the circuit opinion dealt at length with the res judicata argument. It is
quite persuasive (a) not completely same parties, (b) when consent
settlement entered the recall had not yet been announced, important fact
change
Malla Pollack
Visiting, Univ. of Oregon, Law
541-346-1599
[EMAIL PROTECTED
)
provide a citable tie to Frankfurter?
[Not being Sandy, I need a provable authority to support my claims.]
Malla Pollack
Visiting, Univ. of Oregon, Law
541-346-1599
[EMAIL PROTECTED]
My thanks to David Cruz for the source and to the list for making this type
of resource sharing possible
Malla Pollack
Visiting, Univ. of Oregon, Law
541-346-1599
[EMAIL PROTECTED]
- Original Message -
From: David Cruz [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Thursday, August 21
, last time I looked (about a year ago) no Supreme Court case
had ever relied on the Preamble (has been mentioned a few times) as a
separate limit on federal government power.
So theory is nice, but how should/would/could this 18th century concept
of self-rule be enforced?
Malla Pollack
Visiting
Prof. Lipkin is clear right to focus on the meaning
of the words used before assuming that any prior person or set of persons has
discussed a now relevant concept. My (non expert) recollection is that in
Athens, democracy included giving out most offices by lot-- on the assumption
that any
Unfortuneately, I agree that this is a very narrow
case-- in the minds of the Justices who signed it. Many of Scalia's
pot-shots about the logical consequences of the decision are stronger than I
would like. The enforceable distinction the swing votes probably saw between
Lawrence and e.g.
But isn't this recognition of the value of wide public access to knowledge
shown to be only for the elite by the refusal to recognize the place of
public libraries in Am. Lib. Assn v. USA? [obviously, I am being
hyperbolic]
Malla Pollack
Visiting, Univ. of Oregon, Law
541-346-1599
[EMAIL
)
consiously think of case law in terms of doctrine, logic, history, etc. In
writing briefs, whether for paying clients or pro bono amicus documents, you
need to write as if the opinions stand on coherent doctrine.
Malla Pollack
Visiting, Univ. of Oregon, Law
541-346-1599
[EMAIL PROTECTED
