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

Any credible disagreement with this proposition?
Wild Scarlet Ceo Native
  02/09/12
Did they not teach you about equity vs law? In old England t...
Stirring Rambunctious Personal Credit Line Dilemma
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Wild Scarlet Ceo Native
  02/09/12
You think Segal and Spaeth haven't been criticized many time...
Gaped pocket flask
  02/10/12
I still think they're right, as flawed as their study might ...
Gay Windowlicker
  02/10/12
http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2....
Wild Scarlet Ceo Native
  07/23/12
...
Wild Scarlet Ceo Native
  10/06/15
Gross simplification of British law.
Cheese-eating Corner Telephone
  03/22/12
I tend to agree with slim. However, there are the rare occur...
light space chad
  02/10/12
he is absolutely correct if you replace "fair" wit...
Costumed jade philosopher-king
  02/10/12
TYFT, brother. I agree whole-heartedly. Care to elaborate?
Wild Scarlet Ceo Native
  02/10/12
...
Wild Scarlet Ceo Native
  12/21/12
false (see dismissals on basis of statute of limitations pro...
maroon useless brakes
  02/09/12
cr
Unholy Cerebral Idiot
  02/09/12
provide please several citations to such dismissals along wi...
peach pea-brained hairy legs crackhouse
  02/09/12
...
aromatic carmine kitty dysfunction
  02/09/12
Duh! Those obvious cases are where the judge just applies th...
Wild Scarlet Ceo Native
  02/09/12
procedural defects aren't always clear-cut
spectacular fortuitous meteor property
  02/09/12
So do judges decide the bar on successive motions of habeas ...
Wild Scarlet Ceo Native
  02/09/12
don't know, don't care
spectacular fortuitous meteor property
  02/09/12
...
Wild Scarlet Ceo Native
  09/16/15
...
Wild Scarlet Ceo Native
  03/21/12
I find 'fairness' a weird name for what you're getting at
Gay Windowlicker
  02/09/12
What's a better word? I am trying to say that a judge decide...
Wild Scarlet Ceo Native
  02/09/12
you are 100% correct
Costumed jade philosopher-king
  02/10/12
whats a better word then?
Wild Scarlet Ceo Native
  04/17/12
...
Wild Scarlet Ceo Native
  03/22/12
most procedural errors are corrected via motion for leave to...
Racy topaz quadroon box office
  02/09/12
Very cogent, brother. Expand a little please.
Wild Scarlet Ceo Native
  02/09/12
no
Racy topaz quadroon box office
  02/09/12
lol
Razzle Bearded Mother
  12/21/12
...
angry nubile station
  04/07/17
(says something unintelligent about equitable tolling)
hot boltzmann
  02/09/12
Even tolling is applied according to fairly rigid doctrines....
maroon useless brakes
  02/09/12
How about at the COA and SCOTUS level?
Wild Scarlet Ceo Native
  02/09/12
what an idiot
Gay Windowlicker
  02/09/12
http://en.wikipedia.org/wiki/United_States_v._Reynolds
Maize Antidepressant Drug
  02/09/12
What about Maher Arar, brother?
Wild Scarlet Ceo Native
  02/09/12
uh, by definition, thats what equity courts are supposed to ...
doobsian contagious water buffalo
  02/09/12
even for courts of chancery, they decide on the basis of fai...
Wild Scarlet Ceo Native
  02/09/12
if chancery is the same as equity, then yes, that is the leg...
doobsian contagious water buffalo
  02/09/12
...
Wild Scarlet Ceo Native
  02/09/12
well duh, they're courts of chancery
hot boltzmann
  02/09/12
...
Wild Scarlet Ceo Native
  09/23/12
Twist: the law is fair
spruce lascivious juggernaut
  02/09/12
if law was fair, this guy would have gotten monetary relief....
Wild Scarlet Ceo Native
  02/09/12
But Slim, what argument that proceeding w his litigation sev...
spruce lascivious juggernaut
  02/09/12
The invocation of the State Secret privilege in this case wa...
Wild Scarlet Ceo Native
  02/09/12
That statement standing alone seems a little conclusory. Des...
spruce lascivious juggernaut
  02/09/12
read david cole's brief man. He litigated the case on appeal...
Wild Scarlet Ceo Native
  02/09/12
...
Wild Scarlet Ceo Native
  09/30/15
to be fair, no (see bush v. gore)
beady-eyed wine old irish cottage theater
  02/09/12
ya that was decided on the basis of fairness
Wild Scarlet Ceo Native
  02/09/12
Sarcasm?
spruce lascivious juggernaut
  02/09/12
the conservative bloc thought it was fair to give the electi...
Wild Scarlet Ceo Native
  02/09/12
But you didn't think it was. amirite
spruce lascivious juggernaut
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Wild Scarlet Ceo Native
  02/09/12
...
Wild Scarlet Ceo Native
  10/20/15
...
Wild Scarlet Ceo Native
  03/13/12
lol, just lol
beady-eyed wine old irish cottage theater
  02/09/12
Korematsu v. US
learning disabled shitlib
