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
| outnumbered queen of the night | 02/09/12 |
| Big-titted sinister potus son of senegal | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Drab people who are hurt | 02/10/12 |
| Pungent volcanic crater station | 02/10/12 |
| outnumbered queen of the night | 07/23/12 |
| outnumbered queen of the night | 10/06/15 |
| slate old irish cottage | 03/22/12 |
| Charismatic geriatric institution mexican | 02/10/12 |
| Effete stage | 02/10/12 |
| outnumbered queen of the night | 02/10/12 |
| outnumbered queen of the night | 12/21/12 |
| ungodly death wish | 02/09/12 |
| zippy flirting masturbator main people | 02/09/12 |
| Razzle sadistic theatre | 02/09/12 |
| Beady-eyed hall | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| vengeful skinny woman university | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| vengeful skinny woman university | 02/09/12 |
| outnumbered queen of the night | 09/16/15 |
| outnumbered queen of the night | 03/21/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Effete stage | 02/10/12 |
| outnumbered queen of the night | 04/17/12 |
| outnumbered queen of the night | 03/22/12 |
| turquoise bespoke bawdyhouse | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| turquoise bespoke bawdyhouse | 02/09/12 |
| exciting mood tattoo | 12/21/12 |
| pearly telephone point | 04/07/17 |
| Massive drunken roast beef toaster | 02/09/12 |
| ungodly death wish | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| stimulating painfully honest rigpig | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| frisky iridescent abode | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| frisky iridescent abode | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Massive drunken roast beef toaster | 02/09/12 |
| outnumbered queen of the night | 09/23/12 |
| Yellow magical chapel persian | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Yellow magical chapel persian | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Yellow magical chapel persian | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| outnumbered queen of the night | 09/30/15 |
| Bonkers Insecure Ticket Booth | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Yellow magical chapel persian | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Yellow magical chapel persian | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| outnumbered queen of the night | 10/20/15 |
| outnumbered queen of the night | 03/13/12 |
| Bonkers Insecure Ticket Booth | 02/09/12 |
| Sooty pozpig | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Sooty pozpig | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| Sooty pozpig | 02/09/12 |
| Sooty pozpig | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Pungent volcanic crater station | 02/09/12 |
| outnumbered queen of the night | 02/09/12 |
| Onyx motley hell | 10/20/15 |
| outnumbered queen of the night | 04/12/12 |
| outnumbered queen of the night | 09/15/12 |
| outnumbered queen of the night | 04/11/12 |
| Yellow magical chapel persian | 04/12/12 |
| outnumbered queen of the night | 07/13/12 |
| outnumbered queen of the night | 04/14/12 |
| Ocher multi-colored location | 02/10/12 |
| bat shit crazy misunderstood gas station trump supporter | 02/10/12 |
| Swashbuckling Personal Credit Line Spot | 02/10/12 |
| Pungent volcanic crater station | 02/10/12 |
| Swashbuckling Personal Credit Line Spot | 02/10/12 |
| outnumbered queen of the night | 02/10/12 |
| Yellow magical chapel persian | 05/06/12 |
| sepia wonderful fat ankles | 02/10/12 |
| outnumbered queen of the night | 02/10/12 |
| outnumbered queen of the night | 02/26/12 |
| big base rigor | 04/14/12 |
| outnumbered queen of the night | 04/14/12 |
| big base rigor | 04/14/12 |
| outnumbered queen of the night | 04/14/12 |
| big base rigor | 04/14/12 |
| outnumbered queen of the night | 04/14/12 |
| big base rigor | 04/14/12 |
| Onyx motley hell | 04/14/12 |
| outnumbered queen of the night | 04/14/12 |
| Onyx motley hell | 04/14/12 |
| outnumbered queen of the night | 04/14/12 |
| Onyx motley hell | 04/14/12 |
| outnumbered queen of the night | 05/23/12 |
| Splenetic Tanning Salon | 10/07/12 |
| Splenetic Tanning Salon | 10/16/12 |
| Mischievous Irradiated Mental Disorder Giraffe | 03/27/14 |
| big base rigor | 12/12/14 |
| Copper floppy depressive | 10/06/15 |
| outnumbered queen of the night | 10/20/15 |
| marvelous shaky sound barrier | 10/20/15 |
| pearly telephone point | 04/07/17 |
| coral diverse jap | 05/26/18 |
| pearly telephone point | 06/27/18 |
| coral diverse jap | 09/20/18 |
| Zombie-like rebellious church building | 09/20/18 |
| Aquamarine indian lodge hunting ground | 09/20/18 |
Poast new message in this thread
Date: February 9th, 2012 12:02 PM Author: outnumbered queen of the night 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: Big-titted sinister potus son of senegal 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: outnumbered queen of the night 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: Drab people who are hurt 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: Pungent volcanic crater station 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: outnumbered queen of the night 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: outnumbered queen of the night (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: slate old irish cottage 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: Charismatic geriatric institution 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: Effete 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: outnumbered queen of the night 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: outnumbered queen of the night (http://www.autoadmit.com/thread.php?thread_id=1869594&forum_id=2#22294286) |
Date: February 9th, 2012 12:06 PM Author: ungodly death wish 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: zippy flirting masturbator main people 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: Razzle sadistic theatre 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: Beady-eyed hall (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: outnumbered queen of the night 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: vengeful skinny woman university 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: outnumbered queen of the night 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: vengeful skinny woman university 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: outnumbered queen of the night (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: outnumbered queen of the night (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: Pungent volcanic crater station 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: outnumbered queen of the night 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: Effete stage you are 100% correct
