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re: Lawfare: how is this defined, and how can it be (legally) stopped?
Posted on 4/26/24 at 4:47 pm to KiwiHead
Posted on 4/26/24 at 4:47 pm to KiwiHead
quote:
C'mon SFP, you know it is employed by both sides of the political spectrum.
Yes. I don't there is any real intent to have a discussion. The thread is akin to saying "What is Crime? and How do we stop it?" Lawfare is both a genus of problems in our legal system, and has already has a definition recognized in many legal dictionaries, e.g.
quote:Collins dictionary
the strategic use of legal proceedings to intimidate or hinder an opponent
2. the use of the law by a country against its enemies, esp by challenging the legality of military or foreign policy
A non-exhaustive list of how its been invoked:
(1) The changing of a statute of limitation for the purpose of exposing an individual to peril on actions that would otherwise be outside the statue of limitations.
(2) The formation of entities and/or fundraising with said entities for the sole purpose of engaging in litigation in various US states which attempt to limit someone's candidacy.
(3) The coordination of various legal actions in multiple venues by an organization to target an individual.
(4) Campaign promises to use state power to target an individual with a follow up of using said state power.
All of those are potentially actionable with corrective legislation. Of course, the legislation could also have downside perils, so lawfare is one of the reasons we can't have nice things.
I'm sure there are others that I missed where a public policy discussion could ensue, but I doubt that is the intent of this thread.
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