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If you’re ever on trial, American law expects you to have acted perfectly and with perfect information about the future, or else you’re a bad human being who deserves to rot in jail and/or lay out a generationally-crippling cash settlement.
It’s hard to be in law and not be utterly cynical about our wonderful “system.”
And spare me the blather about “But there’s no better system on Earth!”
1) You don’t know that. Maybe there is.
2) Even if that’s true, that doesn’t mean ours doesn’t suck in many ways and can’t improve.
1) You don’t know that. Maybe there is.
2) Even if that’s true, that doesn’t mean ours doesn’t suck in many ways and can’t improve.
The American way of doing things isn’t always the best way ever.
This is a trap that paralyzes American conservatives into compete inaction in the face of everything. A knee-jerk defense w/o thought is a recipe for stagnation.
This is a trap that paralyzes American conservatives into compete inaction in the face of everything. A knee-jerk defense w/o thought is a recipe for stagnation.
“Okay wise guy, bet YOU don’t have any ideas how to improve the American legal system!”
Sure I do!
- Loser pays, even the Plaintiff (in American law, ONLY defendants pay the plaintiff’s fee if the plaintiff wins. It’s insult to injury).
Sure I do!
- Loser pays, even the Plaintiff (in American law, ONLY defendants pay the plaintiff’s fee if the plaintiff wins. It’s insult to injury).
- Write laws in plain English, not ambiguous mumbo-jumbo designed to be exploited and misunderstood.
- Take discretion for sentencing out of judges’ hands.
- Stare decisis (precedent is binding) is bullshit. Courts get it wrong A LOT. Get rid of this.
- Take discretion for sentencing out of judges’ hands.
- Stare decisis (precedent is binding) is bullshit. Courts get it wrong A LOT. Get rid of this.
- Abolish the Supreme Court and let each Circuit do it’s own thing, OR redefine the SCOTUS’s power so they can determine if the law was properly applied or not. That’s IT.
- Automatic removal and/or death to any judge legislating from the bench.
- Automatic removal and/or death to any judge legislating from the bench.
- Severely limit what attorneys can charge. And don’t “Muh communisms!” me. You can’t complain that lawyers ruin America and then oppose an idea limiting lawyers’ incentives to take frivolous cases and prolong them.
This also limits rich ppl/corp’s ability to practice lawfare.
This also limits rich ppl/corp’s ability to practice lawfare.
- Bring back legalized dueling. Both parties can sign consent forms and agree not to sue the other. Let them beat the hell out of each other or even duel with swords or pistols. I don’t care.
- Have competency standards for public defenders. Also: Take them from top firms on a mandatory, rotating basis.
- Public defenders in civil trials as well as criminal. Some jerk suing you shouldn’t ruin you due to legal fees.
- Public defenders in civil trials as well as criminal. Some jerk suing you shouldn’t ruin you due to legal fees.
- Prevent losing bidders in government contractors from being able to protest for not getting picked, i.e., BEING ABLE TO SUE THEIR CUSTOMER (the government) for not picking them.
- Term limits for judges. The American judiciary is flaming garbage. It’s about who you know, not how smart and moral and discerning you are. Lifetime appointments are stupid.
These are just a few.
So, yes: I’ve thought about this.
These are just a few.
So, yes: I’ve thought about this.
Now, I don’t know what to do about the absurdly insane idea of jury trials.
Honestly, I’d trust a computer AI more than a jury of my so-called peers.
Honestly, I’d trust a computer AI more than a jury of my so-called peers.
Problem is, it depends on who programs the AI...
And bench trials are okay...if we have high-quality judges.
But judges are biased AS HELL. They have their minds made up before you say a word. All the oral arguments and briefs and motions are little more than pro forma wankery.
But judges are biased AS HELL. They have their minds made up before you say a word. All the oral arguments and briefs and motions are little more than pro forma wankery.
So I think my solution to the jury problem, and every problem vexing us really, is trial by combat.
Ooh ooh! What if we limit the number of law degrees allowed to be given out each year?
Lawyers aren’t doctors or anything. We don’t need so damn many.
Lawyers aren’t doctors or anything. We don’t need so damn many.
