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RESOLVED: JUDGES DECIDE CASES ON THE BASIS OF FAIRNESS, NOT LAW
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Date: February 9th, 2012 12:02 PM |
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Date: February 9th, 2012 4:16 PM |
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Date: February 9th, 2012 8:38 PM and values rather than on legal considerations). |
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Date: February 10th, 2012 1:55 AM |
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Date: February 10th, 2012 2:02 AM |
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Date: July 23rd, 2012 2:13 PM |
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Date: March 22nd, 2012 12:38 PM |
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Date: February 10th, 2012 3:34 AM
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
anyone who disputes this is a fucking retard. |
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Date: February 10th, 2012 8:47 PM |
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Date: December 21st, 2012 11:18 PM |
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Date: February 9th, 2012 12:06 PM |
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Date: February 9th, 2012 12:09 PM |
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Date: February 9th, 2012 12:09 PM |
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Date: February 9th, 2012 12:13 PM |
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Date: February 9th, 2012 3:16 PM |
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Date: February 9th, 2012 4:05 PM |
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Date: February 9th, 2012 4:06 PM |
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Date: February 9th, 2012 4:08 PM |
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Date: March 21st, 2012 10:47 AM |
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Date: February 9th, 2012 5:43 PM |
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Date: February 9th, 2012 8:08 PM |
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Date: February 10th, 2012 8:31 AM
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Date: April 17th, 2012 9:00 AM |
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Date: March 22nd, 2012 11:58 AM |
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Date: February 9th, 2012 3:23 PM
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 |
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Date: February 9th, 2012 3:27 PM |
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Date: December 21st, 2012 11:33 PM |
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Date: February 9th, 2012 5:48 PM |
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Date: February 9th, 2012 9:41 PM
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 |
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Date: February 9th, 2012 12:09 PM |
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Date: February 9th, 2012 3:32 PM |
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Date: February 9th, 2012 3:33 PM |
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Date: February 9th, 2012 3:37 PM |
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Date: February 9th, 2012 3:57 PM |
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Date: February 9th, 2012 5:50 PM |
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Date: February 9th, 2012 9:26 PM |
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Date: February 9th, 2012 5:51 PM |
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Date: September 23rd, 2012 11:18 PM |
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Date: February 9th, 2012 4:02 PM |
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Date: February 9th, 2012 4:04 PM http://en.wikipedia.org/wiki/Maher_Arar |
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Date: February 9th, 2012 4:07 PM |
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Date: February 9th, 2012 4:09 PM |
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Date: February 9th, 2012 4:11 PM |
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Date: February 9th, 2012 4:34 PM |
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Date: February 9th, 2012 4:11 PM |
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Date: February 9th, 2012 4:11 PM |
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Date: February 9th, 2012 4:11 PM |
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Date: February 9th, 2012 4:12 PM |
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Date: February 9th, 2012 4:15 PM |
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Date: February 9th, 2012 8:38 PM and values rather than on legal considerations |
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Date: March 13th, 2012 2:30 PM |
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Date: February 9th, 2012 4:12 PM |
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Date: February 9th, 2012 4:15 PM |
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Date: February 9th, 2012 4:30 PM |
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Date: February 9th, 2012 5:39 PM |
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Date: February 9th, 2012 5:42 PM |
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Date: February 9th, 2012 5:49 PM |
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Date: February 9th, 2012 5:55 PM |
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Date: February 9th, 2012 5:50 PM |
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Date: February 9th, 2012 8:07 PM and values rather than on legal considerations) |
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Date: February 9th, 2012 9:32 PM |
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Date: February 9th, 2012 9:33 PM |
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Date: February 9th, 2012 9:35 PM |
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Date: February 9th, 2012 9:37 PM |
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Date: February 9th, 2012 9:38 PM |
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Date: February 9th, 2012 9:39 PM
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 |
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Date: February 9th, 2012 9:46 PM |
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Date: February 9th, 2012 9:51 PM |
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Date: February 9th, 2012 9:53 PM
Thoughts on Critical Legal Studies? |
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Date: February 9th, 2012 9:54 PM |
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Date: February 9th, 2012 9:56 PM |
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Date: April 12th, 2012 11:40 AM |
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Date: September 15th, 2012 1:09 PM |
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Date: April 11th, 2012 6:32 PM |
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Date: April 12th, 2012 11:43 AM |
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Date: July 13th, 2012 10:58 PM |
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Date: April 14th, 2012 3:52 PM |
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Date: February 10th, 2012 2:03 AM |
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Date: February 10th, 2012 3:14 AM |
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Date: February 10th, 2012 2:41 AM
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 |
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Date: February 10th, 2012 2:47 AM |
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Date: February 10th, 2012 8:59 AM |
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Date: May 6th, 2012 3:35 PM |
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Date: February 10th, 2012 11:36 AM
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
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
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.
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Date: April 14th, 2012 3:58 PM |
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Date: April 14th, 2012 3:59 PM |
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Date: April 14th, 2012 4:06 PM |
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Date: April 14th, 2012 4:07 PM |
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Date: April 14th, 2012 4:17 PM
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 |
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Date: April 14th, 2012 4:40 PM
Are you working these days, brother? |
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Date: April 14th, 2012 4:01 PM |
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Date: April 14th, 2012 4:07 PM |
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Date: April 14th, 2012 4:08 PM |
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Date: April 14th, 2012 4:09 PM |
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Date: April 14th, 2012 4:16 PM
whose supreme court justice's writing do you most admire brother |
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Date: May 23rd, 2012 10:00 PM |
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Date: October 7th, 2012 7:25 PM |
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Date: October 16th, 2012 7:06 PM |