king
  02/09/12
lol
gaped aphrodisiac son of senegal heaven
  12/21/12
...
confused flesh organic girlfriend elastic band
  04/07/17
(says something unintelligent about equitable tolling)
Lascivious pocket flask spot
  02/09/12
Even tolling is applied according to fairly rigid doctrines....
lime keepsake machete point
  02/09/12
How about at the COA and SCOTUS level?
magical university
  02/09/12
what an idiot
snowy hideous legal warrant stage
  02/09/12
http://en.wikipedia.org/wiki/United_States_v._Reynolds
Amber passionate depressive jap
  02/09/12
What about Maher Arar, brother?
magical university
  02/09/12
uh, by definition, thats what equity courts are supposed to ...
Curious station
  02/09/12
even for courts of chancery, they decide on the basis of fai...
magical university
  02/09/12
if chancery is the same as equity, then yes, that is the leg...
Curious station
  02/09/12
...
magical university
  02/09/12
well duh, they're courts of chancery
Lascivious pocket flask spot
  02/09/12
...
magical university
  09/23/12
Twist: the law is fair
Exhilarant sinister hospital psychic
  02/09/12
if law was fair, this guy would have gotten monetary relief....
magical university
  02/09/12
But Slim, what argument that proceeding w his litigation sev...
Exhilarant sinister hospital psychic
  02/09/12
The invocation of the State Secret privilege in this case wa...
magical university
  02/09/12
That statement standing alone seems a little conclusory. Des...
Exhilarant sinister hospital psychic
  02/09/12
read david cole's brief man. He litigated the case on appeal...
magical university
  02/09/12
...
magical university
  09/30/15
to be fair, no (see bush v. gore)
High-end party of the first part coffee pot
  02/09/12
ya that was decided on the basis of fairness
magical university
  02/09/12
Sarcasm?
Exhilarant sinister hospital psychic
  02/09/12
the conservative bloc thought it was fair to give the electi...
magical university
  02/09/12
But you didn't think it was. amirite
Exhilarant sinister hospital psychic
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
magical university
  02/09/12
...
magical university
  10/20/15
...
magical university
  03/13/12
lol, just lol
High-end party of the first part coffee pot
  02/09/12
Korematsu v. US
provocative hateful mad cow disease set
  02/09/12
fairness again
magical university
  02/09/12
Korematsu would disagree with you.
provocative hateful mad cow disease set
  02/09/12
then what did they decide the case on ? not on the law...on ...
magical university
  02/09/12
exigency =/= fairness.
snowy hideous legal warrant stage
  02/09/12
titocr
provocative hateful mad cow disease set
  02/09/12
define fairness, brother. is fairness some intangible, publi...
provocative hateful mad cow disease set
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
magical university
  02/09/12
attitudes/values =/= fairness
snowy hideous legal warrant stage
  02/09/12
You've never noticed that your COA judge decides on the basi...
magical university
  02/09/12
attitudes are not fairness, brother. also, my judge (who I'm...
snowy hideous legal warrant stage
  02/09/12
I know the law might suggest an outcome, but ultimately, in ...
magical university
  02/09/12
why the fuck does that matter, a hard case by definition is ...
snowy hideous legal warrant stage
  02/09/12
Hard cases are where the stakes tend to be extremely high on...
magical university
  02/09/12
but you see, that's a HARD CASE about which the constitution...
snowy hideous legal warrant stage
  02/09/12
There you go, brother. You just recognized my point. Have yo...
magical university
  02/09/12
but strong indeterminacy is bullshit, 99% of law is settled
snowy hideous legal warrant stage
  02/09/12
I just fucking said that. Christ. Thoughts on Critical L...
magical university
  02/09/12
you so did not just fucking say that
snowy hideous legal warrant stage
  02/09/12
Oh apologies, brother. I meant I was NOT advocating Crit. Th...
magical university
  02/09/12
...
Razzmatazz offensive ticket booth
  10/20/15
...
magical university
  04/12/12
...
magical university
  09/15/12
...
magical university
  04/11/12
...
Exhilarant sinister hospital psychic
  04/12/12
...
magical university
  07/13/12
...
magical university
  04/14/12
i smoke cocks. not bragging. just being.
Bright whorehouse
  02/10/12
1s agin the best poast itt
Bistre histrionic corn cake
  02/10/12
Wrong. For example, there are tons of empirical studies show...
arousing bat-shit-crazy juggernaut
  02/10/12
nice "pretending to not know that ssm is flame/retarded...
snowy hideous legal warrant stage
  02/10/12
someone's gotta feed the fire man
arousing bat-shit-crazy juggernaut
  02/10/12
Fairness includes ideological preference. All I am trying to...
magical university
  02/10/12
...
Exhilarant sinister hospital psychic
  05/06/12
Apt, timely example: United States v. Jones. Whatever tha...
mahogany anal garrison
  02/10/12
Thank you brother. Also, can you discuss whether Justice ...
magical university
  02/10/12
FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASE...
magical university
  02/26/12
Your position is interesting, and perhaps even persuasive, b...
henna abode
  04/14/12
Why, brother? Where you been?
magical university
  04/14/12
Just messing with you man. I've been in lurk mode lately ma...
henna abode
  04/14/12
How is California legal practice treating u, brother?
magical university
  04/14/12
I like it for the most part man. I'm getting put on some fai...
henna abode
  04/14/12
ahh nice, brother. Are you trying to open up your own place ...
magical university
  04/14/12
that would be awesome, but I don't think I'm entrepreneurial...
henna abode
  04/14/12
pretty easy argument when you define fairness as anything th...
Razzmatazz offensive ticket booth
  04/14/12
Your sophistication on these matters is utterly rudimentary....
magical university
  04/14/12
explain in a cogent sentence please
Razzmatazz offensive ticket booth
  04/14/12
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?ar...
magical university
  04/14/12
that's not a sentence brother. whose supreme court justic...
Razzmatazz offensive ticket booth
  04/14/12
...
magical university
  05/23/12
...
Copper Spectacular Step-uncle's House Tattoo
  10/07/12
...
Copper Spectacular Step-uncle's House Tattoo
  10/16/12
miss this guy
talented coldplay fan resort
  03/27/14
...
henna abode
  12/12/14
NFL refs too
fluffy site mother
  10/06/15
...
magical university
  10/20/15
...
mint legend liquid oxygen
  10/20/15
...
confused flesh organic girlfriend elastic band
  04/07/17
...
jade thriller rehab indirect expression
  05/26/18
...
confused flesh organic girlfriend elastic band
  06/27/18
...
jade thriller rehab indirect expression
  09/20/18
This is a question of legal philosophy. See “The Case of the...
cruel-hearted cruise ship
  09/20/18
Honestly, I agree, especially at the appellate level. If th...
Swashbuckling trump supporter
  09/20/18


