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JUDGE POSNER ADMITS TO DECIDING CASES ON THE BASIS OF FAIRNESS, NOT LAW
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Date: September 15th, 2017 10:51 AM Author: bespoke blood rage filthpig https://www.nytimes.com/2017/09/11/us/politics/judge-richard-posner-retirement.html
He called his approach to judging pragmatic. His critics called it lawless. “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.” |
Date: September 15th, 2017 10:51 AM Author: Lascivious sooty brunch Awesome. As they should be (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34216956) |
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Date: September 15th, 2017 2:35 PM Author: cheese-eating black woman Horseshit.
That's terrible for for predictability. |
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Date: September 15th, 2017 2:36 PM Author: Lascivious sooty brunch Jajajajaja (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218676) |
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Date: September 15th, 2017 2:40 PM Author: jet-lagged plum coldplay fan crotch just predict what's fair (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218695) |
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Date: September 15th, 2017 2:45 PM Author: cheese-eating black woman Flame or not flame?
If not flame, that's largely what structured law is for.
It provides the rules for determining what's fair. |
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Date: September 15th, 2017 2:45 PM Author: Lascivious sooty brunch Laws aren't fair though (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218731) |
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Date: October 16th, 2017 7:12 PM Author: bespoke blood rage filthpig (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34458247) |
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Date: September 15th, 2017 7:22 PM Author: bespoke blood rage filthpig (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34220653) |
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Date: September 15th, 2017 10:53 AM Author: Blathering Spectacular Water Buffalo judges like this are why you settle litigation. i have appeared before this one federal judge where you can literally show them their own published cases saying "Point of Law X" on the exact same facts, sometimes with the exact same parties, and they will say "I think I'm going to rule Point of Law Not X because it feels right."
charlatans. |
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Date: September 15th, 2017 10:56 AM Author: bespoke blood rage filthpig but didnt he masquerade his feeling of "right" with a plethora of legal citations ? (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217001) |
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Date: September 15th, 2017 1:32 PM Author: Blathering Spectacular Water Buffalo Posner did. The judge(s) I'm talking about rule from the bench and never issue anything in writing other than the transcript so that they can't be reversed on appeal or ever called out (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218203) |
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Date: September 15th, 2017 11:23 AM Author: Swashbuckling dingle berry macaca (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217241) |
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Date: September 15th, 2017 11:31 AM Author: heady painfully honest potus area Truff, bro. Judges like this are also why the Russian way of just firing a few AK clips into the judges car with him in it is by far the credited response. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217278) |
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Date: September 15th, 2017 11:37 AM Author: Amber autistic hall Some day you will get arrested for what you write. It will make me happy. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217315) |
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Date: September 15th, 2017 11:40 AM Author: thriller skinny woman public bath (mentally ill fascist shitlib) (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217333) |
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Date: September 15th, 2017 11:42 AM Author: heady painfully honest potus area Before or after Red Dawn? (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217336) |
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Date: September 16th, 2017 10:16 PM Author: Contagious disgusting plaza (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226787) |
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Date: October 16th, 2017 8:04 PM Author: demanding kitty tattoo Had a judge say he was going to limit our depositions to 16 because his birthday was on the 16th. Seems fair (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34458568) |
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Date: September 15th, 2017 10:57 AM Author: onyx bisexual cruise ship personal credit line DESCRIBE the amount of projection in these statements:
----- “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
I asked him about his critics, and he said they fell into two camps.
