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

Any credible disagreement with this proposition?
Brindle Impressive Sneaky Criminal
  02/09/12
Did they not teach you about equity vs law? In old England t...
shimmering crusty home
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Brindle Impressive Sneaky Criminal
  02/09/12
You think Segal and Spaeth haven't been criticized many time...
Arousing fiercely-loyal locale
  02/10/12
I still think they're right, as flawed as their study might ...
Wonderful vermilion stead
  02/10/12
http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2....
Brindle Impressive Sneaky Criminal
  07/23/12
...
Brindle Impressive Sneaky Criminal
  10/06/15
Gross simplification of British law.
grizzly cheese-eating box office telephone
  03/22/12
I tend to agree with slim. However, there are the rare occur...
dead internal respiration lettuce
  02/10/12
he is absolutely correct if you replace "fair" wit...
Rough-skinned titillating location
  02/10/12
TYFT, brother. I agree whole-heartedly. Care to elaborate?
Brindle Impressive Sneaky Criminal
  02/10/12
...
Brindle Impressive Sneaky Criminal
  12/21/12
false (see dismissals on basis of statute of limitations pro...
contagious ivory gay wizard property
  02/09/12
cr
House-broken Narrow-minded Pisswyrm
  02/09/12
provide please several citations to such dismissals along wi...
Flatulent Abnormal Prole Casino
  02/09/12
...
charismatic mauve personal credit line
  02/09/12
Duh! Those obvious cases are where the judge just applies th...
Brindle Impressive Sneaky Criminal
  02/09/12
procedural defects aren't always clear-cut
citrine tanning salon
  02/09/12
So do judges decide the bar on successive motions of habeas ...
Brindle Impressive Sneaky Criminal
  02/09/12
don't know, don't care
citrine tanning salon
  02/09/12
...
Brindle Impressive Sneaky Criminal
  09/16/15
...
Brindle Impressive Sneaky Criminal
  03/21/12
I find 'fairness' a weird name for what you're getting at
Wonderful vermilion stead
  02/09/12
What's a better word? I am trying to say that a judge decide...
Brindle Impressive Sneaky Criminal
  02/09/12
you are 100% correct
Rough-skinned titillating location
  02/10/12
whats a better word then?
Brindle Impressive Sneaky Criminal
  04/17/12
...
Brindle Impressive Sneaky Criminal
  03/22/12
most procedural errors are corrected via motion for leave to...
violent geriatric ape mad cow disease
  02/09/12
Very cogent, brother. Expand a little please.
Brindle Impressive Sneaky Criminal
  02/09/12
no
violent geriatric ape mad cow disease
  02/09/12
lol
brilliant forum
  12/21/12
...
ungodly pale idiot hell
  04/07/17
(says something unintelligent about equitable tolling)
white hateful library cuckoldry
  02/09/12
Even tolling is applied according to fairly rigid doctrines....
contagious ivory gay wizard property
  02/09/12
How about at the COA and SCOTUS level?
Brindle Impressive Sneaky Criminal
  02/09/12
what an idiot
Wonderful vermilion stead
  02/09/12
http://en.wikipedia.org/wiki/United_States_v._Reynolds
Orchid laughsome travel guidebook piazza
  02/09/12
What about Maher Arar, brother?
Brindle Impressive Sneaky Criminal
  02/09/12
uh, by definition, thats what equity courts are supposed to ...
concupiscible submissive corn cake
  02/09/12
even for courts of chancery, they decide on the basis of fai...
Brindle Impressive Sneaky Criminal
  02/09/12
if chancery is the same as equity, then yes, that is the leg...
concupiscible submissive corn cake
  02/09/12
...
Brindle Impressive Sneaky Criminal
  02/09/12
well duh, they're courts of chancery
white hateful library cuckoldry
  02/09/12
...
Brindle Impressive Sneaky Criminal
  09/23/12
Twist: the law is fair
greedy curious principal's office
  02/09/12
if law was fair, this guy would have gotten monetary relief....
Brindle Impressive Sneaky Criminal
  02/09/12
But Slim, what argument that proceeding w his litigation sev...
greedy curious principal's office
  02/09/12
The invocation of the State Secret privilege in this case wa...
Brindle Impressive Sneaky Criminal
  02/09/12
That statement standing alone seems a little conclusory. Des...
greedy curious principal's office
  02/09/12
read david cole's brief man. He litigated the case on appeal...
Brindle Impressive Sneaky Criminal
  02/09/12
...
Brindle Impressive Sneaky Criminal
  09/30/15
to be fair, no (see bush v. gore)
Effete Motley Coldplay Fan Plaza
  02/09/12
ya that was decided on the basis of fairness
Brindle Impressive Sneaky Criminal
  02/09/12
Sarcasm?
greedy curious principal's office
  02/09/12
the conservative bloc thought it was fair to give the electi...
Brindle Impressive Sneaky Criminal
  02/09/12
But you didn't think it was. amirite
greedy curious principal's office
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Brindle Impressive Sneaky Criminal
  02/09/12
...
Brindle Impressive Sneaky Criminal
  10/20/15
...
Brindle Impressive Sneaky Criminal
  03/13/12
lol, just lol
Effete Motley Coldplay Fan Plaza
  02/09/12
Korematsu v. US
