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Yale Law professor warns that future rule of law in US will be dictated by popular opinion
Posted on 3/22/22 at 9:41 am
Posted on 3/22/22 at 9:41 am
Ironically they manage to work in a shot at Donald Trump and “unfounded but popular claims of election fraud”.
Daily Mail
Daily Mail
quote:
A Yale Law School professor warned that the truth has become irrelevant to the rule of law after she was criticized for trying to calm a woke mob of students who tried to close down a free speech debate.
quote:
Kate Stith, who moderated a debate between progressive and conservative guest speakers on March 10 and yelled at students to 'grow up' when they protested the latter guest, said the students hurled abuse at her for trying to stop the chaos.
quote:
Law schools are in crisis,' she told reporter Aaron Sibarium. 'The truth doesn't matter much. The game is to signal one's virtue.'
quote:
The March 10 incident involved about 120 Yale Law students who were filmed yelling at Kristen Waggoner, a conservative Christian of the Alliance Defending Freedom (ADF) nonprofit during a debate with a liberal humanist, Monica Miller, about freedom of speech in an event where police came in to help escort the speakers out of the building. Among those seeing an uneasy pattern in law schools is New York Law School Professor Rebecca Roiphe, who teaches legal ethics. Roiphe connected what happened at Yale, where the university refused to condemn the student protestors, to a fault in legal sentencing where a judge might hand down lighter rulings because they're sympathetic to a defendants' cause. 'Rewarding someone for having the correct beliefs is almost as bad as punishing someone for having the wrong ones,' she told Sibarium. 'More importantly, a criminal justice system that does the former likely does the latter as well.'
16
Posted on 3/22/22 at 9:42 am to DingLeeBerry
Yale seems to be about 60-70 years behind the time.
The Warren court started a bunch of this “feels” bullshite and the Burger court continued it.
The Warren court started a bunch of this “feels” bullshite and the Burger court continued it.
Posted on 3/22/22 at 9:45 am to DingLeeBerry
Sounds like a leftist democracy.
Posted on 3/22/22 at 9:46 am to DingLeeBerry
Yep, I've been saying this for years. Moral Relativism usurps the rule of law.
Posted on 3/22/22 at 9:47 am to DingLeeBerry
They never say this out loud, but this is what American "progressives" do. The law must bend and shapeshift at their will. They went from civil libertarians to authoritarians, when it suited them. They went from anti-war, to bloodthirsty war hawks when it suited them. They once believed in a post racial society, now they want state-sanctioned segregation and race-specific law. Laws, and the Constitution that governs them, are just a structural hurdle.
Posted on 3/22/22 at 9:47 am to DingLeeBerry
quote:
'Rewarding someone for having the correct beliefs is almost as bad as punishing someone for having the wrong ones,' she told Sibarium. 'More importantly, a criminal justice system that does the former likely does the latter as well.'
Justin Trudeau says hold my Perrier.
Posted on 3/22/22 at 9:47 am to DingLeeBerry
Don’t really have a big problem with popular opinion. Provided that MSM is not part of that popular opinion. They don’t represent the majority of this country.
Posted on 3/22/22 at 9:48 am to DingLeeBerry
I saw a federal judge sent an email to every other federal judge about this Yale incident and mentioned not hiring anyone involved for federal clerkships.
As some of the most uncancellable people out there, I’m hoping the federal judiciary may help to reign in some of this nonsense by simply refusing to hire the kids who are trying to have people cancelled.
As some of the most uncancellable people out there, I’m hoping the federal judiciary may help to reign in some of this nonsense by simply refusing to hire the kids who are trying to have people cancelled.
This post was edited on 3/22/22 at 9:48 am
Posted on 3/22/22 at 9:50 am to teke184
More precisely 233 years behind the times. Freedom of Speech
was in the Bill of Rights and the Rule of Law by the Constitution was first observed March 4, 1789 as the new government took office.
Or as John Adams put it " A Government of Laws, Not Men".
was in the Bill of Rights and the Rule of Law by the Constitution was first observed March 4, 1789 as the new government took office.
Or as John Adams put it " A Government of Laws, Not Men".
Posted on 3/22/22 at 9:50 am to Tridentds
quote:
Don’t really have a big problem with popular opinion
When it comes to the application of the law it does not have a place.
Posted on 3/22/22 at 9:51 am to DingLeeBerry
Are these groups just going to the debate to cause problems? That happened in Texas. I have a hard time believing that number of actual law students acted like petulant children, but it’s possible
Posted on 3/22/22 at 9:51 am to DingLeeBerry
I can't opine in any great detail about when and how much this has already happened, but I do lament the fact that so many people look at SCOTUS decisions and project all kinds of conclusions about why they were made.
Bush v Gore is one of the clearer examples of this. Far too many (including media and legal "experts") have put forward the idea that this was the Court picking the president. It was all about due process and equal protection.