***
He said he had less sympathy for the second camp. “There are others who are just, you know, reactionary beasts,” he said. “They’re reactionary beasts because they want to manipulate the statutes and the Constitution in their own way. |
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Date: September 15th, 2017 11:02 AM Author: Razzle parlour pistol this is why judges need to be intimidated (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217057) |
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Date: September 15th, 2017 11:04 AM Author: dashing up-to-no-good death wish affirmative action should be impeached. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217065) |
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Date: September 15th, 2017 11:22 AM Author: Aromatic stead doctorate He retired. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217221) |
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Date: September 15th, 2017 2:40 PM Author: jet-lagged plum coldplay fan crotch he retired (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218701) |
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Date: September 15th, 2017 7:24 PM Author: Vibrant mad cow disease *imprisoned (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34220667) |
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Date: September 15th, 2017 11:22 AM Author: Swashbuckling dingle berry macaca this is exactly why us law is a national embarrassment (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217231) |
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Date: September 15th, 2017 11:24 AM Author: Nudist useless brakes He has been running this schtick for literally decades. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217248) |
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Date: September 15th, 2017 11:27 AM Author: Indigo Glittery Wrinkle Crackhouse lol @ "the law" (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217260) |
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Date: September 15th, 2017 11:32 AM Author: stimulating crimson lay That's always bee his schtick (except that "fairness" to him means "economic rationality"), and the main reason he sucks. This shouldn't be a surprise. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217288) |
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Date: September 15th, 2017 11:35 AM Author: bespoke blood rage filthpig this doesnt suck--he is talking reality--judges dont really decide cases based on what 18 USC 2340 says, bro. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217302) |
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Date: September 15th, 2017 11:36 AM Author: stimulating crimson lay Yes it does, because it fucks up the law for all the other litigants that actually try to fucking follow the law (or at least act according to the law). You look at the law, and it's pretty clear on one point or another, but there's this shit Posner case out there that fucks everything up and injects uncertainty. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217307) |
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Date: September 15th, 2017 11:38 AM Author: Nudist useless brakes I agree with all this. In fairness, though, Posner's vaunted pragmatism doesn't appear to have influenced how he actually decided cases all that much, as an empirical matter. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217317) |
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Date: September 15th, 2017 2:53 PM Author: supple giraffe link? (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218779) |
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Date: September 15th, 2017 3:48 PM Author: Nudist useless brakes Daniel A. Farber, Do Theories of Statutory Interpretation Matter--A Case Study, 94 Nw. U. L. Rev. 1409 (1999), Available at: http://scholarship.law.berkeley.edu/facpubs/1724 |
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Date: September 15th, 2017 11:42 AM Author: bespoke blood rage filthpig But aren't you assuming that there is actually a formalist conception of law? Isn't law at the end of the day a matter of interpretation?
like whether a doctor violated the standard of care in a malpractice suit--isn't that all interpretation? |
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Date: September 15th, 2017 11:43 AM Author: stimulating crimson lay That doesn't mean any old interpretation is just as valid as any other interpretation. Jesus are you still a law student after 10 years? (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217350) |
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Date: September 15th, 2017 11:49 AM Author: Nudist useless brakes Careful he is leading you down a subthread wasteland. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217381) |
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Date: September 15th, 2017 2:53 PM Author: supple giraffe (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218782) |
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Date: September 15th, 2017 11:35 AM Author: Slate concupiscible sound barrier It would be funny to see Posner's reaction from the other side of the bench when some judge told him "I'm not concerned about what the law says, I'm looking for the reasonable solution here. Also I will bring in my own evidence from outside the record to support my conclusion." (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217303) |
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Date: September 15th, 2017 11:36 AM Author: Amber autistic hall Old England had courts of equity. If you could not get justice in the court of law, you went to the court of equity. This isn't all that earth shattering. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217308) |
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Date: September 15th, 2017 11:38 AM Author: heady painfully honest potus area And in Russia you just blow up the dude giving you a problem. Makes for a mich more civil society when you just kill dudes. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217324) |
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Date: September 15th, 2017 11:48 AM Author: maize high-end mental disorder bawdyhouse (pudgy dork with a compliance job) (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217377) |
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Date: September 16th, 2017 10:21 AM Author: histrionic mint pisswyrm principal's office (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34222985) |
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Date: September 17th, 2017 5:42 PM Author: bespoke blood rage filthpig (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34231097) |
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Date: September 15th, 2017 11:39 AM Author: Nudist useless brakes That's not at all how the equity - law divide worked. Wtf. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217325) |
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Date: September 15th, 2017 2:36 PM Author: cheese-eating black woman So let equity swallow it all?
Maybe.
But even the exercise of equity is (or at least should be) subject to principles of law. |
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Date: September 15th, 2017 11:49 AM Author: Titillating church building boiling water Just like every other judge in Amerikwa (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217382) |
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Date: September 15th, 2017 1:18 PM Author: bespoke blood rage filthpig (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218046) |
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Date: September 20th, 2017 10:59 AM Author: bespoke blood rage filthpig (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34250150) |
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Date: September 15th, 2017 2:34 PM Author: flushed really tough guy This "forget about the law" thinking is how you end up with rulings like the Title VII case where the Seventh Circuit said a law that explicitly bans gender and racial discrimination also implicitly bans discrimination based on sexual orientation, even though the law doesn't say anything about that.
Why even have a legislature if the judges are just going to do whatever they want, laws and Constitution be damned? If Posner's retirement means we get a new judge who will predictably and faithfully follow the law, then good riddance. |
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Date: September 15th, 2017 2:50 PM Author: stimulating crimson lay To be fair, sexual orientation discrimination is gender-based discrimination in 90% of cases. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218764) |
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Date: September 15th, 2017 2:37 PM Author: Excitant Out-of-control Immigrant House The "law" States that if your 6 year old son demands to be a girl you will have the state take him and feed him estrogen if you refuse.