Provocative Drab Skinny Woman
  02/09/12
fairness again
Brindle Impressive Sneaky Criminal
  02/09/12
Korematsu would disagree with you.
Provocative Drab Skinny Woman
  02/09/12
then what did they decide the case on ? not on the law...on ...
Brindle Impressive Sneaky Criminal
  02/09/12
exigency =/= fairness.
Wonderful vermilion stead
  02/09/12
titocr
Provocative Drab Skinny Woman
  02/09/12
define fairness, brother. is fairness some intangible, publi...
Provocative Drab Skinny Woman
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Brindle Impressive Sneaky Criminal
  02/09/12
attitudes/values =/= fairness
Wonderful vermilion stead
  02/09/12
You've never noticed that your COA judge decides on the basi...
Brindle Impressive Sneaky Criminal
  02/09/12
attitudes are not fairness, brother. also, my judge (who I'm...
Wonderful vermilion stead
  02/09/12
I know the law might suggest an outcome, but ultimately, in ...
Brindle Impressive Sneaky Criminal
  02/09/12
why the fuck does that matter, a hard case by definition is ...
Wonderful vermilion stead
  02/09/12
Hard cases are where the stakes tend to be extremely high on...
Brindle Impressive Sneaky Criminal
  02/09/12
but you see, that's a HARD CASE about which the constitution...
Wonderful vermilion stead
  02/09/12
There you go, brother. You just recognized my point. Have yo...
Brindle Impressive Sneaky Criminal
  02/09/12
but strong indeterminacy is bullshit, 99% of law is settled
Wonderful vermilion stead
  02/09/12
I just fucking said that. Christ. Thoughts on Critical L...
Brindle Impressive Sneaky Criminal
  02/09/12
you so did not just fucking say that
Wonderful vermilion stead
  02/09/12
Oh apologies, brother. I meant I was NOT advocating Crit. Th...
Brindle Impressive Sneaky Criminal
  02/09/12
...
Idiotic School Cafeteria Scourge Upon The Earth
  10/20/15
...
Brindle Impressive Sneaky Criminal
  04/12/12
...
Brindle Impressive Sneaky Criminal
  09/15/12
...
Brindle Impressive Sneaky Criminal
  04/11/12
...
greedy curious principal's office
  04/12/12
...
Brindle Impressive Sneaky Criminal
  07/13/12
...
Brindle Impressive Sneaky Criminal
  04/14/12
i smoke cocks. not bragging. just being.
Blathering tantric spot
  02/10/12
1s agin the best poast itt
glittery autistic gas station pistol
  02/10/12
Wrong. For example, there are tons of empirical studies show...
Jade goyim
  02/10/12
nice "pretending to not know that ssm is flame/retarded...
Wonderful vermilion stead
  02/10/12
someone's gotta feed the fire man
Jade goyim
  02/10/12
Fairness includes ideological preference. All I am trying to...
Brindle Impressive Sneaky Criminal
  02/10/12
...
greedy curious principal's office
  05/06/12
Apt, timely example: United States v. Jones. Whatever tha...
cyan shaky address
  02/10/12
Thank you brother. Also, can you discuss whether Justice ...
Brindle Impressive Sneaky Criminal
  02/10/12
FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASE...
Brindle Impressive Sneaky Criminal
  02/26/12
Your position is interesting, and perhaps even persuasive, b...
Comical meetinghouse
  04/14/12
Why, brother? Where you been?
Brindle Impressive Sneaky Criminal
  04/14/12
Just messing with you man. I've been in lurk mode lately ma...
Comical meetinghouse
  04/14/12
How is California legal practice treating u, brother?
Brindle Impressive Sneaky Criminal
  04/14/12
I like it for the most part man. I'm getting put on some fai...
Comical meetinghouse
  04/14/12
ahh nice, brother. Are you trying to open up your own place ...
Brindle Impressive Sneaky Criminal
  04/14/12
that would be awesome, but I don't think I'm entrepreneurial...
Comical meetinghouse
  04/14/12
pretty easy argument when you define fairness as anything th...
Idiotic School Cafeteria Scourge Upon The Earth
  04/14/12
Your sophistication on these matters is utterly rudimentary....
Brindle Impressive Sneaky Criminal
  04/14/12
explain in a cogent sentence please
Idiotic School Cafeteria Scourge Upon The Earth
  04/14/12
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?ar...
Brindle Impressive Sneaky Criminal
  04/14/12
that's not a sentence brother. whose supreme court justic...
Idiotic School Cafeteria Scourge Upon The Earth
  04/14/12
...
Brindle Impressive Sneaky Criminal
  05/23/12
...
Burgundy cruel-hearted jap whorehouse
  10/07/12
...
Burgundy cruel-hearted jap whorehouse
  10/16/12
miss this guy
Coiffed marvelous gaping athletic conference
  03/27/14
...
Comical meetinghouse
  12/12/14
NFL refs too
Trip iridescent theater
  10/06/15
...
Brindle Impressive Sneaky Criminal
  10/20/15
...
snowy insane public bath faggot firefighter
  10/20/15
...
ungodly pale idiot hell
  04/07/17
...
Cordovan at-the-ready digit ratio cuck
  05/26/18
...
ungodly pale idiot hell
  06/27/18
...
Cordovan at-the-ready digit ratio cuck
  09/20/18
This is a question of legal philosophy. See “The Case of the...
Bipolar fragrant trailer park coffee pot
  09/20/18
Honestly, I agree, especially at the appellate level. If th...
vigorous idea he suggested
  09/20/18


