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

Any credible disagreement with this proposition?
Primrose Hateful Den Windowlicker
  02/09/12
Did they not teach you about equity vs law? In old England t...
Orchid degenerate spot
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Primrose Hateful Den Windowlicker
  02/09/12
You think Segal and Spaeth haven't been criticized many time...
Amber motley filthpig
  02/10/12
I still think they're right, as flawed as their study might ...
Cerise school cafeteria
  02/10/12
http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2....
Primrose Hateful Den Windowlicker
  07/23/12
...
Primrose Hateful Den Windowlicker
  10/06/15
Gross simplification of British law.
Disturbing Sooty Ape Hall
  03/22/12
I tend to agree with slim. However, there are the rare occur...
Razzmatazz corner circlehead
  02/10/12
he is absolutely correct if you replace "fair" wit...
aromatic shitlib set
  02/10/12
TYFT, brother. I agree whole-heartedly. Care to elaborate?
Primrose Hateful Den Windowlicker
  02/10/12
...
Primrose Hateful Den Windowlicker
  12/21/12
false (see dismissals on basis of statute of limitations pro...
Fragrant Irate Dingle Berry Temple
  02/09/12
cr
sexy bbw giraffe
  02/09/12
provide please several citations to such dismissals along wi...
onyx puppy
  02/09/12
...
bull headed navy hominid
  02/09/12
Duh! Those obvious cases are where the judge just applies th...
Primrose Hateful Den Windowlicker
  02/09/12
procedural defects aren't always clear-cut
Hyperactive volcanic crater
  02/09/12
So do judges decide the bar on successive motions of habeas ...
Primrose Hateful Den Windowlicker
  02/09/12
don't know, don't care
Hyperactive volcanic crater
  02/09/12
...
Primrose Hateful Den Windowlicker
  09/16/15
...
Primrose Hateful Den Windowlicker
  03/21/12
I find 'fairness' a weird name for what you're getting at
Cerise school cafeteria
  02/09/12
What's a better word? I am trying to say that a judge decide...
Primrose Hateful Den Windowlicker
  02/09/12
you are 100% correct
aromatic shitlib set
  02/10/12
whats a better word then?
Primrose Hateful Den Windowlicker
  04/17/12
...
Primrose Hateful Den Windowlicker
  03/22/12
most procedural errors are corrected via motion for leave to...
Histrionic cordovan cuckoldry
  02/09/12
Very cogent, brother. Expand a little please.
Primrose Hateful Den Windowlicker
  02/09/12
no
Histrionic cordovan cuckoldry
  02/09/12
lol
Vigorous clown coldplay fan
  12/21/12
...
Thriller address feces
  04/07/17
(says something unintelligent about equitable tolling)
Flirting pit fanboi
  02/09/12
Even tolling is applied according to fairly rigid doctrines....
Fragrant Irate Dingle Berry Temple
  02/09/12
How about at the COA and SCOTUS level?
Primrose Hateful Den Windowlicker
  02/09/12
what an idiot
Cerise school cafeteria
  02/09/12
http://en.wikipedia.org/wiki/United_States_v._Reynolds
cyan passionate office
  02/09/12
What about Maher Arar, brother?
Primrose Hateful Den Windowlicker
  02/09/12
uh, by definition, thats what equity courts are supposed to ...
maize liquid oxygen
  02/09/12
even for courts of chancery, they decide on the basis of fai...
Primrose Hateful Den Windowlicker
  02/09/12
if chancery is the same as equity, then yes, that is the leg...
maize liquid oxygen
  02/09/12
...
Primrose Hateful Den Windowlicker
  02/09/12
well duh, they're courts of chancery
Flirting pit fanboi
  02/09/12
...
Primrose Hateful Den Windowlicker
  09/23/12
Twist: the law is fair
Adventurous crusty corn cake university
  02/09/12
if law was fair, this guy would have gotten monetary relief....
Primrose Hateful Den Windowlicker
  02/09/12
But Slim, what argument that proceeding w his litigation sev...
Adventurous crusty corn cake university
  02/09/12
The invocation of the State Secret privilege in this case wa...
Primrose Hateful Den Windowlicker
  02/09/12
That statement standing alone seems a little conclusory. Des...
Adventurous crusty corn cake university
  02/09/12
read david cole's brief man. He litigated the case on appeal...
Primrose Hateful Den Windowlicker
  02/09/12
...
Primrose Hateful Den Windowlicker
  09/30/15
to be fair, no (see bush v. gore)
curious kitty cat hell
  02/09/12
ya that was decided on the basis of fairness
Primrose Hateful Den Windowlicker
  02/09/12
Sarcasm?
Adventurous crusty corn cake university
  02/09/12
the conservative bloc thought it was fair to give the electi...
Primrose Hateful Den Windowlicker
  02/09/12
But you didn't think it was. amirite
Adventurous crusty corn cake university
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Primrose Hateful Den Windowlicker
  02/09/12
...
Primrose Hateful Den Windowlicker
  10/20/15
...
Primrose Hateful Den Windowlicker
  03/13/12
lol, just lol
curious kitty cat hell
  02/09/12
Korematsu v. US
Shimmering Organic Girlfriend Brunch
