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

Any credible disagreement with this proposition?
Soul-stirring den depressive
  02/09/12
Did they not teach you about equity vs law? In old England t...
black titillating business firm legend
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Soul-stirring den depressive
  02/09/12
You think Segal and Spaeth haven't been criticized many time...
Razzle poppy reading party
  02/10/12
I still think they're right, as flawed as their study might ...
Razzle-dazzle prole
  02/10/12
http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2....
Soul-stirring den depressive
  07/23/12
...
Soul-stirring den depressive
  10/06/15
Gross simplification of British law.
tan hospital private investor
  03/22/12
I tend to agree with slim. However, there are the rare occur...
cream lascivious hissy fit
  02/10/12
he is absolutely correct if you replace "fair" wit...
copper unhinged tank background story
  02/10/12
TYFT, brother. I agree whole-heartedly. Care to elaborate?
Soul-stirring den depressive
  02/10/12
...
Soul-stirring den depressive
  12/21/12
false (see dismissals on basis of statute of limitations pro...
Claret temple people who are hurt
  02/09/12
cr
Jet-lagged aphrodisiac headpube
  02/09/12
provide please several citations to such dismissals along wi...
Green Mind-boggling Piazza
  02/09/12
...
Stimulating autistic really tough guy
  02/09/12
Duh! Those obvious cases are where the judge just applies th...
Soul-stirring den depressive
  02/09/12
procedural defects aren't always clear-cut
disrespectful histrionic university telephone
  02/09/12
So do judges decide the bar on successive motions of habeas ...
Soul-stirring den depressive
  02/09/12
don't know, don't care
disrespectful histrionic university telephone
  02/09/12
...
Soul-stirring den depressive
  09/16/15
...
Soul-stirring den depressive
  03/21/12
I find 'fairness' a weird name for what you're getting at
Razzle-dazzle prole
  02/09/12
What's a better word? I am trying to say that a judge decide...
Soul-stirring den depressive
  02/09/12
you are 100% correct
copper unhinged tank background story
  02/10/12
whats a better word then?
Soul-stirring den depressive
  04/17/12
...
Soul-stirring den depressive
  03/22/12
most procedural errors are corrected via motion for leave to...
vibrant weed whacker set
  02/09/12
Very cogent, brother. Expand a little please.
Soul-stirring den depressive
  02/09/12
no
vibrant weed whacker set
  02/09/12
lol
puce exciting property
  12/21/12
...
Appetizing Rehab
  04/07/17
(says something unintelligent about equitable tolling)
Buck-toothed brunch
  02/09/12
Even tolling is applied according to fairly rigid doctrines....
Claret temple people who are hurt
  02/09/12
How about at the COA and SCOTUS level?
Soul-stirring den depressive
  02/09/12
what an idiot
Razzle-dazzle prole
  02/09/12
http://en.wikipedia.org/wiki/United_States_v._Reynolds
Talking supple clown pistol
  02/09/12
What about Maher Arar, brother?
Soul-stirring den depressive
  02/09/12
uh, by definition, thats what equity courts are supposed to ...
bateful opaque dog poop
  02/09/12
even for courts of chancery, they decide on the basis of fai...
Soul-stirring den depressive
  02/09/12
if chancery is the same as equity, then yes, that is the leg...
bateful opaque dog poop
  02/09/12
...
Soul-stirring den depressive
  02/09/12
well duh, they're courts of chancery
Buck-toothed brunch
  02/09/12
...
Soul-stirring den depressive
  09/23/12
Twist: the law is fair
swashbuckling harsh public bath friendly grandma
  02/09/12
if law was fair, this guy would have gotten monetary relief....
Soul-stirring den depressive
  02/09/12
But Slim, what argument that proceeding w his litigation sev...
swashbuckling harsh public bath friendly grandma
  02/09/12
The invocation of the State Secret privilege in this case wa...
Soul-stirring den depressive
  02/09/12
That statement standing alone seems a little conclusory. Des...
swashbuckling harsh public bath friendly grandma
  02/09/12
read david cole's brief man. He litigated the case on appeal...
Soul-stirring den depressive
  02/09/12
...
Soul-stirring den depressive
  09/30/15
to be fair, no (see bush v. gore)
Cerebral Narrow-minded Mood
  02/09/12
ya that was decided on the basis of fairness
Soul-stirring den depressive
  02/09/12
Sarcasm?
swashbuckling harsh public bath friendly grandma
  02/09/12
the conservative bloc thought it was fair to give the electi...
Soul-stirring den depressive
  02/09/12
But you didn't think it was. amirite
swashbuckling harsh public bath friendly grandma
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Soul-stirring den depressive
  02/09/12
...
Soul-stirring den depressive
  10/20/15
...
Soul-stirring den depressive