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Date: April 17th, 2012 9:00 AM Author: outnumbered queen of the night 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: outnumbered queen of the night (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: turquoise bespoke bawdyhouse 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: outnumbered queen of the night 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: turquoise bespoke bawdyhouse 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: exciting mood tattoo 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: pearly telephone point (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: Massive drunken roast beef toaster (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: ungodly death wish 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: stimulating painfully honest rigpig 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: outnumbered queen of the night 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: frisky iridescent abode 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: outnumbered queen of the night 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: frisky iridescent abode 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: outnumbered queen of the night (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: Massive drunken roast beef toaster 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: outnumbered queen of the night (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: Yellow magical chapel persian 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: outnumbered queen of the night 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: Yellow magical chapel persian 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: outnumbered queen of the night 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: Yellow magical chapel persian 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: outnumbered queen of the night 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: outnumbered queen of the night (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: Bonkers Insecure Ticket Booth 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: outnumbered queen of the night 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: Yellow magical chapel persian 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: outnumbered queen of the night 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: Yellow magical chapel persian 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: outnumbered queen of the night 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: outnumbered queen of the night (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: outnumbered queen of the night (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: Bonkers Insecure Ticket Booth 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: Sooty pozpig 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: outnumbered queen of the night 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: Sooty pozpig 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: Sooty pozpig 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: Sooty pozpig 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: outnumbered queen of the night 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: Pungent volcanic crater station 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: outnumbered queen of the night I just fucking said that. Christ.
Thoughts on Critical Legal Studies? |
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Date: February 9th, 2012 9:54 PM Author: Pungent volcanic crater station 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: outnumbered queen of the night 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: Onyx motley hell (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: outnumbered queen of the night (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: outnumbered queen of the night (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: outnumbered queen of the night (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: Yellow magical chapel persian (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: outnumbered queen of the night (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: outnumbered queen of the night (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: Ocher multi-colored location 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: bat shit crazy misunderstood gas station trump supporter 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: Swashbuckling Personal Credit Line Spot 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: Pungent volcanic crater station 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: Swashbuckling Personal Credit Line Spot 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: outnumbered queen of the night 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: Yellow magical chapel persian (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: sepia wonderful fat ankles 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: outnumbered queen of the night 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: outnumbered queen of the night 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: big base rigor 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: outnumbered queen of the night 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: big base rigor 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: outnumbered queen of the night 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: big base rigor 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: outnumbered queen of the night 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: big base rigor 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: Onyx motley hell 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: outnumbered queen of the night 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: Onyx motley hell 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: outnumbered queen of the night 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: Onyx motley hell 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: outnumbered queen of the night (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: Splenetic Tanning Salon (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: Splenetic Tanning Salon (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: Mischievous Irradiated Mental Disorder Giraffe 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: big base rigor (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: Copper floppy depressive 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: outnumbered queen of the night (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: marvelous shaky sound barrier (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: pearly telephone point (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: coral diverse jap (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: pearly telephone point (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: coral diverse jap (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: Zombie-like rebellious church building 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: Aquamarine indian lodge hunting ground 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) |