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

Any credible disagreement with this proposition?
violent place of business
  02/09/12
Did they not teach you about equity vs law? In old England t...
Maroon Startling Step-uncle's House
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
violent place of business
  02/09/12
You think Segal and Spaeth haven't been criticized many time...
talented autistic garrison organic girlfriend
  02/10/12
I still think they're right, as flawed as their study might ...
trip theatre
  02/10/12
http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2....
violent place of business
  07/23/12
...
violent place of business
  10/06/15
Gross simplification of British law.
salmon hospital windowlicker
  03/22/12
I tend to agree with slim. However, there are the rare occur...
titillating impressive whorehouse
  02/10/12
he is absolutely correct if you replace "fair" wit...
passionate area
  02/10/12
TYFT, brother. I agree whole-heartedly. Care to elaborate?
violent place of business
  02/10/12
...
violent place of business
  12/21/12
false (see dismissals on basis of statute of limitations pro...
Sickened internal respiration rehab
  02/09/12
cr
Snowy wrinkle stage
  02/09/12
provide please several citations to such dismissals along wi...
bespoke white marketing idea theater
  02/09/12
...
stimulating scourge upon the earth
  02/09/12
Duh! Those obvious cases are where the judge just applies th...
violent place of business
  02/09/12
procedural defects aren't always clear-cut
Frozen Swashbuckling Orchestra Pit Philosopher-king
  02/09/12
So do judges decide the bar on successive motions of habeas ...
violent place of business
  02/09/12
don't know, don't care
Frozen Swashbuckling Orchestra Pit Philosopher-king
  02/09/12
...
violent place of business
  09/16/15
...
violent place of business
  03/21/12
I find 'fairness' a weird name for what you're getting at
trip theatre
  02/09/12
What's a better word? I am trying to say that a judge decide...
violent place of business
  02/09/12
you are 100% correct
passionate area
  02/10/12
whats a better word then?
violent place of business
  04/17/12
...
violent place of business
  03/22/12
most procedural errors are corrected via motion for leave to...
house-broken faggotry
  02/09/12
Very cogent, brother. Expand a little please.
violent place of business
  02/09/12
no
house-broken faggotry
  02/09/12
lol
Diverse school cafeteria cumskin
  12/21/12
...
arousing balding base bbw
  04/07/17
(says something unintelligent about equitable tolling)
medicated patrolman
  02/09/12
Even tolling is applied according to fairly rigid doctrines....
Sickened internal respiration rehab
  02/09/12
How about at the COA and SCOTUS level?
violent place of business
  02/09/12
what an idiot
trip theatre
  02/09/12
http://en.wikipedia.org/wiki/United_States_v._Reynolds
Khaki double fault circlehead
  02/09/12
What about Maher Arar, brother?
violent place of business
  02/09/12
uh, by definition, thats what equity courts are supposed to ...
Vigorous Brindle Box Office
  02/09/12
even for courts of chancery, they decide on the basis of fai...
violent place of business
  02/09/12
if chancery is the same as equity, then yes, that is the leg...
Vigorous Brindle Box Office
  02/09/12
...
violent place of business
  02/09/12
well duh, they're courts of chancery
medicated patrolman
  02/09/12
...
violent place of business
  09/23/12
Twist: the law is fair
violet goal in life home
  02/09/12
if law was fair, this guy would have gotten monetary relief....
violent place of business
  02/09/12
But Slim, what argument that proceeding w his litigation sev...
violet goal in life home
  02/09/12
The invocation of the State Secret privilege in this case wa...
violent place of business
  02/09/12
That statement standing alone seems a little conclusory. Des...
violet goal in life home
  02/09/12
read david cole's brief man. He litigated the case on appeal...
violent place of business
  02/09/12
...
violent place of business
  09/30/15
to be fair, no (see bush v. gore)
Wonderful public bath community account
  02/09/12
ya that was decided on the basis of fairness
violent place of business
  02/09/12
Sarcasm?
violet goal in life home
  02/09/12
the conservative bloc thought it was fair to give the electi...
violent place of business
  02/09/12
But you didn't think it was. amirite
violet goal in life home
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
violent place of business
  02/09/12
...
violent place of business
  10/20/15
...
violent place of business
  03/13/12
lol, just lol
Wonderful public bath community account