Poast new message in this thread



Reply Favorite

Date: February 9th, 2012 12:02 PM
Author: magical university

Any credible disagreement with this proposition?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930168)



Reply Favorite

Date: February 9th, 2012 4:16 PM
Author: salmon casino

Did they not teach you about equity vs law? In old England they actually had two kinds of courts. One that ruled based on law and other that ruled based on fairness.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931572)



Reply Favorite

Date: February 9th, 2012 8:38 PM
Author: magical university

See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPREME COURT AND THE ATTITUDINAL MODEL (2001) (arguing that Supreme Court Justices decide cases based on political attitudes

and values rather than on legal considerations).

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933309)



Reply Favorite

Date: February 10th, 2012 1:55 AM
Author: Adventurous Principal's Office Feces

You think Segal and Spaeth haven't been criticized many times in the literature? Are you just now coming across this citation? Lol, brother, lol.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935652)



Reply Favorite

Date: February 10th, 2012 2:02 AM
Author: snowy hideous legal warrant stage

I still think they're right, as flawed as their study might be in this way or that

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935681)



Reply Favorite

Date: July 23rd, 2012 2:13 PM
Author: magical university

http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2.jpg

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21155031)



Reply Favorite

Date: October 6th, 2015 12:30 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28910878)



Reply Favorite

Date: March 22nd, 2012 12:38 PM
Author: Stirring hell generalized bond

Gross simplification of British law.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20267597)



Reply Favorite

Date: February 10th, 2012 3:34 AM
Author: Razzle cheese-eating dog poop bawdyhouse

I tend to agree with slim. However, there are the rare occurrences when Judges rule in accordance with procedural law that results in an otherwise inequitable outcome. During the rare instances that I'm working on the defense side, I shoot for the quick technical win and sometimes you get the job done with the support from the Judge, all the while knowing that the other side clearly has merit.

