I think the primary difference between originalism and a pragmatic view, is not that there is less respect for precedent, but rather that there is...
I don't know how you infer this conclusion. The civil law system is FAR more deterministic than the common law system, because in the civil law,...
I don't have a personal problem with capital punishment, per se, as long as we recognize that it is not been proven to be a an effective deterrent...
I don't ask you to adopt my position. You can read what I have to say, and decide as you choose. If you think that there is anyone alive today who...
OK, you want me to admit I'm biased, just like every other human being, but not because it has any relevance to some substantive part of this...
You tend to make conclusory statements without any underlying support. If you're gonna claim that I have a bias, then state the facts. What bias...
I don't do email from this site. You can send me a PM if you want. As for the argument that the court's primary duty is to the litigants, just...
Feel better? You are misrepresenting or misunderstanding my position, which is that the court's duty is to resolve disputes between litagants....
Read Judge Richard Posner's book, "Understanding Law." (6th Circuit Court of Appeals), for a discussion of legal pragmatism. Posner is a U. of...
You asked one rhetorical question. My answer is an unqualified "yes," it is the court's primary duty to do justice to the litigants. The...
No need to be sorry. I'm satisfied that my presentation of the Separation of Powers issue is a reasonably accurate description of how the...
Quote from hapaboy: Okay, so there's a lot of controversy about the Dubai Ports deal, even among conservatives. Some answers below......
The separation of Powers is another not very well defined legal fiction. While we know that the President can't sit on the Supreme Court and be...
AAA's argument, which is the argument of the originalist/strict constructionist, in general, is that there is only one way to read the...
Your prima facie case presumes that a jurist must either strictly construe or broadly interpret the law, and that that there is no room for the...
To the issue of O'Connor's voting to end the Florida legal actions concerning the Bush-Gore election, you stated: "She is not a complete moron,...
Your sarcasm is duly noted. ;-) My post was intended to suggest that the Geneva Convention should be enforced by U.S. Courts, in any case where...
If I were sitting on a court considering the issue, I would hold: 1. That an enemy combatant is a person engaged in "combat," with the military...
There is no evidence, as of yet, that O'Connor's replacement is any more or less likely to legislate from the bench. Your view of the "simple...
I think that the advocate's position, in general, is frivolous. The child is an innocent, and if the man doesn't want to risk having a child, then...
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