  02/09/12
Korematsu v. US
cocky exhilarant nursing home
  02/09/12
fairness again
violent place of business
  02/09/12
Korematsu would disagree with you.
cocky exhilarant nursing home
  02/09/12
then what did they decide the case on ? not on the law...on ...
violent place of business
  02/09/12
exigency =/= fairness.
trip theatre
  02/09/12
titocr
cocky exhilarant nursing home
  02/09/12
define fairness, brother. is fairness some intangible, publi...
cocky exhilarant nursing home
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
violent place of business
  02/09/12
attitudes/values =/= fairness
trip theatre
  02/09/12
You've never noticed that your COA judge decides on the basi...
violent place of business
  02/09/12
attitudes are not fairness, brother. also, my judge (who I'm...
trip theatre
  02/09/12
I know the law might suggest an outcome, but ultimately, in ...
violent place of business
  02/09/12
why the fuck does that matter, a hard case by definition is ...
trip theatre
  02/09/12
Hard cases are where the stakes tend to be extremely high on...
violent place of business
  02/09/12
but you see, that's a HARD CASE about which the constitution...
trip theatre
  02/09/12
There you go, brother. You just recognized my point. Have yo...
violent place of business
  02/09/12
but strong indeterminacy is bullshit, 99% of law is settled
trip theatre
  02/09/12
I just fucking said that. Christ. Thoughts on Critical L...
violent place of business
  02/09/12
you so did not just fucking say that
trip theatre
  02/09/12
Oh apologies, brother. I meant I was NOT advocating Crit. Th...
violent place of business
  02/09/12
...
bonkers mad-dog skullcap
  10/20/15
...
violent place of business
  04/12/12
...
violent place of business
  09/15/12
...
violent place of business
  04/11/12
...
violet goal in life home
  04/12/12
...
violent place of business
  07/13/12
...
violent place of business
  04/14/12
i smoke cocks. not bragging. just being.
fishy pungent tanning salon athletic conference
  02/10/12
1s agin the best poast itt
Greedy brethren electric furnace
  02/10/12
Wrong. For example, there are tons of empirical studies show...
Boyish Stage
  02/10/12
nice "pretending to not know that ssm is flame/retarded...
trip theatre
  02/10/12
someone's gotta feed the fire man
Boyish Stage
  02/10/12
Fairness includes ideological preference. All I am trying to...
violent place of business
  02/10/12
...
violet goal in life home
  05/06/12
Apt, timely example: United States v. Jones. Whatever tha...
Alcoholic useless location
  02/10/12
Thank you brother. Also, can you discuss whether Justice ...
violent place of business
  02/10/12
FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASE...
violent place of business
  02/26/12
Your position is interesting, and perhaps even persuasive, b...
Nighttime lascivious meetinghouse
  04/14/12
Why, brother? Where you been?
violent place of business
  04/14/12
Just messing with you man. I've been in lurk mode lately ma...
Nighttime lascivious meetinghouse
  04/14/12
How is California legal practice treating u, brother?
violent place of business
  04/14/12
I like it for the most part man. I'm getting put on some fai...
Nighttime lascivious meetinghouse
  04/14/12
ahh nice, brother. Are you trying to open up your own place ...
violent place of business
  04/14/12
that would be awesome, but I don't think I'm entrepreneurial...
Nighttime lascivious meetinghouse
  04/14/12
pretty easy argument when you define fairness as anything th...
bonkers mad-dog skullcap
  04/14/12
Your sophistication on these matters is utterly rudimentary....
violent place of business
  04/14/12
explain in a cogent sentence please
bonkers mad-dog skullcap
  04/14/12
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?ar...
violent place of business
  04/14/12
that's not a sentence brother. whose supreme court justic...
bonkers mad-dog skullcap
  04/14/12
...
violent place of business
  05/23/12
...
underhanded private investor
  10/07/12
...
underhanded private investor
  10/16/12
miss this guy
Vengeful Motley Jewess Spot
  03/27/14
...
Nighttime lascivious meetinghouse
  12/12/14
NFL refs too
Electric knife
  10/06/15
...
violent place of business
  10/20/15
...
up-to-no-good market water buffalo
  10/20/15
...
arousing balding base bbw
  04/07/17
...
Pea-brained Newt
  05/26/18
...
arousing balding base bbw
  06/27/18
...
Pea-brained Newt
  09/20/18
This is a question of legal philosophy. See “The Case of the...
Floppy Costumed Karate Messiness
  09/20/18
Honestly, I agree, especially at the appellate level. If th...
Sadistic Black Toilet Seat Stain
  09/20/18