  03/13/12
lol, just lol
Cerebral Narrow-minded Mood
  02/09/12
Korematsu v. US
Slate Jap
  02/09/12
fairness again
Soul-stirring den depressive
  02/09/12
Korematsu would disagree with you.
Slate Jap
  02/09/12
then what did they decide the case on ? not on the law...on ...
Soul-stirring den depressive
  02/09/12
exigency =/= fairness.
Razzle-dazzle prole
  02/09/12
titocr
Slate Jap
  02/09/12
define fairness, brother. is fairness some intangible, publi...
Slate Jap
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Soul-stirring den depressive
  02/09/12
attitudes/values =/= fairness
Razzle-dazzle prole
  02/09/12
You've never noticed that your COA judge decides on the basi...
Soul-stirring den depressive
  02/09/12
attitudes are not fairness, brother. also, my judge (who I'm...
Razzle-dazzle prole
  02/09/12
I know the law might suggest an outcome, but ultimately, in ...
Soul-stirring den depressive
  02/09/12
why the fuck does that matter, a hard case by definition is ...
Razzle-dazzle prole
  02/09/12
Hard cases are where the stakes tend to be extremely high on...
Soul-stirring den depressive
  02/09/12
but you see, that's a HARD CASE about which the constitution...
Razzle-dazzle prole
  02/09/12
There you go, brother. You just recognized my point. Have yo...
Soul-stirring den depressive
  02/09/12
but strong indeterminacy is bullshit, 99% of law is settled
Razzle-dazzle prole
  02/09/12
I just fucking said that. Christ. Thoughts on Critical L...
Soul-stirring den depressive
  02/09/12
you so did not just fucking say that
Razzle-dazzle prole
  02/09/12
Oh apologies, brother. I meant I was NOT advocating Crit. Th...
Soul-stirring den depressive
  02/09/12
...
balding roommate faggotry
  10/20/15
...
Soul-stirring den depressive
  04/12/12
...
Soul-stirring den depressive
  09/15/12
...
Soul-stirring den depressive
  04/11/12
...
swashbuckling harsh public bath friendly grandma
  04/12/12
...
Soul-stirring den depressive
  07/13/12
...
Soul-stirring den depressive
  04/14/12
i smoke cocks. not bragging. just being.
Aquamarine persian
  02/10/12
1s agin the best poast itt
Drunken apoplectic blood rage
  02/10/12
Wrong. For example, there are tons of empirical studies show...
bat-shit-crazy stage
  02/10/12
nice "pretending to not know that ssm is flame/retarded...
Razzle-dazzle prole
  02/10/12
someone's gotta feed the fire man
bat-shit-crazy stage
  02/10/12
Fairness includes ideological preference. All I am trying to...
Soul-stirring den depressive
  02/10/12
...
swashbuckling harsh public bath friendly grandma
  05/06/12
Apt, timely example: United States v. Jones. Whatever tha...
aggressive pink goal in life mother
  02/10/12
Thank you brother. Also, can you discuss whether Justice ...
Soul-stirring den depressive
  02/10/12
FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASE...
Soul-stirring den depressive
  02/26/12
Your position is interesting, and perhaps even persuasive, b...
diverse chapel digit ratio
  04/14/12
Why, brother? Where you been?
Soul-stirring den depressive
  04/14/12
Just messing with you man. I've been in lurk mode lately ma...
diverse chapel digit ratio
  04/14/12
How is California legal practice treating u, brother?
Soul-stirring den depressive
  04/14/12
I like it for the most part man. I'm getting put on some fai...
diverse chapel digit ratio
  04/14/12
ahh nice, brother. Are you trying to open up your own place ...
Soul-stirring den depressive
  04/14/12
that would be awesome, but I don't think I'm entrepreneurial...
diverse chapel digit ratio
  04/14/12
pretty easy argument when you define fairness as anything th...
balding roommate faggotry
  04/14/12
Your sophistication on these matters is utterly rudimentary....
Soul-stirring den depressive
  04/14/12
explain in a cogent sentence please
balding roommate faggotry
  04/14/12
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?ar...
Soul-stirring den depressive
  04/14/12
that's not a sentence brother. whose supreme court justic...
balding roommate faggotry
  04/14/12
...
Soul-stirring den depressive
  05/23/12
...
deranged address cuck
  10/07/12
...
deranged address cuck
  10/16/12
miss this guy
outnumbered azure cruise ship
  03/27/14
...
diverse chapel digit ratio
  12/12/14
NFL refs too
Milky haunted graveyard
  10/06/15
...
Soul-stirring den depressive
  10/20/15
...
talented area philosopher-king
  10/20/15
...
Appetizing Rehab
  04/07/17
...
comical chest-beating associate
  05/26/18
...
Appetizing Rehab
  06/27/18
...
comical chest-beating associate
  09/20/18
This is a question of legal philosophy. See “The Case of the...
Garnet menage
  09/20/18
Honestly, I agree, especially at the appellate level. If th...
adventurous out-of-control toaster coldplay fan
  09/20/18