  02/09/12
fairness again
Primrose Hateful Den Windowlicker
  02/09/12
Korematsu would disagree with you.
Shimmering Organic Girlfriend Brunch
  02/09/12
then what did they decide the case on ? not on the law...on ...
Primrose Hateful Den Windowlicker
  02/09/12
exigency =/= fairness.
Cerise school cafeteria
  02/09/12
titocr
Shimmering Organic Girlfriend Brunch
  02/09/12
define fairness, brother. is fairness some intangible, publi...
Shimmering Organic Girlfriend Brunch
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Primrose Hateful Den Windowlicker
  02/09/12
attitudes/values =/= fairness
Cerise school cafeteria
  02/09/12
You've never noticed that your COA judge decides on the basi...
Primrose Hateful Den Windowlicker
  02/09/12
attitudes are not fairness, brother. also, my judge (who I'm...
Cerise school cafeteria
  02/09/12
I know the law might suggest an outcome, but ultimately, in ...
Primrose Hateful Den Windowlicker
  02/09/12
why the fuck does that matter, a hard case by definition is ...
Cerise school cafeteria
  02/09/12
Hard cases are where the stakes tend to be extremely high on...
Primrose Hateful Den Windowlicker
  02/09/12
but you see, that's a HARD CASE about which the constitution...
Cerise school cafeteria
  02/09/12
There you go, brother. You just recognized my point. Have yo...
Primrose Hateful Den Windowlicker
  02/09/12
but strong indeterminacy is bullshit, 99% of law is settled
Cerise school cafeteria
  02/09/12
I just fucking said that. Christ. Thoughts on Critical L...
Primrose Hateful Den Windowlicker
  02/09/12
you so did not just fucking say that
Cerise school cafeteria
  02/09/12
Oh apologies, brother. I meant I was NOT advocating Crit. Th...
Primrose Hateful Den Windowlicker
  02/09/12
...
greedy bisexual stead tank
  10/20/15
...
Primrose Hateful Den Windowlicker
  04/12/12
...
Primrose Hateful Den Windowlicker
  09/15/12
...
Primrose Hateful Den Windowlicker
  04/11/12
...
Adventurous crusty corn cake university
  04/12/12
...
Primrose Hateful Den Windowlicker
  07/13/12
...
Primrose Hateful Den Windowlicker
  04/14/12
i smoke cocks. not bragging. just being.
mildly autistic casino toilet seat
  02/10/12
1s agin the best poast itt
provocative vermilion church
  02/10/12
Wrong. For example, there are tons of empirical studies show...
big step-uncle's house
  02/10/12
nice "pretending to not know that ssm is flame/retarded...
Cerise school cafeteria
  02/10/12
someone's gotta feed the fire man
big step-uncle's house
  02/10/12
Fairness includes ideological preference. All I am trying to...
Primrose Hateful Den Windowlicker
  02/10/12
...
Adventurous crusty corn cake university
  05/06/12
Apt, timely example: United States v. Jones. Whatever tha...
Violent gas station
  02/10/12
Thank you brother. Also, can you discuss whether Justice ...
Primrose Hateful Den Windowlicker
  02/10/12
FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASE...
Primrose Hateful Den Windowlicker
  02/26/12
Your position is interesting, and perhaps even persuasive, b...
chestnut travel guidebook
  04/14/12
Why, brother? Where you been?
Primrose Hateful Den Windowlicker
  04/14/12
Just messing with you man. I've been in lurk mode lately ma...
chestnut travel guidebook
  04/14/12
How is California legal practice treating u, brother?
Primrose Hateful Den Windowlicker
  04/14/12
I like it for the most part man. I'm getting put on some fai...
chestnut travel guidebook
  04/14/12
ahh nice, brother. Are you trying to open up your own place ...
Primrose Hateful Den Windowlicker
  04/14/12
that would be awesome, but I don't think I'm entrepreneurial...
chestnut travel guidebook
  04/14/12
pretty easy argument when you define fairness as anything th...
greedy bisexual stead tank
  04/14/12
Your sophistication on these matters is utterly rudimentary....
Primrose Hateful Den Windowlicker
  04/14/12
explain in a cogent sentence please
greedy bisexual stead tank
  04/14/12
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?ar...
Primrose Hateful Den Windowlicker
  04/14/12
that's not a sentence brother. whose supreme court justic...
greedy bisexual stead tank
  04/14/12
...
Primrose Hateful Den Windowlicker
  05/23/12
...
Henna trip gunner
  10/07/12
...
Henna trip gunner
  10/16/12
miss this guy
lascivious bawdyhouse
  03/27/14
...
chestnut travel guidebook
  12/12/14
NFL refs too
Brass codepig
  10/06/15
...
Primrose Hateful Den Windowlicker
  10/20/15
...
chrome gaming laptop
  10/20/15
...
Thriller address feces
  04/07/17
...
Plum principal's office pervert
  05/26/18
...
Thriller address feces
  06/27/18
...
Plum principal's office pervert
  09/20/18
This is a question of legal philosophy. See “The Case of the...
Hyperventilating Boyish Home
  09/20/18
Honestly, I agree, especially at the appellate level. If th...
exhilarant olive fortuitous meteor
  09/20/18