I would hope that fairness dictates our judicial processes, but what is fairness? To say that ulterior motives are never a factor is to say that Judges are inhuman machines.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935879)



Reply Favorite

Date: February 10th, 2012 8:26 AM
Author: Peach hairless plaza brethren

he is absolutely correct if you replace "fair" with "whatever the judge thinks is the "right" answer"

anyone who disputes this is a fucking retard.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19936282)



Reply Favorite

Date: February 10th, 2012 8:47 PM
Author: magical university

TYFT, brother. I agree whole-heartedly. Care to elaborate?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19939799)



Reply Favorite

Date: December 21st, 2012 11:18 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#22294286)



Reply Favorite

Date: February 9th, 2012 12:06 PM
Author: lime keepsake machete point

false (see dismissals on basis of statute of limitations procedural errors etc)

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930195)



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: Overrated wine state candlestick maker

cr

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930213)



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: bearded sepia milk gaping

provide please several citations to such dismissals along with a cogent and succinct summary of each case.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930216)



Reply Favorite

Date: February 9th, 2012 12:13 PM
Author: Pungent Mustard French Chef



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930248)



Reply Favorite

Date: February 9th, 2012 3:16 PM
Author: magical university

Duh! Those obvious cases are where the judge just applies the law. But in hard cases like Romer v Evans, Heller, and so forth, a decision is made on the basis of fairness.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931274)



Reply Favorite

Date: February 9th, 2012 4:05 PM
Author: Beta dragon space

procedural defects aren't always clear-cut

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931518)



Reply Favorite

Date: February 9th, 2012 4:06 PM
Author: magical university

So do judges decide the bar on successive motions of habeas relief on the basis of fairness?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931520)



Reply Favorite

Date: February 9th, 2012 4:08 PM
Author: Beta dragon space

don't know, don't care

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931531)



Reply Favorite

Date: September 16th, 2015 12:44 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28766995)



Reply Favorite

Date: March 21st, 2012 10:47 AM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20257024)



Reply Favorite

Date: February 9th, 2012 5:43 PM
Author: snowy hideous legal warrant stage

I find 'fairness' a weird name for what you're getting at

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932013)



Reply Favorite

Date: February 9th, 2012 8:08 PM
Author: magical university

What's a better word? I am trying to say that a judge decides cases on the basis of his own personal view as to what the best/just outcome should be according to his own peculiar worldview.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933138)



Reply Favorite

Date: February 10th, 2012 8:31 AM
Author: Peach hairless plaza brethren

you are 100% correct



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19936288)



Reply Favorite

Date: April 17th, 2012 9:00 AM
Author: magical university

whats a better word then?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20481268)



Reply Favorite

Date: March 22nd, 2012 11:58 AM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20267364)



Reply Favorite

Date: February 9th, 2012 3:23 PM
Author: Light Philosopher-king

most procedural errors are corrected via motion for leave to amend.

it can be argued that it is fair not to subject someone to suit after a significant amount of time (the limitations period) has passed.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931301)



Reply Favorite

Date: February 9th, 2012 3:24 PM
Author: magical university

Very cogent, brother. Expand a little please.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931304)



Reply Favorite

Date: February 9th, 2012 3:27 PM
Author: Light Philosopher-king

no

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931325)



Reply Favorite

Date: December 21st, 2012 11:33 PM
Author: gaped aphrodisiac son of senegal heaven

lol

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#22294360)



Reply Favorite

Date: April 7th, 2017 11:03 PM
Author: confused flesh organic girlfriend elastic band



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#33022612)



Reply Favorite

Date: February 9th, 2012 5:48 PM
Author: Lascivious pocket flask spot

(says something unintelligent about equitable tolling)

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932040)



Reply Favorite

Date: February 9th, 2012 9:41 PM
Author: lime keepsake machete point

Even tolling is applied according to fairly rigid doctrines. OP's assertion is garbage at the trial court level where courts don't stray much from the rules and doctrines set forth from above. Obviously the Supreme Court is more likely to take account of fluffy policy considerations.