Poast new message in this thread



Reply Favorite

Date: February 9th, 2012 12:02 PM
Author: Soul-stirring den depressive

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: black titillating business firm legend

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: Soul-stirring den depressive

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: Razzle poppy reading party

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: Soul-stirring den depressive



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



Reply Favorite

Date: March 22nd, 2012 12:38 PM
Author: tan hospital private investor

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: cream lascivious hissy fit

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: copper unhinged tank background story

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: Soul-stirring den depressive

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: Soul-stirring den depressive



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



Reply Favorite

Date: February 9th, 2012 12:06 PM
Author: Claret temple people who are hurt

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: Jet-lagged aphrodisiac headpube

cr

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



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: Green Mind-boggling Piazza

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: Stimulating autistic really tough guy



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



Reply Favorite

Date: February 9th, 2012 3:16 PM
Author: Soul-stirring den depressive

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: disrespectful histrionic university telephone

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: Soul-stirring den depressive

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: disrespectful histrionic university telephone

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: Soul-stirring den depressive



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



Reply Favorite

Date: March 21st, 2012 10:47 AM
Author: Soul-stirring den depressive



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



Reply Favorite

Date: February 9th, 2012 5:43 PM
Author: Razzle-dazzle prole

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: Soul-stirring den depressive

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: copper unhinged tank background story

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: Soul-stirring den depressive

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: Soul-stirring den depressive



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



Reply Favorite

Date: February 9th, 2012 3:23 PM
Author: vibrant weed whacker set

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: Soul-stirring den depressive

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: vibrant weed whacker set

no

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



Reply Favorite

Date: December 21st, 2012 11:33 PM
Author: puce exciting property

lol

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



Reply Favorite

Date: April 7th, 2017 11:03 PM
Author: Appetizing Rehab



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



Reply Favorite

Date: February 9th, 2012 5:48 PM
Author: Buck-toothed brunch

(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: Claret temple people who are hurt

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Talking supple clown pistol

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: Soul-stirring den depressive

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: bateful opaque dog poop

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: Soul-stirring den depressive

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: bateful opaque dog poop

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: Soul-stirring den depressive



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



Reply Favorite

Date: February 9th, 2012 5:51 PM
Author: Buck-toothed brunch

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: Soul-stirring den depressive



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



Reply Favorite

Date: February 9th, 2012 4:02 PM
Author: swashbuckling harsh public bath friendly grandma

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: Soul-stirring den depressive

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: swashbuckling harsh public bath friendly grandma

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: Soul-stirring den depressive

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: swashbuckling harsh public bath friendly grandma

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: Soul-stirring den depressive

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: Soul-stirring den depressive



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



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: Cerebral Narrow-minded Mood

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

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



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Date: February 9th, 2012 4:11 PM
Author: Soul-stirring den depressive

ya that was decided on the basis of fairness

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



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Date: February 9th, 2012 4:11 PM
Author: swashbuckling harsh public bath friendly grandma

Sarcasm?

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



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Date: February 9th, 2012 4:12 PM
Author: Soul-stirring den depressive

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)



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Date: February 9th, 2012 4:15 PM
Author: swashbuckling harsh public bath friendly grandma

But you didn't think it was. amirite

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



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Date: February 9th, 2012 8:38 PM
Author: Soul-stirring den depressive

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: Soul-stirring den depressive



(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: Soul-stirring den depressive



(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: Cerebral Narrow-minded Mood

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: Slate Jap

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: Soul-stirring den depressive

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: Slate Jap

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Slate Jap

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: Slate Jap

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: Razzle-dazzle prole

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: Soul-stirring den depressive

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: balding roommate faggotry



(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: Soul-stirring den depressive



(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: Soul-stirring den depressive



(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: Soul-stirring den depressive



(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: swashbuckling harsh public bath friendly grandma



(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: Soul-stirring den depressive



(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: Soul-stirring den depressive



(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: Aquamarine persian

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: Drunken apoplectic blood rage

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: bat-shit-crazy stage

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: Razzle-dazzle prole

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: bat-shit-crazy stage

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: Soul-stirring den depressive

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: swashbuckling harsh public bath friendly grandma



(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: aggressive pink goal in life mother

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: Soul-stirring den depressive

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: Soul-stirring den depressive

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: diverse chapel digit ratio

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: Soul-stirring den depressive

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: diverse chapel digit ratio

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: Soul-stirring den depressive

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: diverse chapel digit ratio

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: Soul-stirring den depressive

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: diverse chapel digit ratio

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: balding roommate faggotry

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: Soul-stirring den depressive

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: balding roommate faggotry

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: Soul-stirring den depressive

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: balding roommate faggotry

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)



Reply Favorite

Date: May 23rd, 2012 10:00 PM
Author: Soul-stirring den depressive



(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: deranged address cuck



(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: deranged address cuck



(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: outnumbered azure cruise ship

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: diverse chapel digit ratio



(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: Milky haunted graveyard

NFL refs too

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



Reply Favorite

Date: October 20th, 2015 5:41 PM
Author: Soul-stirring den depressive



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



Reply Favorite

Date: October 20th, 2015 6:22 PM
Author: talented area philosopher-king



(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: Appetizing Rehab



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



Reply Favorite

Date: May 26th, 2018 10:23 PM
Author: comical chest-beating associate



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



Reply Favorite

Date: June 27th, 2018 12:17 PM
Author: Appetizing Rehab



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



Reply Favorite

Date: September 20th, 2018 1:37 PM
Author: comical chest-beating associate



(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: Garnet menage

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: adventurous out-of-control toaster coldplay fan

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)