Poast new message in this thread



Reply Favorite

Date: February 9th, 2012 12:02 PM
Author: Brindle Impressive Sneaky Criminal

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: shimmering crusty home

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: Brindle Impressive Sneaky Criminal

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: Arousing fiercely-loyal locale

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: Wonderful vermilion stead

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: Brindle Impressive Sneaky Criminal

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: March 22nd, 2012 12:38 PM
Author: grizzly cheese-eating box office telephone

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: dead internal respiration lettuce

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: Rough-skinned titillating location

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: Brindle Impressive Sneaky Criminal

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 12:06 PM
Author: contagious ivory gay wizard property

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: House-broken Narrow-minded Pisswyrm

cr

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



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: Flatulent Abnormal Prole Casino

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: charismatic mauve personal credit line



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



Reply Favorite

Date: February 9th, 2012 3:16 PM
Author: Brindle Impressive Sneaky Criminal

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: citrine tanning salon

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: Brindle Impressive Sneaky Criminal

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: citrine tanning salon

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: March 21st, 2012 10:47 AM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 5:43 PM
Author: Wonderful vermilion stead

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: Brindle Impressive Sneaky Criminal

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: Rough-skinned titillating location

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: Brindle Impressive Sneaky Criminal

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 3:23 PM
Author: violent geriatric ape mad cow disease