Ljl at our "laws", what a joke.
I love reactionary dandies like this judge. |
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Date: September 15th, 2017 2:54 PM Author: drunken rambunctious preventive strike stage OMG THAT'S SO ZEN AND ICONOCLASTIC. SO 'PRAGMATIC'! HEHEHEHE |
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Date: September 15th, 2017 3:49 PM Author: thriller skinny woman public bath moar like pozner amirite (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34219138) |
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Date: September 15th, 2017 7:28 PM Author: drunken rambunctious preventive strike stage 'THE LAW' IS FOR THE LITTLE PEOPLE, THE PLEBES. I AM ABOVE THE LAW. I AM PURE. I ABIDE BY A HIGHER TRANSENDENT STANDARD OF COMSIC JUSTICE AND FAIRNESS. OOOOH LOOK AT MY ROBES! I'M LIKE A WIZARD! |
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Date: September 15th, 2017 7:32 PM Author: vengeful appetizing trailer park voyeur imagine having a 7th cir argument in front of Posner or Easterbrook.
you'd tell your client, "look, they are going to ignore all the facts and law we've been arguing about for years. they're just going to do whatever they want. and there's a good chance they will trash me, trash opposing counsel, or both of us, just for fun." |
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Date: September 15th, 2017 8:06 PM Author: Nudist useless brakes (Albert Alschuler) (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34220841) |
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Date: September 16th, 2017 10:32 AM Author: Bateful Lime Stage Not earth shattering legal advice. Counseled clients into settlements for similar reasons in 9th circuit. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34223018) |
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Date: September 17th, 2017 6:15 PM Author: Ivory Marketing Idea God, the terror of having to make a practical argument. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34231248) |
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Date: September 15th, 2017 9:42 PM Author: cheese-eating black woman Dear Posner,
Did anyone ever tell you that you think far too much of your legal writing abilities? |
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Date: September 16th, 2017 8:53 PM Author: bespoke blood rage filthpig elaborate (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226371) |
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Date: September 16th, 2017 9:56 PM Author: cheese-eating black woman The best legal writing has a strong, logical, well structured heart.
In addition to playing fast and loose with the facts, Posner sacrifices much of that in service to his goal of telling simple stories for the masses.
That's not a call for jargon or any such nonsense. Posner simply isn't as good a writer as some other notable judges, but Posner doesn't seem to understand that. |
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Date: September 16th, 2017 9:59 PM Author: Nudist useless brakes (Selya) (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226694) |
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Date: September 16th, 2017 10:04 PM Author: cheese-eating black woman A nut from a different tree. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226723) |
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Date: September 16th, 2017 10:09 PM Author: Nudist useless brakes I'm partial to Friendly's method of writing opinions, but it is an acquired taste.
I'd rank Easterbrook over Posner on the Seventh Circuit. This includes both opinions and scholarship.
Some DC Cir. judges are good, but boring.
To name some ladies of the bar, I've been favorably impressed by King (5th Cir.) and Kearse (2d Cir.).
Did you ever try to read Posner's N.D. Il. damages opinions (he sought to sit by designation a few times)? |
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Date: September 17th, 2017 7:23 PM Author: razzle-dazzle native Kill yourself. Selya is awesome. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34231577) |
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Date: September 17th, 2017 7:35 PM Author: Nudist useless brakes ? I like Selya. Was just trying to think of who might level this type of charge at Posner. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34231633) |
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Date: September 17th, 2017 7:47 PM Author: razzle-dazzle native *heaves sigh of relief* (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34231675) |
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Date: September 16th, 2017 10:54 PM Author: brass depressive sneaky criminal This is why he got magna-pwned. Prescient HLS faculty wanted to put him in his place. (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226953) |
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Date: September 16th, 2017 9:26 PM Author: Hot aphrodisiac legend cuckoldry Kennedy, J., concurring (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226532) |
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Date: September 16th, 2017 10:46 PM Author: Maniacal impressive idea he suggested gunner Good to have a smart guy inside the judiciary who's willing to speak up when something doesn't make sense. You guys want judges like Scalia who talk about the letter of the law disingenuously and reach whatever result they want? (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226906) |
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Date: September 16th, 2017 10:56 PM Author: drunken rambunctious preventive strike stage can't stop lolling at 'the law' what a joke |
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Date: September 20th, 2017 11:00 AM Author: disturbing church lettuce think there was something about this on last Saturday's LSAT (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34250158) |
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Date: September 28th, 2017 3:23 PM Author: bespoke blood rage filthpig (http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34318718) |