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  • 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

  • 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

  • Not quite correct

    It seems that ''Telling Doctors What to Think'' is somewhat misleading about exactly what the 8th circuit did. From my reading of the ruling the 8th circuit vacated a preliminary injunction against the law, but that Planned Parenthood's case against the law will continue in the lower court. This means that while the law will go into effect, ...
    Posted to Jurisprudence by zosima on July 3, 2008

  • Swinging with Passion Makes for Bad Case Law

    Justice Anthony Kennedy is a passionate man. He was a passionate judge and now je is a passionate Justice. But while one may want zealousness in one’s representation in the legal arena, passion in deciding law is dangerous, if not outright foolishness. Passions are swayed. Passions are fired up. Passions are capricious. On April 18, 2007, Ms. ...
    Posted to Jurisprudence by IMKessel on June 20, 2008

  • For those opposing gay marriage...

    Some important points for those of you who oppose gay marriage: 1) This is not about religion. California's decision to permit gay marriages does not mean gay people are getting married in your church. Your church has every right to continue to prohibit gays from getting married. This is about the government granting gay couples rights such as ...
    Posted to Jurisprudence by voxpop78 on June 18, 2008

  • Why I'm an American in Exile...

    On June 13th, 2007, I received a death threat from someone claiming to be a member of the US Intelligence community. What was my ''crime''? I blew the whistle on the election fraud of 2004. Why did the CIA feel threatened by this? Because I revealed how they smuggled cocaine into the US using a front company called ''Skyway Communications''. ...
    Posted to Jurisprudence by amerigobard on November 24, 2007

  • Original Meaning

    Though it sounds tricky, it's not so difficult to rely on the original meaning of the words used in a legal document. Here's how. A foundation of statutory construction is that the law means what the words in it say, and that the words used (unless defined in the law itself) have the same meaning as they did in common usage ...
    Posted to Jurisprudence by rjhuntington on August 2, 2007