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: Brindle Impressive Sneaky Criminal

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: violent geriatric ape mad cow disease

no

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



Reply Favorite

Date: December 21st, 2012 11:33 PM
Author: brilliant forum

lol

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



Reply Favorite

Date: April 7th, 2017 11:03 PM
Author: ungodly pale idiot hell



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



Reply Favorite

Date: February 9th, 2012 5:48 PM
Author: white hateful library cuckoldry

(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: contagious ivory gay wizard property

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: Brindle Impressive Sneaky Criminal

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: Wonderful vermilion stead

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: Orchid laughsome travel guidebook piazza

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: Brindle Impressive Sneaky Criminal

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: concupiscible submissive corn cake

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: Brindle Impressive Sneaky Criminal

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: concupiscible submissive corn cake

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 5:51 PM
Author: white hateful library cuckoldry

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 4:02 PM
Author: greedy curious principal's office

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: Brindle Impressive Sneaky Criminal

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: greedy curious principal's office

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: Brindle Impressive Sneaky Criminal

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: greedy curious principal's office

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: Brindle Impressive Sneaky Criminal

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: Effete Motley Coldplay Fan Plaza

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: Brindle Impressive Sneaky Criminal

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: greedy curious principal's office

Sarcasm?

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



Reply Favorite

Date: February 9th, 2012 4:12 PM
Author: Brindle Impressive Sneaky Criminal

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: greedy curious principal's office

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: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: October 20th, 2015 5:37 PM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: March 13th, 2012 2:30 PM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 9th, 2012 4:12 PM
Author: Effete Motley Coldplay Fan Plaza

lol, just lol

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



Reply Favorite

Date: February 9th, 2012 4:15 PM
Author: Provocative Drab Skinny Woman

Korematsu v. US

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



Reply Favorite

Date: February 9th, 2012 4:30 PM
Author: Brindle Impressive Sneaky Criminal

fairness again

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



Reply Favorite

Date: February 9th, 2012 5:39 PM
Author: Provocative Drab Skinny Woman

Korematsu would disagree with you.

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



Reply Favorite

Date: February 9th, 2012 5:42 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 9th, 2012 5:49 PM
Author: Wonderful vermilion stead

exigency =/= fairness.

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



Reply Favorite

Date: February 9th, 2012 5:55 PM
Author: Provocative Drab Skinny Woman

titocr

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



Reply Favorite

Date: February 9th, 2012 5:50 PM
Author: Provocative Drab Skinny Woman

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)



Reply Favorite

Date: February 9th, 2012 8:07 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 9th, 2012 9:32 PM
Author: Wonderful vermilion stead

attitudes/values =/= fairness

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



Reply Favorite

Date: February 9th, 2012 9:33 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 9th, 2012 9:35 PM
Author: Wonderful vermilion stead

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)



Reply Favorite

Date: February 9th, 2012 9:37 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 9th, 2012 9:38 PM
Author: Wonderful vermilion stead

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)



Reply Favorite

Date: February 9th, 2012 9:39 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 9th, 2012 9:45 PM
Author: Wonderful vermilion stead

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)



Reply Favorite

Date: February 9th, 2012 9:46 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 9th, 2012 9:51 PM
Author: Wonderful vermilion stead

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

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



Reply Favorite

Date: February 9th, 2012 9:53 PM
Author: Brindle Impressive Sneaky Criminal

I just fucking said that. Christ.

Thoughts on Critical Legal Studies?

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



Reply Favorite

Date: February 9th, 2012 9:54 PM
Author: Wonderful vermilion stead

you so did not just fucking say that

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



Reply Favorite

Date: February 9th, 2012 9:56 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: October 20th, 2015 6:34 PM
Author: Idiotic School Cafeteria Scourge Upon The Earth



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



Reply Favorite

Date: April 12th, 2012 11:40 AM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: September 15th, 2012 1:09 PM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: April 11th, 2012 6:32 PM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: April 12th, 2012 11:43 AM
Author: greedy curious principal's office



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



Reply Favorite

Date: July 13th, 2012 10:58 PM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: April 14th, 2012 3:52 PM
Author: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: February 10th, 2012 2:03 AM
Author: Blathering tantric spot

i smoke cocks. not bragging. just being.