I guess it depends on how you define fairness. I believe OP is trying to argue that courts don't follow precedent or doctrines and make decisions according to their notions of justice and good policy which really isn't all that true at the lower court levels.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933674)



Reply Favorite

Date: February 9th, 2012 9:42 PM
Author: magical university

How about at the COA and SCOTUS level?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933679)



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: snowy hideous legal warrant stage

what an idiot

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930214)



Reply Favorite

Date: February 9th, 2012 3:32 PM
Author: Amber passionate depressive jap

http://en.wikipedia.org/wiki/United_States_v._Reynolds

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931347)



Reply Favorite

Date: February 9th, 2012 3:33 PM
Author: magical university

What about Maher Arar, brother?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931355)



Reply Favorite

Date: February 9th, 2012 3:37 PM
Author: Curious station

uh, by definition, thats what equity courts are supposed to do.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931372)



Reply Favorite

Date: February 9th, 2012 3:57 PM
Author: magical university

even for courts of chancery, they decide on the basis of fairness

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931470)



Reply Favorite

Date: February 9th, 2012 5:50 PM
Author: Curious station

if chancery is the same as equity, then yes, that is the legal standard they apply: what is fair.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932054)



Reply Favorite

Date: February 9th, 2012 9:26 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933582)



Reply Favorite

Date: February 9th, 2012 5:51 PM
Author: Lascivious pocket flask spot

well duh, they're courts of chancery

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932067)



Reply Favorite

Date: September 23rd, 2012 11:18 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21645753)



Reply Favorite

Date: February 9th, 2012 4:02 PM
Author: Exhilarant sinister hospital psychic

Twist: the law is fair

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931502)



Reply Favorite

Date: February 9th, 2012 4:04 PM
Author: magical university

if law was fair, this guy would have gotten monetary relief.

http://en.wikipedia.org/wiki/Maher_Arar

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931513)



Reply Favorite

Date: February 9th, 2012 4:07 PM
Author: Exhilarant sinister hospital psychic

But Slim, what argument that proceeding w his litigation severely impairs post-9/11 American foreign policy? I.e., fairer to protect American people than this dood. Your take?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931528)



Reply Favorite

Date: February 9th, 2012 4:09 PM
Author: magical university

The invocation of the State Secret privilege in this case was invoked disingeniously.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931537)



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: Exhilarant sinister hospital psychic

That statement standing alone seems a little conclusory. Describe why if you could

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931550)



Reply Favorite

Date: February 9th, 2012 4:34 PM
Author: magical university

read david cole's brief man. He litigated the case on appeal to the 2nd cir. with CCR

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931671)



Reply Favorite

Date: September 30th, 2015 9:40 AM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28867546)



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: High-end party of the first part coffee pot

to be fair, no (see bush v. gore)

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931546)



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: magical university

ya that was decided on the basis of fairness

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931549)



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: Exhilarant sinister hospital psychic

Sarcasm?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931553)



Reply Favorite

Date: February 9th, 2012 4:12 PM
Author: magical university

the conservative bloc thought it was fair to give the election to bush.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931556)



Reply Favorite

Date: February 9th, 2012 4:15 PM
Author: Exhilarant sinister hospital psychic

But you didn't think it was. amirite

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931565)



Reply Favorite

Date: February 9th, 2012 8:38 PM
Author: magical university

See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPREME COURT AND THE ATTITUDINAL MODEL (2001) (arguing that Supreme Court Justices decide cases based on political attitudes

and values rather than on legal considerations

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933314)



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Date: October 20th, 2015 5:37 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#29008298)



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Date: March 13th, 2012 2:30 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20195801)



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Date: February 9th, 2012 4:12 PM
Author: High-end party of the first part coffee pot

lol, just lol

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931554)



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Date: February 9th, 2012 4:15 PM
Author: provocative hateful mad cow disease set

Korematsu v. US

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931567)



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Date: February 9th, 2012 4:30 PM
Author: magical university

fairness again

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931650)



