Category
Legal Theory
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Legal Theory
Elementally, Dear Watson
Upon reflecting on my essay on the latest developments in the Lori Drew trial, I fear I have made JNOVs sound terrifying. Dear Reader, I assure you that the judicial system is not inherently broken because judges have an apparently final say in any trial. Of course, there is always the appeals process, which is but a small consolation (there seem to be many in the judicial system) for someone who “wins” a trial only to have a judge decide the opposite way. But the important thing to understand about JNOVs concerns the difference between issues of fact and issues of law.
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Legal Theory
Old Lawyers Don’t Die…
Having polished off a very engrossing biography of Alexander Hamilton, I have begun to read the biography of another famous American thinker, writer, and jurist: Judge Learned Hand. The first thing I found out is that his name wasn’t actually Learned, but Billings. Had his name been Billable, I guess he never would have made it to the bench. (Please, folks, tip your waitress!)
So in 1907, Learned Hand is considering leaving a big law firm on Wall Street in hopes of becoming a judge. His father-in-law, aware of how poorly judges are paid compared to high-powered attorneys at law, attempts to dissuade the young Hand. When Hand makes clear that he intends to be a judge, his father-in-law finally relents, promising to support Mr. and Mrs. Hand, even after his death. He writes:
“It’s up to me to add ultimately to the family store when my life’s action has been dismissed with costs…”
See? Old lawyers don’t die, they just get their motions denied, and are remanded for further proceedings in a higher court.
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Legal Theory
Look on the Bright Side
On the federal level, you have a number of big sources of authority. The most dramatic is probably the Executive Order: the President has sat down at his sweet desk, pulled out The First Pen (ink force one?), and made some sort of Decree. He doesn’t get to make up new laws, but he does wield a lot of power. Hell, with an Executive Order, President Truman almost nationalized the steel industry.
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Legal Theory
Mental States
While all the morning talk(ing heads’) shows were focusing on last night’s self-congratulatory industry awards for excellence in the field of excellent filmmaking results, I’ve been catching up on Depression Watch 2009. As proof that law school irredeemably changes the way you think, I offer my train of thought.
I keep reading about the people in charge of investing all kinds of money into what the media continues to call “toxic assets” – securities that aren’t worth nearly what investors were betting they’d be worth. This bit from today’s New York Times struck me:
Almost Legally
I have a black belt in legal jujitsu
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I don't know what's worse. Being too sick to make it to school to turn in your homework, or having to hand-write it in 2010.