The ONLY function the Court should be filling is determining if the decision conforms to existing law. The problem is the inherent contradictions of case law through different appeals paths.
It really is a failure of civics education that people believe the SCOTUS has a role in setting law, much less doing it by what anybody (the justices or popular opinion) feels.
Bush v Gore is one of the clearer examples of this. Far too many (including media and legal "experts") have put forward the idea that this was the Court picking the president. It was all about due process and equal protection.
The ONLY function the Court should be filling is determining if the decision conforms to existing law. The problem is the inherent contradictions of case law through different appeals paths.
It really is a failure of civics education that people believe the SCOTUS has a role in setting law, much less doing it by what anybody (the justices or popular opinion) feels.
Posted on 3/22/22 at 9:52 am to Billy Rocks
I'll add that "popular opinion" in the age of legacy and social media, is a huge misnomer. What's projected by these entities and the politicians they favor SELDOM bears a resemblance to the prevailing opinions of the people.
Posted on 3/22/22 at 9:52 am to xxTIMMYxx
I believe it fully.
This would be the contingent who end up working for Lawfare or some other organization dedicated to weaponizing the law against things they don’t like.
This would be the contingent who end up working for Lawfare or some other organization dedicated to weaponizing the law against things they don’t like.
Posted on 3/22/22 at 9:54 am to boosiebadazz
Big Law holding the line would have a stronger effect. Who wants these freaks interacting with Fortune 500 clients?
Posted on 3/22/22 at 9:56 am to DingLeeBerry
As soon as I read your header, it made me think of this short story we read in Middle School:
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Sad state of affairs when our (mostly) perfect legal system is so broken / "woken" that we get people like this lawyer stating this nonsense.
Sad state of affairs when our (mostly) perfect legal system is so broken / "woken" that we get people like this lawyer stating this nonsense.
Posted on 3/22/22 at 9:58 am to Vacherie Saint
quote:
They never say this out loud, but this is what American "progressives" do. The law must bend and shapeshift at their will. They went from civil libertarians to authoritarians, when it suited them. They went from anti-war, to bloodthirsty war hawks when it suited them. They once believed in a post racial society, now they want state-sanctioned segregation and race-specific law. Laws, and the Constitution that governs them, are just a structural hurdle.
Well put!
Posted on 3/22/22 at 9:58 am to NIH
quote:
Big Law holding the line would have a stronger effect. Who wants these freaks interacting with Fortune 500 clients?
Agreed. As federal clerkships are usually a pipeline to to BIgLaw, maybe it would have an effect. But BigLaw probably feels diversity pressure from their Fortune 500 clients so you’ll get a few token hires just to put out front at the client dinners and whatnot. The federal judiciary does not have that same pressure from clients.
Posted on 3/22/22 at 9:58 am to DingLeeBerry
quote:
law in US will be dictated by popular opinion
This isn't already happening? This is exactly what leftist judges want.
Posted on 3/22/22 at 9:59 am to DingLeeBerry
The Libs progession of "conspiracy theories"...
1) Laughable Far Right White Supremacist Conspiracy Theory
TURNS INTO
2) Popular Conspiracy Theory
TURNS INTO
3) Completely DEBUNKED Claims
TURNS INTO
4) Unfounded Popular Claims
TURNS INTO
5) Unverified Right Wing Claims (Leslie Stahl's favorite)
TURNS INTO
6) Racist Right Wing Talking Points
TURNS INTO
6) Tucker Carlson Seditious and Traitorous Allegations
TURNS INTO
7) Okay, there could some some validity but the FBI and CIA operatives say they still doubt it
AND, 2 to 3 YEARS LATER ON PAGE 23 BELOW THE FOLD
8) Fine, the Right Wing Spoiler Alert has been verified. But that doesn't change anything. Trump is still Orange Man Bad and everything that was done was morally justified to get Trump out of office. Now, we'll never discuss it again except when we conveniently forget it was verified and still report it as a scandal "bigger than Watergate."
Please feel free to add or modify my timeline.
1) Laughable Far Right White Supremacist Conspiracy Theory
TURNS INTO
2) Popular Conspiracy Theory
TURNS INTO
3) Completely DEBUNKED Claims
TURNS INTO
4) Unfounded Popular Claims
TURNS INTO
5) Unverified Right Wing Claims (Leslie Stahl's favorite)
TURNS INTO
6) Racist Right Wing Talking Points
TURNS INTO
6) Tucker Carlson Seditious and Traitorous Allegations
TURNS INTO
7) Okay, there could some some validity but the FBI and CIA operatives say they still doubt it
AND, 2 to 3 YEARS LATER ON PAGE 23 BELOW THE FOLD
8) Fine, the Right Wing Spoiler Alert has been verified. But that doesn't change anything. Trump is still Orange Man Bad and everything that was done was morally justified to get Trump out of office. Now, we'll never discuss it again except when we conveniently forget it was verified and still report it as a scandal "bigger than Watergate."
Please feel free to add or modify my timeline.
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