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



Reply Favorite

Date: February 10th, 2012 3:14 AM
Author: glittery autistic gas station pistol

1s agin the best poast itt

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



Reply Favorite

Date: February 10th, 2012 2:41 AM
Author: Jade goyim

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)



Reply Favorite

Date: February 10th, 2012 2:43 AM
Author: Wonderful vermilion stead

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)



Reply Favorite

Date: February 10th, 2012 2:47 AM
Author: Jade goyim

someone's gotta feed the fire man

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



Reply Favorite

Date: February 10th, 2012 8:59 AM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: May 6th, 2012 3:35 PM
Author: greedy curious principal's office



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



Reply Favorite

Date: February 10th, 2012 11:36 AM
Author: cyan shaky address

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)



Reply Favorite

Date: February 10th, 2012 11:40 AM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: February 26th, 2012 12:59 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: April 14th, 2012 3:58 PM
Author: Comical meetinghouse

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)



Reply Favorite

Date: April 14th, 2012 3:59 PM
Author: Brindle Impressive Sneaky Criminal

Why, brother? Where you been?

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



Reply Favorite

Date: April 14th, 2012 4:06 PM
Author: Comical meetinghouse

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)



Reply Favorite

Date: April 14th, 2012 4:07 PM
Author: Brindle Impressive Sneaky Criminal

How is California legal practice treating u, brother?

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



Reply Favorite

Date: April 14th, 2012 4:17 PM
Author: Comical meetinghouse

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)



Reply Favorite

Date: April 14th, 2012 4:18 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: April 14th, 2012 4:40 PM
Author: Comical meetinghouse

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)



Reply Favorite

Date: April 14th, 2012 4:01 PM
Author: Idiotic School Cafeteria Scourge Upon The Earth

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)



Reply Favorite

Date: April 14th, 2012 4:07 PM
Author: Brindle Impressive Sneaky Criminal

Your sophistication on these matters is utterly rudimentary.

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



Reply Favorite

Date: April 14th, 2012 4:08 PM
Author: Idiotic School Cafeteria Scourge Upon The Earth

explain in a cogent sentence please

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



Reply Favorite

Date: April 14th, 2012 4:09 PM
Author: Brindle Impressive Sneaky Criminal

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)



Reply Favorite

Date: April 14th, 2012 4:16 PM
Author: Idiotic School Cafeteria Scourge Upon The Earth

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: October 7th, 2012 7:25 PM
Author: Burgundy cruel-hearted jap whorehouse



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



Reply Favorite

Date: October 16th, 2012 7:06 PM
Author: Burgundy cruel-hearted jap whorehouse



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



Reply Favorite

Date: March 27th, 2014 10:56 AM
Author: Coiffed marvelous gaping athletic conference

miss this guy

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



Reply Favorite

Date: December 12th, 2014 4:59 PM
Author: Comical meetinghouse



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



Reply Favorite

Date: October 6th, 2015 12:37 PM
Author: Trip iridescent theater

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: Brindle Impressive Sneaky Criminal



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



Reply Favorite

Date: October 20th, 2015 6:22 PM
Author: snowy insane public bath faggot firefighter



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



Reply Favorite

Date: April 7th, 2017 11:02 PM
Author: ungodly pale idiot hell



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



Reply Favorite

Date: May 26th, 2018 10:23 PM
Author: Cordovan at-the-ready digit ratio cuck



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



Reply Favorite

Date: June 27th, 2018 12:17 PM
Author: ungodly pale idiot hell



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



Reply Favorite

Date: September 20th, 2018 1:37 PM
Author: Cordovan at-the-ready digit ratio cuck



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



Reply Favorite

Date: September 20th, 2018 1:43 PM
Author: Bipolar fragrant trailer park coffee pot

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)



Reply Favorite

Date: September 20th, 2018 1:44 PM
Author: vigorous idea he suggested

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)