  02/09/12
fairness again
Wild Scarlet Ceo Native
  02/09/12
Korematsu would disagree with you.
learning disabled shitlib
  02/09/12
then what did they decide the case on ? not on the law...on ...
Wild Scarlet Ceo Native
  02/09/12
exigency =/= fairness.
Gay Windowlicker
  02/09/12
titocr
learning disabled shitlib
  02/09/12
define fairness, brother. is fairness some intangible, publi...
learning disabled shitlib
  02/09/12
See, e.g., JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPR...
Wild Scarlet Ceo Native
  02/09/12
attitudes/values =/= fairness
Gay Windowlicker
  02/09/12
You've never noticed that your COA judge decides on the basi...
Wild Scarlet Ceo Native
  02/09/12
attitudes are not fairness, brother. also, my judge (who I'm...
Gay Windowlicker
  02/09/12
I know the law might suggest an outcome, but ultimately, in ...
Wild Scarlet Ceo Native
  02/09/12
why the fuck does that matter, a hard case by definition is ...
Gay Windowlicker
  02/09/12
Hard cases are where the stakes tend to be extremely high on...
Wild Scarlet Ceo Native
  02/09/12
but you see, that's a HARD CASE about which the constitution...
Gay Windowlicker
  02/09/12
There you go, brother. You just recognized my point. Have yo...
Wild Scarlet Ceo Native
  02/09/12
but strong indeterminacy is bullshit, 99% of law is settled
Gay Windowlicker
  02/09/12
I just fucking said that. Christ. Thoughts on Critical L...
Wild Scarlet Ceo Native
  02/09/12
you so did not just fucking say that
Gay Windowlicker
  02/09/12
Oh apologies, brother. I meant I was NOT advocating Crit. Th...
Wild Scarlet Ceo Native
  02/09/12
...
Marvelous insecure messiness
  10/20/15
...
Wild Scarlet Ceo Native
  04/12/12
...
Wild Scarlet Ceo Native
  09/15/12
...
Wild Scarlet Ceo Native
  04/11/12
...
spruce lascivious juggernaut
  04/12/12
...
Wild Scarlet Ceo Native
  07/13/12
...
Wild Scarlet Ceo Native
  04/14/12
i smoke cocks. not bragging. just being.
Chest-beating Sweet Tailpipe Brunch
  02/10/12
1s agin the best poast itt
Lime fighting corn cake base
  02/10/12
Wrong. For example, there are tons of empirical studies show...
Pale medicated den roommate
  02/10/12
nice "pretending to not know that ssm is flame/retarded...
Gay Windowlicker
  02/10/12
someone's gotta feed the fire man
Pale medicated den roommate
  02/10/12
Fairness includes ideological preference. All I am trying to...
Wild Scarlet Ceo Native
  02/10/12
...
spruce lascivious juggernaut
  05/06/12
Apt, timely example: United States v. Jones. Whatever tha...
honey-headed boyish church
  02/10/12
Thank you brother. Also, can you discuss whether Justice ...
Wild Scarlet Ceo Native
  02/10/12
FROM A JOB OPPORTUNITY--BASICALLY PROVES JUDGES DECIDE CASE...
Wild Scarlet Ceo Native
  02/26/12
Your position is interesting, and perhaps even persuasive, b...
low-t appetizing indian lodge macaca
  04/14/12
Why, brother? Where you been?
Wild Scarlet Ceo Native
  04/14/12
Just messing with you man. I've been in lurk mode lately ma...
low-t appetizing indian lodge macaca
  04/14/12
How is California legal practice treating u, brother?
Wild Scarlet Ceo Native
  04/14/12
I like it for the most part man. I'm getting put on some fai...
low-t appetizing indian lodge macaca
  04/14/12
ahh nice, brother. Are you trying to open up your own place ...
Wild Scarlet Ceo Native
  04/14/12
that would be awesome, but I don't think I'm entrepreneurial...
low-t appetizing indian lodge macaca
  04/14/12
pretty easy argument when you define fairness as anything th...
Marvelous insecure messiness
  04/14/12
Your sophistication on these matters is utterly rudimentary....
Wild Scarlet Ceo Native
  04/14/12
explain in a cogent sentence please
Marvelous insecure messiness
  04/14/12
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?ar...
Wild Scarlet Ceo Native
  04/14/12
that's not a sentence brother. whose supreme court justic...
Marvelous insecure messiness
  04/14/12
...
Wild Scarlet Ceo Native
  05/23/12
...
puce round eye
  10/07/12
...
puce round eye
  10/16/12
miss this guy
shaky copper rehab
  03/27/14
...
low-t appetizing indian lodge macaca
  12/12/14
NFL refs too
crimson ticket booth national security agency
  10/06/15
...
Wild Scarlet Ceo Native
  10/20/15
...
drab faggot firefighter forum
  10/20/15
...
angry nubile station
  04/07/17
...
greedy pontificating market
  05/26/18
...
angry nubile station
  06/27/18
...
greedy pontificating market
  09/20/18
This is a question of legal philosophy. See “The Case of the...
Purple lettuce
  09/20/18
Honestly, I agree, especially at the appellate level. If th...
razzmatazz grizzly spot tattoo
  09/20/18