Poast new message in this thread



Reply Favorite

Date: February 9th, 2012 12:02 PM
Author: Primrose Hateful Den Windowlicker

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: Orchid degenerate spot

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: Primrose Hateful Den Windowlicker

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: Amber motley filthpig

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: March 22nd, 2012 12:38 PM
Author: Disturbing Sooty Ape Hall

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: Razzmatazz corner circlehead

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: aromatic shitlib set

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: Primrose Hateful Den Windowlicker

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: February 9th, 2012 12:06 PM
Author: Fragrant Irate Dingle Berry Temple

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: sexy bbw giraffe

cr

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



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: onyx puppy

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: bull headed navy hominid



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



Reply Favorite

Date: February 9th, 2012 3:16 PM
Author: Primrose Hateful Den Windowlicker

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: Hyperactive volcanic crater

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: Primrose Hateful Den Windowlicker

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: Hyperactive volcanic crater

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: March 21st, 2012 10:47 AM
Author: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: February 9th, 2012 5:43 PM
Author: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: aromatic shitlib set

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: Primrose Hateful Den Windowlicker

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: February 9th, 2012 3:23 PM
Author: Histrionic cordovan cuckoldry

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: Primrose Hateful Den Windowlicker

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: Histrionic cordovan cuckoldry

no

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



Reply Favorite

Date: December 21st, 2012 11:33 PM
Author: Vigorous clown coldplay fan

lol

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



Reply Favorite

Date: April 7th, 2017 11:03 PM
Author: Thriller address feces



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



Reply Favorite

Date: February 9th, 2012 5:48 PM
Author: Flirting pit fanboi

(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: Fragrant Irate Dingle Berry Temple

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: cyan passionate office

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: Primrose Hateful Den Windowlicker

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: maize liquid oxygen

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: Primrose Hateful Den Windowlicker

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: maize liquid oxygen

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: February 9th, 2012 5:51 PM
Author: Flirting pit fanboi

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: February 9th, 2012 4:02 PM
Author: Adventurous crusty corn cake university

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: Primrose Hateful Den Windowlicker

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: Adventurous crusty corn cake university

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: Primrose Hateful Den Windowlicker

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: Adventurous crusty corn cake university

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: Primrose Hateful Den Windowlicker

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: Primrose Hateful Den Windowlicker



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



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: curious kitty cat hell

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: Primrose Hateful Den Windowlicker

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: Adventurous crusty corn cake university

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: Primrose Hateful Den Windowlicker

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: Adventurous crusty corn cake university

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: Primrose Hateful Den Windowlicker

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: Primrose Hateful Den Windowlicker



(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: Primrose Hateful Den Windowlicker



(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: curious kitty cat hell

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: Shimmering Organic Girlfriend Brunch

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: Primrose Hateful Den Windowlicker

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: Shimmering Organic Girlfriend Brunch

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Shimmering Organic Girlfriend Brunch

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: Shimmering Organic Girlfriend Brunch

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: Cerise school cafeteria

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: Primrose Hateful Den Windowlicker

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: greedy bisexual stead tank



(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: Primrose Hateful Den Windowlicker



(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: Primrose Hateful Den Windowlicker



(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: Primrose Hateful Den Windowlicker



(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: Adventurous crusty corn cake university



(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: Primrose Hateful Den Windowlicker



(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: Primrose Hateful Den Windowlicker



(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: mildly autistic casino toilet seat

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: provocative vermilion church

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: big step-uncle's house

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: Cerise school cafeteria

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: big step-uncle's house

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: Primrose Hateful Den Windowlicker

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: Adventurous crusty corn cake university



(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: Violent gas station

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: Primrose Hateful Den Windowlicker

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: Primrose Hateful Den Windowlicker

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: chestnut travel guidebook

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: Primrose Hateful Den Windowlicker

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: chestnut travel guidebook

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: Primrose Hateful Den Windowlicker

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: chestnut travel guidebook

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: Primrose Hateful Den Windowlicker

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: chestnut travel guidebook

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: greedy bisexual stead tank

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: Primrose Hateful Den Windowlicker

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: greedy bisexual stead tank

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: Primrose Hateful Den Windowlicker

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: greedy bisexual stead tank

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: Primrose Hateful Den Windowlicker



(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: Henna trip gunner



(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: Henna trip gunner



(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: lascivious bawdyhouse

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: chestnut travel guidebook



(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: Brass codepig

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: Primrose Hateful Den Windowlicker



(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: chrome gaming laptop



(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: Thriller address feces



(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: Plum principal's office pervert



(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: Thriller address feces



(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: Plum principal's office pervert



(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: Hyperventilating Boyish Home

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: exhilarant olive fortuitous meteor

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)