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Date: February 9th, 2012 5:39 PM
Author: provocative hateful mad cow disease set

Korematsu would disagree with you.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931987)



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Date: February 9th, 2012 5:42 PM
Author: magical university

then what did they decide the case on ? not on the law...on the basis of exigency and thus fairness

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932005)



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Date: February 9th, 2012 5:49 PM
Author: snowy hideous legal warrant stage

exigency =/= fairness.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932046)



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Date: February 9th, 2012 5:55 PM
Author: provocative hateful mad cow disease set

titocr

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932082)



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Date: February 9th, 2012 5:50 PM
Author: provocative hateful mad cow disease set

define fairness, brother. is fairness some intangible, public good which usurps the individual's rights in exigent circumstances? please provide no less than 3 cogent, relevant examples in an expeditious manner. ty

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932052)



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Date: February 9th, 2012 8:07 PM
Author: magical university

See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPREME COURT AND THE ATTITUDINAL MODEL (2001) (arguing that Supreme Court Justices decide cases based on political attitudes

and values rather than on legal considerations)

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933128)



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Date: February 9th, 2012 9:32 PM
Author: snowy hideous legal warrant stage

attitudes/values =/= fairness

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933610)



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Date: February 9th, 2012 9:33 PM
Author: magical university

You've never noticed that your COA judge decides on the basis of fairness a given complaint?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933614)



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Date: February 9th, 2012 9:35 PM
Author: snowy hideous legal warrant stage

attitudes are not fairness, brother. also, my judge (who I'm not working for yet) always seems to agree with the other judges on their panels, and I find it hard to believe they all have the same views about the "fairness" of this or that. but they do agree on the law

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933625)



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Date: February 9th, 2012 9:37 PM
Author: magical university

I know the law might suggest an outcome, but ultimately, in the hard cases, don't you think the judges just think that their reasoning is outcome-driven?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933639)



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Date: February 9th, 2012 9:38 PM
Author: snowy hideous legal warrant stage

why the fuck does that matter, a hard case by definition is one where the law has probably run out

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933648)



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Date: February 9th, 2012 9:39 PM
Author: magical university

Hard cases are where the stakes tend to be extremely high on both sides, and in which decisions on the basis of fairness are most often generated.

Thoughts on DeShaney v. Winnebago County? Read that case. notice how the Justices decide the merits on the basis of their personal vision of fairness.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933655)



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Date: February 9th, 2012 9:45 PM
Author: snowy hideous legal warrant stage

but you see, that's a HARD CASE about which the constitution really says absolutely nothing one way or another, so yeah, what else are you going to rely on but your personal vision of the law

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933695)



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Date: February 9th, 2012 9:46 PM
Author: magical university

There you go, brother. You just recognized my point. Have you ever read the Legal Realists like Alan Watson? They sort of make the same point. I am advocating a Crit position a la Duncan Kennedy, Roberto Unger or Mark Tushnet (i.e. a strong indeterminacy argument).

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933705)



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Date: February 9th, 2012 9:51 PM
Author: snowy hideous legal warrant stage

but strong indeterminacy is bullshit, 99% of law is settled

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933744)



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Date: February 9th, 2012 9:53 PM
Author: magical university

I just fucking said that. Christ.

Thoughts on Critical Legal Studies?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933755)



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Date: February 9th, 2012 9:54 PM
Author: snowy hideous legal warrant stage

you so did not just fucking say that

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933767)



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Date: February 9th, 2012 9:56 PM
Author: magical university

Oh apologies, brother. I meant I was NOT advocating Crit. Thoughts on Crit theory?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933787)



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Date: October 20th, 2015 6:34 PM
Author: Razzmatazz offensive ticket booth



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#29008620)



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Date: April 12th, 2012 11:40 AM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20446400)



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Date: September 15th, 2012 1:09 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21584875)



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Date: April 11th, 2012 6:32 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20441378)



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Date: April 12th, 2012 11:43 AM
Author: Exhilarant sinister hospital psychic



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20446416)



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Date: July 13th, 2012 10:58 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21081826)



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Date: April 14th, 2012 3:52 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462006)