Poast new message in this thread



Reply Favorite

Date: February 9th, 2012 12:02 PM
Author: Wild Scarlet Ceo Native

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: Stirring Rambunctious Personal Credit Line Dilemma

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: Wild Scarlet Ceo Native

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: Gaped pocket flask

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: March 22nd, 2012 12:38 PM
Author: Cheese-eating Corner 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: light space chad

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: Costumed jade philosopher-king

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: Wild Scarlet Ceo Native

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 12:06 PM
Author: maroon useless brakes

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: Unholy Cerebral Idiot

cr

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



Reply Favorite

Date: February 9th, 2012 12:09 PM
Author: peach pea-brained hairy legs crackhouse

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: aromatic carmine kitty dysfunction



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



Reply Favorite

Date: February 9th, 2012 3:16 PM
Author: Wild Scarlet Ceo Native

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: spectacular fortuitous meteor property

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: Wild Scarlet Ceo Native

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: spectacular fortuitous meteor property

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: March 21st, 2012 10:47 AM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 5:43 PM
Author: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Costumed jade philosopher-king

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: Wild Scarlet Ceo Native

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 3:23 PM
Author: Racy topaz quadroon box office

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: Wild Scarlet Ceo Native

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: Racy topaz quadroon box office

no

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



Reply Favorite

Date: December 21st, 2012 11:33 PM
Author: Razzle Bearded Mother

lol

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



Reply Favorite

Date: April 7th, 2017 11:03 PM
Author: angry nubile station



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



Reply Favorite

Date: February 9th, 2012 5:48 PM
Author: hot boltzmann

(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: maroon useless brakes

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Maize Antidepressant Drug

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: Wild Scarlet Ceo Native

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: doobsian contagious water buffalo

