Thursday, April 30, 2009

Excellent: Sue the Disciplinary Counsel for Whitewashing Cases

This system is unconstitutional because it violates the separation of powers. It is not humanly possible to self-regulate. I hope this brave lawyer prevails.

Tuesday, April 28, 2009

If the Rate of Innocence in Death Penalty Cases is Around 20%, What is the Innocence Rate in Plea Bargains?

This is a mass constitutional tort. It is a crime against humanity, since it likely exceeds 20%.

Tuesday, April 21, 2009

Iraq v Beaty

This is the beginning of the methodology of lawfare. Litigation replaces combat to take down an international adversary. It was done to North Korea, bringing it to the negotiating table by seizing only $25 million in assets. The North Koreans had to request that airline tickets be bought by the US for them to attend a session.

Question for the rent seeking lawyer. What will happen when a Baghdad civil court assesses damages against the US for destroying buildings, for killing relatives, and for disrupting business by its relentless bombardments?

Sunday, April 19, 2009

Pre-Law Courses Would Help

1) Psychology for Law Students. Punishment is the sole tool of the law. It has technical aspects that judges do not know. Naturally, much of the law seeks to control psychopathology, and that would be included in the year long course.

2) Philosophy of Science for Law Students. This is a big subject. However, Evidence, the law school subject, has almost no relation to “evidence,” the requirement for scientific conclusions. Those two should merge. Included would be exposure to the concepts of reliability of measurements, which means repeatability. Repeatability is the real meaning of justice. The students would be trained in its basic math.

3) Western Civ 101 for Law Students. It would emphasize Aristotle and the High Middle Ages, especially St. Thomas of Aquinas. The aim would be to inoculate students against cult indoctrination. They would recognize the origin of the core supernatural doctrines, and start to challenge their church origins. These are unlawful in our secular nation. They would be told of the monk origins of the IRAC. They would start to protest these in class.

4) Ethics for Law Students. Aside from the standard philosophy course, students would be introduced to the concept of lawmaking as human experimentation on a mass scale, and the care that requires. This is to medicalize the law profession. OK. Propose the ADA. Test in small jurisdictions. Measure the outcomes, including the unintended consequences, such as a bunch of businesses are gone, and employment for the disabled has disappeared. Reach a minimum of safety and effectiveness. Then propose the legislation.

This human rights approach to law making ends judicial review, since the court has no resources for such clinical trials. Judicial review is unlawful, anyway, and insurrection against the Constitution. When lawyers make mistakes, they can be whoppers by their power. The Civil War after Dred Scott.

Prof. Randazza adds:

5) Writing. The writing should be clear to the ordinary person. I would add any lawyer utterance above the sixth grade level fails to give notice. In the case of the criminal law, writing that is hard to follow violates the principle of legality.

Thursday, April 9, 2009

The Reasonable Person

Prof. Solum: You are a victim and a perpetrator of law school cult indoctrination. It made you forget 10th Grade World History and Western Civ 101.

Most of our core legal doctrines come unchanged from Henry of Bratton's Case book. He was a student of St. Thomas.

They believed that intellect was unreliable source of justice, morality. It was misled by the Fall from Eden and the Seven Deadly Sins.

The more reliable guide to moral decisions is Reason. The most reliable guide to Reason is the New Testament according to St. Thomas. If this is true, the Reasonable Person may really be 13th Century judge code for Jesus Christ. You learned this stuff when you studied the High Middle Ages. Law school indoctrination made you forget high school and freshman year of college. The reason this indoctrination took place is that supernatural doctrines violate the Establishment Clause.

The reasonable person has to be a fictional character in order to be objective. The use of a fictional character violates Due Process and Equal Protection because it is made up on the spot during the trial, and is subjective to the judge and jury. Idiosyncrasy is unfair, and violates Procedural Due Process.

In Henry's 13th Century, the idea of Reason was a good technical advance in the law. It was cutting edge modern application of Aristotle and St. Thomas Today, nothing from the 1200's is acceptable for practice in the real world. Today, that word is oppressive, unlawful, and unconstitutional.

Saturday, April 4, 2009

Guideline Makers Have a Duty to Do No Harm

See the reasoning in Meneely v. S.R. Smith, Inc., 101 Wn. App. 845, 5 P.3d 49 (2000).

Below are a list of summaries of a conference on the Restatement Third of Torts. This is a form of private lawmaking. If a defendant is harmed by one of these guidelines, they should discuss filing cross claims against the American Law Institute, its officers, its members, and their employers. It should also be researched if republishers of these harmful guidelines may also get named. Professor Sheila B. Scheuerman, Associate Professor of Law, Charleston School of Law reprints and links to them without criticism. Perhaps, she endorses these views. The TortsProf Blog is a partisan, biased, pro-lawyer rent seeking blog.

Land Possessor Liability.

Intentional and Strict Liability.

Risk Creation and Foreseeability.


As to physician duties to third parties. I want to organize a conference where doctors discuss changing the parameters of attorney-client privilege. There are lots of health implications to attorney-client privilege. Lawyers hang out with criminals. They learn of past crimes, facts of ongoing investigations, and of intended future crimes. Attorney-client privilege covers up the truth and is detrimental to the public health. Any of you arrogant dirtbags have a problem ending attorney-client privilege for any public health advantage?

In the case of violent, irresponsible drug addicts, it is a federal crime to reveal a fact without getting a court order. No mention of federal law by the rent seeking dirtbags. One guess. Which privilege has been considered to be more absolute? Client-lawyer or patient-doctor, and by the Supreme Court, and repeatedly having the privilege prevail over even statute, in accordance with the Ninth Amendment?

Negligent Infliction of Emotional Distress.



The ultimate causation is the Big Bang. After that, there is chaos and random chance. There are no causes anymore.

In the past 50 years, accidents have come to be seen as the result of a convergence of factors into one place, time and set of people, around 12 for many catastrophic ones. If one of these is prevented, the entire accident may not happen. So subtract any of these factors, and there may be no car crash, rain, bad wipers, sleepy driver, corner cutting in road construction due to politician and inspector bribery 50 years ago, curve too sharp by modern standards, on a road built in the 1920's with county lack of funds to rebuild due to poor tax base, due to closing of plant after lawyers in a Southern state with an all minority jury sued the owners for causing an injury to a drunken ladder climber, hungry deer, brakes due for service, poor education and low wage of defendant, so car is old and does not have 12 air bags. Subtract one and there is no accident at that time to that plaintiff.

The main cause of the plunder of the productive party with deep pockets is the forbearance of the criminal cult enterprise hierarchy, represented by the ALI. The main cause of this forbearance is the enrichment of the members of this criminal cult enterprise. It has nothing to do with Causation. As the above professor said, there is no such fact as a cause. It is a made up pretext for the purpose of lawyer rent seeking.