Poast new message in this thread



Reply Favorite

Date: February 9th, 2012 12:02 PM
Author: violent place of business

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: Maroon Startling Step-uncle's House

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: violent place of business

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: talented autistic garrison organic girlfriend

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: trip theatre

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: violent place of business

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: violent place of business



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



Reply Favorite

Date: March 22nd, 2012 12:38 PM
Author: salmon hospital windowlicker

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: titillating impressive whorehouse

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: passionate area

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: violent place of business

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: violent place of business



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



Reply Favorite

Date: February 9th, 2012 12:06 PM
Author: Sickened internal respiration rehab

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: Snowy wrinkle stage

cr

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



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: bespoke white marketing idea theater

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 scourge upon the earth



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



Reply Favorite

Date: February 9th, 2012 3:16 PM
Author: violent place of business

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: Frozen Swashbuckling Orchestra Pit Philosopher-king

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: violent place of business

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: Frozen Swashbuckling Orchestra Pit Philosopher-king

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: violent place of business



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



Reply Favorite

Date: March 21st, 2012 10:47 AM
Author: violent place of business



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



Reply Favorite

Date: February 9th, 2012 5:43 PM
Author: trip theatre

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: violent place of business

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: passionate area

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: violent place of business

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: violent place of business



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



Reply Favorite

Date: February 9th, 2012 3:23 PM
Author: house-broken faggotry

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: violent place of business

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: house-broken faggotry

no

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



Reply Favorite

Date: December 21st, 2012 11:33 PM
Author: Diverse school cafeteria cumskin

lol

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



Reply Favorite

Date: April 7th, 2017 11:03 PM
Author: arousing balding base bbw



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



Reply Favorite

Date: February 9th, 2012 5:48 PM
Author: medicated patrolman

(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: Sickened internal respiration rehab

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: violent place of business

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: trip theatre

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: Khaki double fault circlehead

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: violent place of business

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: Vigorous Brindle Box Office

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: violent place of business

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: Vigorous Brindle Box Office

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: violent place of business



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



Reply Favorite

Date: February 9th, 2012 5:51 PM
Author: medicated patrolman

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: violent place of business



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



Reply Favorite

Date: February 9th, 2012 4:02 PM
Author: violet goal in life home

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: violent place of business

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: violet goal in life home

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: violent place of business

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: violet goal in life home

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: violent place of business

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: violent place of business



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



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: Wonderful public bath community account

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: violent place of business

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: violet goal in life home

Sarcasm?

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



Reply Favorite

Date: February 9th, 2012 4:12 PM
Author: violent place of business

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: violet goal in life home

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: violent place of business

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: violent place of business



(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: violent place of business



(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: Wonderful public bath community account

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: cocky exhilarant nursing home

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: violent place of business

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: cocky exhilarant nursing home

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: violent place of business

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: trip theatre

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: cocky exhilarant nursing home

titocr

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



Reply Favorite

Date: February 9th, 2012 5:50 PM
Author: cocky exhilarant nursing home

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: violent place of business

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: trip theatre

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: violent place of business

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: trip theatre

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: violent place of business

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: trip theatre

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: violent place of business

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: trip theatre

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: violent place of business

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: trip theatre

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: violent place of business

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: trip theatre

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: violent place of business

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: bonkers mad-dog skullcap



(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: violent place of business



(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: violent place of business



(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: violent place of business



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



Reply Favorite

Date: April 12th, 2012 11:43 AM
Author: violet goal in life home



(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: violent place of business



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



Reply Favorite

Date: April 14th, 2012 3:52 PM
Author: violent place of business



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



Reply Favorite

Date: February 10th, 2012 2:03 AM
Author: fishy pungent tanning salon athletic conference

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: Greedy brethren electric furnace

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: Boyish 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: trip theatre

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: Boyish Stage

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: violent place of business

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: violet goal in life home



(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: Alcoholic useless location

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: violent place of business

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: violent place of business

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: Nighttime lascivious 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: violent place of business

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: Nighttime lascivious 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: violent place of business

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: Nighttime lascivious 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: violent place of business

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: Nighttime lascivious 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: bonkers mad-dog skullcap

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: violent place of business

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: bonkers mad-dog skullcap

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: violent place of business

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: bonkers mad-dog skullcap

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: violent place of business



(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: underhanded private investor



(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: underhanded private investor



(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: Vengeful Motley Jewess Spot

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: Nighttime lascivious meetinghouse



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



Reply Favorite

Date: October 6th, 2015 12:37 PM
Author: Electric knife

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: violent place of business



(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: up-to-no-good market water buffalo



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



Reply Favorite

Date: April 7th, 2017 11:02 PM
Author: arousing balding base bbw



(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: Pea-brained Newt



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



Reply Favorite

Date: June 27th, 2018 12:17 PM
Author: arousing balding base bbw



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



Reply Favorite

Date: September 20th, 2018 1:37 PM
Author: Pea-brained Newt



(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: Floppy Costumed Karate Messiness

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: Sadistic Black Toilet Seat Stain

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)