The most prestigious law school admissions discussion board in the world.
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RESOLVED: JUDGES DECIDE CASES ON THE BASIS OF FAIRNESS, NOT LAW
| pale chest-beating property | 02/09/12 |
| carmine exciting state | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Coral Mind-boggling Location | 02/10/12 |
| Floppy juggernaut hospital | 02/10/12 |
| pale chest-beating property | 07/23/12 |
| pale chest-beating property | 10/06/15 |
| Crimson Soggy Resort Lettuce | 03/22/12 |
| Odious Mexican | 02/10/12 |
| henna drunken toaster theater stage | 02/10/12 |
| pale chest-beating property | 02/10/12 |
| pale chest-beating property | 12/21/12 |
| umber patrolman | 02/09/12 |
| Fiercely-loyal Hyperventilating Codepig French Chef | 02/09/12 |
| Irradiated Vengeful Chapel | 02/09/12 |
| stimulating cumskin internal respiration | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| provocative yellow theatre | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| provocative yellow theatre | 02/09/12 |
| pale chest-beating property | 09/16/15 |
| pale chest-beating property | 03/21/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| henna drunken toaster theater stage | 02/10/12 |
| pale chest-beating property | 04/17/12 |
| pale chest-beating property | 03/22/12 |
| lake cruel-hearted stage ceo | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| lake cruel-hearted stage ceo | 02/09/12 |
| razzle shitlib garrison | 12/21/12 |
| motley death wish | 04/07/17 |
| brilliant national philosopher-king | 02/09/12 |
| umber patrolman | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| comical iridescent half-breed | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| obsidian boistinker marketing idea | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| obsidian boistinker marketing idea | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| brilliant national philosopher-king | 02/09/12 |
| pale chest-beating property | 09/23/12 |
| exhilarant personal credit line | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| exhilarant personal credit line | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| exhilarant personal credit line | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| pale chest-beating property | 09/30/15 |
| talented gas station | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| exhilarant personal credit line | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| exhilarant personal credit line | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| pale chest-beating property | 10/20/15 |
| pale chest-beating property | 03/13/12 |
| talented gas station | 02/09/12 |
| indigo clown center | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| indigo clown center | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| indigo clown center | 02/09/12 |
| indigo clown center | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| Floppy juggernaut hospital | 02/09/12 |
| pale chest-beating property | 02/09/12 |
| mewling bonkers volcanic crater keepsake machete | 10/20/15 |
| pale chest-beating property | 04/12/12 |
| pale chest-beating property | 09/15/12 |
| pale chest-beating property | 04/11/12 |
| exhilarant personal credit line | 04/12/12 |
| pale chest-beating property | 07/13/12 |
| pale chest-beating property | 04/14/12 |
| appetizing queen of the night | 02/10/12 |
| Green Spectacular Elastic Band Preventive Strike | 02/10/12 |
| hyperactive house-broken public bath | 02/10/12 |
| Floppy juggernaut hospital | 02/10/12 |
| hyperactive house-broken public bath | 02/10/12 |
| pale chest-beating property | 02/10/12 |
| exhilarant personal credit line | 05/06/12 |
| Azure Excitant Set | 02/10/12 |
| pale chest-beating property | 02/10/12 |
| pale chest-beating property | 02/26/12 |
| Outnumbered box office feces | 04/14/12 |
| pale chest-beating property | 04/14/12 |
| Outnumbered box office feces | 04/14/12 |
| pale chest-beating property | 04/14/12 |
| Outnumbered box office feces | 04/14/12 |
| pale chest-beating property | 04/14/12 |
| Outnumbered box office feces | 04/14/12 |
| mewling bonkers volcanic crater keepsake machete | 04/14/12 |
| pale chest-beating property | 04/14/12 |
| mewling bonkers volcanic crater keepsake machete | 04/14/12 |
| pale chest-beating property | 04/14/12 |
| mewling bonkers volcanic crater keepsake machete | 04/14/12 |
| pale chest-beating property | 05/23/12 |
| Glittery library | 10/07/12 |
| Glittery library | 10/16/12 |
| Cracking bat-shit-crazy headpube wrinkle | 03/27/14 |
| Outnumbered box office feces | 12/12/14 |
| Beady-eyed painfully honest bbw | 10/06/15 |
| pale chest-beating property | 10/20/15 |
| dead translucent background story | 10/20/15 |
| motley death wish | 04/07/17 |
| Fear-inspiring temple people who are hurt | 05/26/18 |
| motley death wish | 06/27/18 |
| Fear-inspiring temple people who are hurt | 09/20/18 |
| Laughsome disrespectful address quadroon | 09/20/18 |
| Histrionic Bawdyhouse | 09/20/18 |
Poast new message in this thread
Date: February 9th, 2012 12:02 PM Author: pale chest-beating property Any credible disagreement with this proposition? (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930168) |
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Date: February 9th, 2012 4:16 PM Author: carmine exciting state 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) |
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Date: February 9th, 2012 8:38 PM Author: pale chest-beating property 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). |
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Date: February 10th, 2012 1:55 AM Author: Coral Mind-boggling Location 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) |
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Date: February 10th, 2012 2:02 AM Author: Floppy juggernaut hospital 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) |
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Date: July 23rd, 2012 2:13 PM Author: pale chest-beating property http://www.hairfinder.com/celebrityhairstyles2/sarah-shahi2.jpg (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21155031) |
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Date: October 6th, 2015 12:30 PM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28910878) |
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Date: March 22nd, 2012 12:38 PM Author: Crimson Soggy Resort Lettuce Gross simplification of British law. (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20267597) |
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Date: February 10th, 2012 3:34 AM Author: Odious Mexican 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. |
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Date: February 10th, 2012 8:26 AM Author: henna drunken toaster theater stage 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. |
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Date: February 10th, 2012 8:47 PM Author: pale chest-beating property TYFT, brother. I agree whole-heartedly. Care to elaborate? (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19939799) |
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Date: December 21st, 2012 11:18 PM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#22294286) |