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Date: February 10th, 2012 2:03 AM
Author: Bright whorehouse

i smoke cocks. not bragging. just being.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935686)



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Date: February 10th, 2012 3:14 AM
Author: Bistre histrionic corn cake

1s agin the best poast itt

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935822)



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Date: February 10th, 2012 2:41 AM
Author: arousing bat-shit-crazy juggernaut

Wrong. For example, there are tons of empirical studies showing a strong correlation between the outcome of case and a judges political preference. These studies are all based off of published opinions (17% of all federal circuit court decisions are published... yes, this is the actual statistic), which include almost all of the "hard cases." If you believe these studies have at least some value, then it becomes pretty clear fairness alone is an oversimplification.

Posner has written extensively on this. Its really a combination of many things - pragmatism, ideological identity, legalism, sociology, etc. Way too many factors influence judges decision to say it comes down to "fairness."

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935767)



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Date: February 10th, 2012 2:43 AM
Author: snowy hideous legal warrant stage

nice "pretending to not know that ssm is flame/retarded/both" schtick

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935769)



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Date: February 10th, 2012 2:47 AM
Author: arousing bat-shit-crazy juggernaut

someone's gotta feed the fire man

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19935775)



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Date: February 10th, 2012 8:59 AM
Author: magical university

Fairness includes ideological preference. All I am trying to say--and to which you agree with--is that judges don't apply the law like its some brooding "thing" in the sky.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19936326)



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Date: May 6th, 2012 3:35 PM
Author: Exhilarant sinister hospital psychic



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20628241)



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Date: February 10th, 2012 11:36 AM
Author: mahogany anal garrison

Apt, timely example: United States v. Jones.

Whatever that mess of opinions actually establishes, it is a significant departure from settled Fourth Amendment doctrine. The Court just got creeped out by the "Big Brother" feel to it, and fished around for some way to say that the cops can't do that. Totally based on gut rxn, not sensible principles. Also, wrong, IMO.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19936767)



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Date: February 10th, 2012 11:40 AM
Author: magical university

Thank you brother.

Also, can you discuss whether Justice Alito's concurrence is based on notions of fairness?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19936784)



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Date: February 26th, 2012 12:59 PM
Author: magical university

FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASES ON THE BASIS OF FAIRNESS

The normal procedure followed by a judge in working with a law clerk on a decision or order is to discuss the case with the law clerk, advise him/her of the decision and approach to be taken, as well as to discuss the style in which the decision or order is to be written. The law clerk then independently conducts the necessary research and prepares the draft decision or order for the judge's review. Outstanding critical analysis and writing skills are therefore essential. Law clerks will have the opportunity to sit in on parts of trials, oral arguments and mediations.

It is highly preferable for candidates to have taken the bar exam prior to commencing their clerkships. Appointees commencing work prior to passing the bar exam are designated by the Office of Personnel Management as "Law Clerk" – a designation that cannot under any circumstances exceed 14 months and cannot be extended. This means that the appointee must pass the bar exam before the 14-month period ends. Once admitted to the bar of any state, the appointee’s designation is converted to "Attorney Advisor."

The FERC law clerk position requires a firm two-year commitment. The energy field is highly technical and requires substantial training to achieve competence. Once achieved, however, this competence affords our attorney advisors highly coveted and otherwise unavailable employment opportunities, both within the agency and in prestigious private law firms throughout the country. FERC law clerks typically receive multiple job offers within weeks of becoming eligible to interview (after twenty-two (22) months of service).

As a general rule the starting grade for law clerks at FERC is GS-11, currently starting at $62,467, where one or more of the following apply:

(1) Top third of law school graduating class.

(2) Member, Law Review.

(3) Member, Order of the Coif.

(4) Winner of moot court competition; member of law school moot court team.

(5) Full-time or continuous participation in a legal aid program.

(6) Significant summer law office clerk experience, particularly in the economic or energy regulatory fields.

(7) Other equivalent evidence of superior achievement.

Law clerks also receive such annual cost of living increases as may be approved by the Congress each January. In addition, if performing at the fully successful level at the end of the first year, the law clerk will be eligible for promotion to GS-12, currently starting at $74,872 (plus any cost of living increases).

