RESOLVED: JUDGES DECIDE CASES ON THE BASIS OF FAIRNESS, NOT LAW
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Date: February 10th, 2012 2:41 AM Author: aqua kink-friendly garrison
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) |
Date: February 10th, 2012 11:36 AM Author: rambunctious violent weed whacker lodge
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) |
Date: February 26th, 2012 12:59 PM Author: Bipolar senate
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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