Date: February 9th, 2012 12:06 PM Author: umber patrolman 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) |
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Date: February 9th, 2012 12:09 PM Author: Fiercely-loyal Hyperventilating Codepig French Chef cr (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930213) |
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Date: February 9th, 2012 12:09 PM Author: Irradiated Vengeful Chapel 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) |
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Date: February 9th, 2012 12:13 PM Author: stimulating cumskin internal respiration (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930248) |
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Date: February 9th, 2012 3:16 PM Author: pale chest-beating property 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) |
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Date: February 9th, 2012 4:05 PM Author: provocative yellow theatre procedural defects aren't always clear-cut (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931518) |
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Date: February 9th, 2012 4:06 PM Author: pale chest-beating property 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) |
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Date: February 9th, 2012 4:08 PM Author: provocative yellow theatre don't know, don't care (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931531) |
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Date: September 16th, 2015 12:44 PM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28766995) |
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Date: March 21st, 2012 10:47 AM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20257024) |
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Date: February 9th, 2012 5:43 PM Author: Floppy juggernaut hospital 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) |
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Date: February 9th, 2012 8:08 PM Author: pale chest-beating property 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) |
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Date: February 10th, 2012 8:31 AM Author: henna drunken toaster theater stage you are 100% correct
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Date: April 17th, 2012 9:00 AM Author: pale chest-beating property whats a better word then? (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20481268) |
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Date: March 22nd, 2012 11:58 AM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#20267364) |
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Date: February 9th, 2012 3:23 PM Author: lake cruel-hearted stage ceo 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. |
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Date: February 9th, 2012 3:24 PM Author: pale chest-beating property Very cogent, brother. Expand a little please. (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931304) |
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Date: February 9th, 2012 3:27 PM Author: lake cruel-hearted stage ceo no (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931325) |
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Date: December 21st, 2012 11:33 PM Author: razzle shitlib garrison lol (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#22294360) |
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Date: April 7th, 2017 11:03 PM Author: motley death wish (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#33022612) |
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Date: February 9th, 2012 5:48 PM Author: brilliant national philosopher-king (says something unintelligent about equitable tolling) (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932040) |
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Date: February 9th, 2012 9:41 PM Author: umber patrolman 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. |
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Date: February 9th, 2012 9:42 PM Author: pale chest-beating property How about at the COA and SCOTUS level? (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933679) |
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Date: February 9th, 2012 12:09 PM Author: Floppy juggernaut hospital what an idiot (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19930214) |
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Date: February 9th, 2012 3:32 PM Author: comical iridescent half-breed http://en.wikipedia.org/wiki/United_States_v._Reynolds (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931347) |
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Date: February 9th, 2012 3:33 PM Author: pale chest-beating property What about Maher Arar, brother? (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931355) |
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Date: February 9th, 2012 3:37 PM Author: obsidian boistinker marketing idea uh, by definition, thats what equity courts are supposed to do. (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931372) |
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Date: February 9th, 2012 3:57 PM Author: pale chest-beating property 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) |
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Date: February 9th, 2012 5:50 PM Author: obsidian boistinker marketing idea 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) |
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Date: February 9th, 2012 9:26 PM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19933582) |
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Date: February 9th, 2012 5:51 PM Author: brilliant national philosopher-king well duh, they're courts of chancery (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19932067) |
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Date: September 23rd, 2012 11:18 PM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#21645753) |
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Date: February 9th, 2012 4:02 PM Author: exhilarant personal credit line Twist: the law is fair (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#19931502) |
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Date: February 9th, 2012 4:04 PM Author: pale chest-beating property if law was fair, this guy would have gotten monetary relief. http://en.wikipedia.org/wiki/Maher_Arar |
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Date: February 9th, 2012 4:07 PM Author: exhilarant personal credit line 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) |
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Date: February 9th, 2012 4:09 PM Author: pale chest-beating property 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) |
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Date: February 9th, 2012 4:11 PM Author: exhilarant personal credit line 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) |
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Date: February 9th, 2012 4:34 PM Author: pale chest-beating property 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) |
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Date: September 30th, 2015 9:40 AM Author: pale chest-beating property (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#28867546) |