GEOGRAPHIC PREFERENCE

Washington Metro Area

POSITION TYPE

Entry Level Attorney

DESIRED APPLICANT TYPE

Current Student, Alumni

LOCATION(S)

City

Washington

State/Province

District of Columbia

Country

United States

COMPENSATION

See description section.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20057958)



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Date: April 14th, 2012 3:58 PM
Author: henna abode

Your position is interesting, and perhaps even persuasive, but I'm not sure that it is COGENT.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462036)



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Date: April 14th, 2012 3:59 PM
Author: magical university

Why, brother? Where you been?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462037)



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Date: April 14th, 2012 4:06 PM
Author: henna abode

Just messing with you man. I've been in lurk mode lately man. Not poasting much. I guess I'm just haven't been feeling inspired enough to participate in the noble dialogue.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462068)



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Date: April 14th, 2012 4:07 PM
Author: magical university

How is California legal practice treating u, brother?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462073)



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Date: April 14th, 2012 4:17 PM
Author: henna abode

I like it for the most part man. I'm getting put on some fairly interesting cases for how small the firm is.

Kinda stressing about developing a NICHE to separate myself from the general lit riffraff so I can lateral in a few years. Been trying to focus on environmental cases and the "business tort" cases (intentional interference with K, trade libel, etc.)

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462128)



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Date: April 14th, 2012 4:18 PM
Author: magical university

ahh nice, brother. Are you trying to open up your own place in the Bay Area?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462136)



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Date: April 14th, 2012 4:40 PM
Author: henna abode

that would be awesome, but I don't think I'm entrepreneurial enough. Would love to just lateral to a small firm in the Bay that does quality litigation, brother.

Are you working these days, brother?

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462250)



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Date: April 14th, 2012 4:01 PM
Author: Razzmatazz offensive ticket booth

pretty easy argument when you define fairness as anything the judge bases his opinion on

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462042)



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Date: April 14th, 2012 4:07 PM
Author: magical university

Your sophistication on these matters is utterly rudimentary.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462074)



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Date: April 14th, 2012 4:08 PM
Author: Razzmatazz offensive ticket booth

explain in a cogent sentence please

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462082)



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Date: April 14th, 2012 4:09 PM
Author: magical university

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1463&context=ilj

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462087)



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Date: April 14th, 2012 4:16 PM
Author: Razzmatazz offensive ticket booth

that's not a sentence brother.

whose supreme court justice's writing do you most admire brother

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20462126)



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Date: May 23rd, 2012 10:00 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20754774)



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Date: October 7th, 2012 7:25 PM
Author: Copper Spectacular Step-uncle's House Tattoo



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21736756)



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Date: October 16th, 2012 7:06 PM
Author: Copper Spectacular Step-uncle's House Tattoo



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21803706)



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Date: March 27th, 2014 10:56 AM
Author: talented coldplay fan resort

miss this guy

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#25270436)



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Date: December 12th, 2014 4:59 PM
Author: henna abode



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#26918434)



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Date: October 6th, 2015 12:37 PM
Author: fluffy site mother

NFL refs too

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28910900)



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Date: October 20th, 2015 5:41 PM
Author: magical university



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#29008326)



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Date: October 20th, 2015 6:22 PM
Author: mint legend liquid oxygen



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#29008554)



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Date: April 7th, 2017 11:02 PM
Author: confused flesh organic girlfriend elastic band



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#33022599)



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Date: May 26th, 2018 10:23 PM
Author: jade thriller rehab indirect expression



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#36133889)



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Date: June 27th, 2018 12:17 PM
Author: confused flesh organic girlfriend elastic band



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#36319016)



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Date: September 20th, 2018 1:37 PM
Author: jade thriller rehab indirect expression



(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#36849122)



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Date: September 20th, 2018 1:43 PM
Author: cruel-hearted cruise ship

This is a question of legal philosophy. See “The Case of the Speluncean Explorers” and analysis for further reading.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#36849153)



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Date: September 20th, 2018 1:44 PM
Author: Swashbuckling trump supporter

Honestly, I agree, especially at the appellate level. If there is any gray area and it could go either way, it is going the way they think is the right answer/consistent with their politics and views.

(http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#36849165)