Posts tagged law school

Pizza parties are simply not a term, condition, or privilege of employment of which Congress has taken cognizance.

Crawford v. Medina Gen. Hospital, 96 F3d 830 (6th Cir 1996)

Just when my analysis has come to a dead end, I find this gem.

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Can you be a good person and a good prosecutor?

Much has been written about whether you can be a good person and a good defender- that is, whether it is morally acceptable to defend people who do bad things and what the personal and professional dilemmas are for those who engage in such work. 

Meanwhile, almost nothing has been written about whether you can be a good person and a good prosecutor—that is, whether it is morally acceptable to prosecute people who do bad things. At the heart of this question is the reality that prosecution inevitably leads to punishment, which, in recent times, means locking people up (especially some people) for very long periods of time, and, with increased regularity, executing them. 

- Abbe Smith: 14 Geo. J. Legal Ethics 355 (2001)

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Even before I read a case…

and I see this…

“Rehnquist, C. J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined. Scalia, J., and Thomas, J., filed dissenting opinions.” 

I know I’m going to like it. 

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Legal contentions, like the currency, depreciate through over-issue.
Justice Jackon, Advocacy Before the Supreme court, 25 Temple L.Q. 115, 119 (1951).

For a further discussion, see Marc Linder & Ingrid Nygaard, Void Where Prohibited: Rest Breaks and the Right to Urinate on Company Time (1998)
my employment law book

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If we look squarely at the present state of crime and punishment in America … it is difficult to avoid the recognition that something is terribly wrong; that a society that incarcerates such a vast and rapidly growing part of its population—but still suffers the
worst violent crime in the industrial world—is a society in trouble, one that, in a profound sense, has lost its bearings.
- Elliot Currie

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