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fabricated evidence
Prosecutors have to be given some leeway in presenting the evidence. Let the judge and the defense decide if they are pushing it!
Posted to Supreme Court Dispatches by david wayne osedach on November 5, 2009
Artificial Person with No Soul and No Conscience
That's the legal and social status of a corporation in America. The absurdity of it is that corporations exist by virtue of government franchise. In other words, the government, created by the people to serve their needs, now creates artificial persons with the same rights as natural persons. How could that possibly be? That's like humans creating ...
Posted to The Best Policy by rjhuntington on September 8, 2009
Going back to the intent of the founding fathers
On of the the reasons for the institution of the constitution was the abolition of the concept of inherited leadership, as enshrined in the British rules and traditions of inheritance of property and ranks of nobility. This important to note, since there was no decoupling of either in the intent of law. Property of a title was equated with ...
Posted to The Big Idea by Emerald55 on August 29, 2009
What other 'democracies'?
The argument that ''other democracies typically favor a more streamlined parliamentary approach'' is disingenuous to say the least. If anyone in California feels under-represented in the Senate, then they should try living in one of those 'other democracies', where you are likely to have no representation at all. If you live Durham, York, or ...
Posted to Prescriptions by dajhilton on July 31, 2009
Ricci Limerick
I'm behind in my reading, and I can't believe no one took Ms. Lithwick up on her invitation to find a limerick for the Ricci case, so I've surely missed the relevant thread. But I took a crack at it, and here 'tis: If New Haven's standards were too exact, Their results were sure to have disparate impact. But for poor, Mr. Ricci Will they ...
Posted to The Breakfast Table by gluon1 on June 30, 2009
Re: The President's actual words
Einhard: Generally speaking Brit, the law does have only one correct interpretation. What's the point of a law if it is designed to be open to any number of interpretations? The responsibility of the courts is to decide how the framers of a particular law intended it to be applied, and for that purpose, personal opinion, including empathy is ...
Posted to Jurisprudence by neomoderaterevolution on May 13, 2009
Bybee deserves impeachment. Senate be Dammed!
Honestly, I could give a Rat's Ass about the negative effect on bi-partisan lovemaking. If the President wants to pass legislation that the Republicans will find difficult, that's his problem. Legislation is never going to be absolutely painless. Every single Republican senator and congressman is going to be as critical and trucklulent as ...
Posted to Jurisprudence by Raath on April 21, 2009
Transnationalism
Since Koh himself refers to his ideas as ''transnationalist jurisprudence'', it's quite fair to call him a transnationalist. While I grant that many of Koh's critics are raising misleading canards and distorting his views, the fundamental problem of transnationalism remains: If International Law contradicts the U.S. Constitution, which should ...
Posted to Jurisprudence by PendulumSwings on April 1, 2009
Is Judicial Review Constitutional?
I agree that Marbury created the notion of judicial review out of whole cloth, at least in the sense that it declared it to be a constitutional principle. And certainly, yes it was talked about by the author's in the Federalist papers, and at the ratifying conventions. But the plain and inescaple fact is that is was not explicitly written into ...
Posted to The Book Club by MassLawyer on March 18, 2009
Black Robed Hooliganism
$3 Million is a lot of money. You'd think that this case would be so obvious that it would not even be considered a question, rather it would elicit an outcry. A genuine rule of law is essential to our continued existence as a society. It is genuinely a shame that Judges that have sworn to uphold the law and to discharge their duties as ...
Posted to Supreme Court Dispatches by Scott McMillan on March 4, 2009

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