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Date: February 9th, 2012 4:11 PM Author: talented gas station 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: pale chest-beating property 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: exhilarant personal credit line 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: pale chest-beating property 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: exhilarant personal credit line 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: pale chest-beating property 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 |
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Date: October 20th, 2015 5:37 PM Author: pale chest-beating property (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: pale chest-beating property (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: talented gas station 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: indigo clown center 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: pale chest-beating property 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: indigo clown center 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: pale chest-beating property 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: Floppy juggernaut hospital 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: indigo clown center 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: indigo clown center 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: pale chest-beating property 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) |
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Date: February 9th, 2012 9:32 PM Author: Floppy juggernaut hospital 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: pale chest-beating property 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: Floppy juggernaut hospital 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: pale chest-beating property 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: Floppy juggernaut hospital 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: pale chest-beating property 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. |
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Date: February 9th, 2012 9:45 PM Author: Floppy juggernaut hospital 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: pale chest-beating property 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: Floppy juggernaut hospital 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: pale chest-beating property I just fucking said that. Christ.
Thoughts on Critical Legal Studies? |
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Date: February 9th, 2012 9:54 PM Author: Floppy juggernaut hospital 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: pale chest-beating property 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: mewling bonkers volcanic crater keepsake machete (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: pale chest-beating property (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: pale chest-beating property (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: pale chest-beating property (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: exhilarant personal credit line (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: pale chest-beating property (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: pale chest-beating property (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: appetizing queen of the night 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: Green Spectacular Elastic Band Preventive Strike 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: hyperactive house-broken public bath 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." |
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Date: February 10th, 2012 2:43 AM Author: Floppy juggernaut hospital 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: hyperactive house-broken public bath 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: pale chest-beating property 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: exhilarant personal credit line (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: Azure Excitant Set 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. |
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Date: February 10th, 2012 11:40 AM Author: pale chest-beating property Thank you brother.
Also, can you discuss whether Justice Alito's concurrence is based on notions of fairness? |
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Date: February 26th, 2012 12:59 PM Author: pale chest-beating property 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. |
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Date: April 14th, 2012 3:58 PM Author: Outnumbered box office feces 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: pale chest-beating property 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: Outnumbered box office feces 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: pale chest-beating property 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: Outnumbered box office feces 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.) |
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Date: April 14th, 2012 4:18 PM Author: pale chest-beating property 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: Outnumbered box office feces 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? |
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Date: April 14th, 2012 4:01 PM Author: mewling bonkers volcanic crater keepsake machete 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: pale chest-beating property 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: mewling bonkers volcanic crater keepsake machete 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: pale chest-beating property 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: mewling bonkers volcanic crater keepsake machete that's not a sentence brother.
whose supreme court justice's writing do you most admire brother |
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Date: May 23rd, 2012 10:00 PM Author: pale chest-beating property (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: Glittery library (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: Glittery library (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: Cracking bat-shit-crazy headpube wrinkle 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: Outnumbered box office feces (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: Beady-eyed painfully honest bbw 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: pale chest-beating property (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: dead translucent background story (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: motley death wish (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: Fear-inspiring temple people who are hurt (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: motley death wish (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: Fear-inspiring temple people who are hurt (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: Laughsome disrespectful address quadroon 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: Histrionic Bawdyhouse 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) |