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: Wild Scarlet Ceo Native

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: doobsian contagious water buffalo

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 5:51 PM
Author: hot boltzmann

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 4:02 PM
Author: spruce lascivious juggernaut

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: Wild Scarlet Ceo Native

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: spruce lascivious juggernaut

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: Wild Scarlet Ceo Native

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: spruce lascivious juggernaut

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: Wild Scarlet Ceo Native

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 4:11 PM
Author: beady-eyed wine old irish cottage theater

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: Wild Scarlet Ceo Native

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: spruce lascivious juggernaut

Sarcasm?

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



Reply Favorite

Date: February 9th, 2012 4:12 PM
Author: Wild Scarlet Ceo Native

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: spruce lascivious juggernaut

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: Wild Scarlet Ceo Native

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: March 13th, 2012 2:30 PM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 9th, 2012 4:12 PM
Author: beady-eyed wine old irish cottage theater

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: learning disabled shitlib

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: Wild Scarlet Ceo Native

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: learning disabled shitlib

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: learning disabled shitlib

titocr

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



Reply Favorite

Date: February 9th, 2012 5:50 PM
Author: learning disabled shitlib

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Gay Windowlicker

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: Wild Scarlet Ceo Native

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: Marvelous insecure messiness



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



Reply Favorite

Date: April 12th, 2012 11:40 AM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: September 15th, 2012 1:09 PM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: April 11th, 2012 6:32 PM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: April 12th, 2012 11:43 AM
Author: spruce lascivious juggernaut



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



Reply Favorite

Date: July 13th, 2012 10:58 PM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: April 14th, 2012 3:52 PM
Author: Wild Scarlet Ceo Native



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



Reply Favorite

Date: February 10th, 2012 2:03 AM
Author: Chest-beating Sweet Tailpipe Brunch

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: Lime fighting corn cake base

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: Pale medicated den roommate

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: Gay Windowlicker

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: Pale medicated den roommate

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: Wild Scarlet Ceo Native

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: spruce lascivious juggernaut



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



Reply Favorite

Date: February 10th, 2012 11:36 AM
Author: honey-headed boyish church

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: Wild Scarlet Ceo Native

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: Wild Scarlet Ceo Native

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: low-t appetizing indian lodge macaca

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: Wild Scarlet Ceo Native

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: low-t appetizing indian lodge macaca

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: Wild Scarlet Ceo Native

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: low-t appetizing indian lodge macaca

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: Wild Scarlet Ceo Native

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: low-t appetizing indian lodge macaca

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: Marvelous insecure messiness

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: Wild Scarlet Ceo Native

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: Marvelous insecure messiness

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: Wild Scarlet Ceo Native

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: Marvelous insecure messiness

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: October 7th, 2012 7:25 PM
Author: puce round eye



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



Reply Favorite

Date: October 16th, 2012 7:06 PM
Author: puce round eye



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



Reply Favorite

Date: March 27th, 2014 10:56 AM
Author: shaky copper rehab

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: low-t appetizing indian lodge macaca



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



Reply Favorite

Date: October 6th, 2015 12:37 PM
Author: crimson ticket booth national security agency

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: Wild Scarlet Ceo Native



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



Reply Favorite

Date: October 20th, 2015 6:22 PM
Author: drab faggot firefighter forum



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



Reply Favorite

Date: April 7th, 2017 11:02 PM
Author: angry nubile station



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



Reply Favorite

Date: May 26th, 2018 10:23 PM
Author: greedy pontificating market



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



Reply Favorite

Date: June 27th, 2018 12:17 PM
Author: angry nubile station



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



Reply Favorite

Date: September 20th, 2018 1:37 PM
Author: greedy pontificating market



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



Reply Favorite

Date: September 20th, 2018 1:43 PM
Author: Purple lettuce

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: razzmatazz grizzly spot tattoo

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)