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Posts by julian (wants to codify Bivens)

Might such thinking find a home "in law," if not in a law school, perhaps somewhere else "in" the profession? The answer must be a definite No. Nothing at all in the intellectual make-up of a lawyer prepares him to pose any essential question, not even the question regarding the essence of law. On the contrary, in order to conduct his business, he must at all times assume that he already knows well enough all there is to be known about what is law. Indeed he is a master at
"finding the law" in every case that comes on his desk. Were he seriously to question the essence of law, all his practice would ipso facto come to a grinding halt. That is presumably why American "jurisprudence" has never added up to anything of substance: Only a few slogans - "the standpoint of the bad man," "realism," "the right answer thesis" - the manifest falseness of which condemns them to oblivion, even if at first they, like scandal, succeed in provoking attention.

Might such thinking find a home "in law," if not in a law school, perhaps somewhere else "in" the profession? The answer must be a definite No. Nothing at all in the intellectual make-up of a lawyer prepares him to pose any essential question, not even the question regarding the essence of law. On the contrary, in order to conduct his business, he must at all times assume that he already knows well enough all there is to be known about what is law. Indeed he is a master at "finding the law" in every case that comes on his desk. Were he seriously to question the essence of law, all his practice would ipso facto come to a grinding halt. That is presumably why American "jurisprudence" has never added up to anything of substance: Only a few slogans - "the standpoint of the bad man," "realism," "the right answer thesis" - the manifest falseness of which condemns them to oblivion, even if at first they, like scandal, succeed in provoking attention.

from Philippe Nonet’s “Philosophy? In American Law?” (2009).

He’s way too Heideggerean for my taste but I share the overall insight here

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a man in a suit and tie is sitting in front of a window with blinds on it . ALT: a man in a suit and tie is sitting in front of a window with blinds on it .

fairfax county showing up like

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Plenty of criticism on the right of the #SCOTUS leaker and the Times’s reporting, but has anyone actually responded to the argument that Roberts’s assessment of “irreparable harm” and his refusal to balance the equities is completely inconsistent with his subsequent behavior in all the Trump cases?

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at this point the question is not whether we lost this war but how badly we did so

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🇪🇺🏳️‍🌈⚖️🇭🇺 A legal earthquake - CJEU finds Hungary to have violated EU law on multiple counts with its anti-LGBT+ legislation (as expected) but also for the first time in history, in an EU law-reshaping precedent, finds Hungary to violate Art 2 TEU in a self-standing manner.

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blanC, excuse me

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she has nicknames for sauvignon blank like i have nicknames for taco bell

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alright we’re done here

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If a university bans Plato from the Philosophy classroom they should loose their accreditation.

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nah girl i simply am not reading this

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@haymarketbooks.org and I proudly present: Read Theory

www.haymarketbooks.org/books/1867-e...

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Jared Kushner is incredibly corrupt. He corruptly distorted US foreign policy in Trump’s first term to get more money into his and his father-in-law’s private accounts, and he’s accelerated those efforts in term 2.

Anyone who praised his Gaza real estate scheme as “peace” helped perpetuate it.

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we’re gonna have to revisit the problem of universals in all its scholastic integrity if ppl are trying to sell me comparisons of trump to napoleon bonaparte, the literal emperor of france

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not to worry. two real estate salesmen are on their way

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The contemporary situation is marked by systematic efforts to control and wield the law: through careful ideological screening of prospective judges; by funneling huge sums to pliable legislators who will enact desired legislation; by securing the appointment of lobbyists to administrative positions who will then implement favorable regulatory regimes and actions; by staffing law enforcement agencies like the Justice Department with ideologically motivated individuals; and by aggressively bringing provocative lawsuits before judges perceived as friendly to the same ends.

The contemporary situation is marked by systematic efforts to control and wield the law: through careful ideological screening of prospective judges; by funneling huge sums to pliable legislators who will enact desired legislation; by securing the appointment of lobbyists to administrative positions who will then implement favorable regulatory regimes and actions; by staffing law enforcement agencies like the Justice Department with ideologically motivated individuals; and by aggressively bringing provocative lawsuits before judges perceived as friendly to the same ends.

prof brian tamanaha was absolutely cooking here in 2009

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i uh… hmm. is the pope a critical theorist?

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A tweet from Pope Leo XIV that reads: “When simulation becomes the norm, it weakens the human capacity for discernment. As a result, our social bonds close in upon themselves, forming self-referential circuits that no longer expose us to reality. We thus come to live within bubbles, impermeable to one another. Feeling threatened by anyone who is different, we grow unaccustomed to encounter and dialogue. In this way, polarization, conflict, fear and violence spread. What is at stake is not merely the risk of error, but a transformation in our very relationship with truth.”

A tweet from Pope Leo XIV that reads: “When simulation becomes the norm, it weakens the human capacity for discernment. As a result, our social bonds close in upon themselves, forming self-referential circuits that no longer expose us to reality. We thus come to live within bubbles, impermeable to one another. Feeling threatened by anyone who is different, we grow unaccustomed to encounter and dialogue. In this way, polarization, conflict, fear and violence spread. What is at stake is not merely the risk of error, but a transformation in our very relationship with truth.”

Apparently the Pope has read Baudrillard.

2 days ago 3410 688 66 114

lmao it just will never be the fault of the dem machine. u can scream it like a gospel or u can whisper it to the consultant class, it just will never EVER be the fault of the machine

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slowly realizing that political pundits, including legal pundits, dont read

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i just have never understood how the twin facts that the democratically elected president must nominate federal court candidates and the democratically elected senate must confirm them somehow cast an a-political veil over the judiciary when waking reality has shown us the exact opposite

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Wall St. is either very gullible, or else desperate for Trump to succeed in destroying constitutional democracy. Or both.

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Can America Learn from Hungary? A Saturday Prompt

Here’s what Hungary’s new prime minister promised after his landslide win, the kind of accountability Democrats must demand in America: We will pursue those who had “plundered, looted, betrayed, indebted and ruined” the country.

www.americaamerica.news/p/can-americ...

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“lefter and lefter” lmao a wordsmith, a veritable james joyce

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The title page for a chapter titled "Hitler's Willing Law Professors" in the book "The Betrayal of Humanities: The University During the Third Reich."

The title page for a chapter titled "Hitler's Willing Law Professors" in the book "The Betrayal of Humanities: The University During the Third Reich."

An excellent day to read this if you haven't yet.
muse.jhu.edu/pub/3/edited...

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we absolutely have to remember that roberts was a bush v. gore lawyer and was rewarded for being so

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basically hillary clinton (or sanders!) looked like possible 2016 election winners and roberts maybe feared that, by the time this case rose to the supreme court, its makeup would have been different. when gina mccarthy states that the policy was being baked in beyond remedy roberts flipped his shit

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TLDR: Chief Injustice Roberts killed our democracy over personal pride.

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i thought u had to wear a suit to be in the oval office

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