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JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.
Posner is a Socialist
http://www.tnr.com/article/economy/...tm_medium=email

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Roger_Mudd
Jul 18, 2003

Buglord

JudicialRestraints posted:

Posner is a Socialist
http://www.tnr.com/article/economy/...tm_medium=email

All it took was the collapse of the entire world wide financial industry!

GamingHyena
Jul 25, 2003

Devil's Advocate

Defleshed posted:

Since LF gives me the shits, I thought I might post this here for general mockery since it is indeed relevant to our topic:

http://www.abajournal.com/news/article/law_profs_page_not_found_post_im_not_super_rich_enough_for_higher_taxes

The total disconnect between what everyday Americans must deal with to make do and his horrible dilemma of choosing between his maid or his gardener... its terrifying. This is why people are so angry. And of course he's a law professor, one of the most disconnected from reality groups of "professionals" in this country.

According to his blog this guy overspent on his house, blows every dime he gets on needless luxury goods, has almost nothing saved for retirement, and apparently has no idea how Obama's tax plan will affect his finances.

You call this man disconnected from everyday Americans? Shame on you! Sir, this man is America personified. :patriot:

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

qwertyman posted:

How long does it take to be prepared well enough to pass the MPRE? I haven't registered for it yet and really haven't done a drat thing for it yet, but was thinking about taking it in November. Could I be ready by then, or are there any secret prep courses that I don't know about?
Yes
Barbri likely has a 1 day class you can attend between now and then.
I prepped for the thing in a weekend and got like a 140. Easy peezy.

Lykourgos
Feb 17, 2010

by T. Finn

qwertyman posted:

How long does it take to be prepared well enough to pass the MPRE? I haven't registered for it yet and really haven't done a drat thing for it yet, but was thinking about taking it in November. Could I be ready by then, or are there any secret prep courses that I don't know about?

If you want to prepare for the MPRE from scratch, you must first create the universe

entris
Oct 22, 2008

by Y Kant Ozma Post

JudicialRestraints posted:

Posner is a Socialist
http://www.tnr.com/article/economy/...tm_medium=email

I think you are being facetious, but I threw this article up on my Facebook, and I fully expect my crazy Tea Party in-laws to respond by condemning Posner as a socialist. I doubt any of them will even read the article - even though Posner does condemn the February 09 stimulus for being poorly designed and implemented.

Ainsley McTree
Feb 19, 2004


My MPRE review involved buying this book, reading the outline (it was about 30 pages), listening to half the DVD (it was 5 hours of the guy reading the outline very slowly), and doing maybe 100 practice questions. I did it over a period of 3-4 days and got a 124, it wasn't a difficult process.

Defleshed
Nov 18, 2004

F is for... FREEDOM
If you're signed up for Bar-Bri they have a complimentary MPRE lecture, go to that and do the workbook and the practice tests. That's all I and anyone else I know did and everyone passed by a mile. (total prep time maybe 4 hours + the 6 hour lecture)

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Ainsley McTree posted:

My MPRE review involved buying this book, reading the outline (it was about 30 pages), listening to half the DVD (it was 5 hours of the guy reading the outline very slowly), and doing maybe 100 practice questions. I did it over a period of 3-4 days and got a 124, it wasn't a difficult process.
I studied for about 45 minutes, stayed out until three a.m. the night before drinking, was the first one finished, and got a score that would have failed most states' requirements (not not mine!).

Defenestration
Aug 10, 2006

"It wasn't my fault that my first unconscious thought turned out to be-"
"Jesus, kid, what?"
"That something smelled delicious!"


Grimey Drawer

Defleshed posted:

Since LF gives me the shits, I thought I might post this here for general mockery since it is indeed relevant to our topic:

http://www.abajournal.com/news/article/law_profs_page_not_found_post_im_not_super_rich_enough_for_higher_taxes

The total disconnect between what everyday Americans must deal with to make do and his horrible dilemma of choosing between his maid or his gardener... its terrifying. This is why people are so angry. And of course he's a law professor, one of the most disconnected from reality groups of "professionals" in this country.
here's the cached copy if you'd like to read the whole thing.

And an economist that tore him a new one
http://delong.typepad.com/sdj/2010/...-henderson.html

quote:

Professor Henderson's problem is that he thinks that he ought to be able to pay off student loans, contribute to retirement savings vehicles, build equity, drive new cars, live in a big expensive house, send his children to private school, and still have plenty of cash at the end of the month for the $200 restaurant meals, the $1000 a night resort hotel rooms, and the $75,000 automobiles. And even half a million dollars a year cannot be you all of that.

But if he values the high-end consumption so much, why doesn't he rearrange his budget? Why not stop the retirement savings contributions, why not rent rather than buy, why not send the kids to public school? Then the disposable cash at the end of the month would flow like water. His problem is that some of these decisions would strike him as imprudent. And all of them would strike him as degradations--doctor-law professor couples ought to send their kids to private schools, and live in big houses, and contribute to their 401(k)s, and also still have lots of cash for splurges. That is the way things should be.

(basically reposting this from the GOP thread)

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

entris posted:

I think you are being facetious, but I threw this article up on my Facebook, and I fully expect my crazy Tea Party in-laws to respond by condemning Posner as a socialist. I doubt any of them will even read the article - even though Posner does condemn the February 09 stimulus for being poorly designed and implemented.

Pretty much every sane person does this. Obama was just afraid of large numbers. Most economists were telling him he needed to throw more at the economy in better places if he wanted to have a chance at denting the recession.

evilweasel
Aug 24, 2002

JudicialRestraints posted:

Pretty much every sane person does this. Obama was just afraid of large numbers. Most economists were telling him he needed to throw more at the economy in better places if he wanted to have a chance at denting the recession.

https://www.youtube.com/watch?v=mEJL2Uuv-oQ

entris
Oct 22, 2008

by Y Kant Ozma Post

JudicialRestraints posted:

Pretty much every sane person does this. Obama was just afraid of large numbers. Most economists were telling him he needed to throw more at the economy in better places if he wanted to have a chance at denting the recession.

Yeah. It annoys me because my in-laws all refer to the stimulus as the "Porkulous" bill (which I think was a Limbaugh saying?), and it's fine to criticize that particular stimulus package for its failure to narrowly target appropriate projects, but they act like the mere concept of "stimulus" is straight up socialism, which is completely absurd.

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

entris posted:

Yeah. It annoys me because my in-laws all refer to the stimulus as the "Porkulous" bill (which I think was a Limbaugh saying?), and it's fine to criticize that particular stimulus package for its failure to narrowly target appropriate projects, but they act like the mere concept of "stimulus" is straight up socialism, which is completely absurd.
Well, I think any large stimulus that will end up having a ton of pork in it - it's just product of current of our current political process.

Incredulous Red
Mar 25, 2008


I feel like this video left out the part about where the school bus drivers union tries to kill the bill because of their love affairs with lead feet and dead students.

remote control carnivore
May 7, 2009
:qq: I am a lawyer and can afford to pay my student loans and still maintain a decent standard of living.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Save me jeebus posted:

:qq: I am a lawyer and can afford to pay my student loans and still maintain a decent standard of living but can't afford a (new) ferrari
Poor dear. Gonna have to buy a 360 instead of a 458.

dividebyzero
Jun 26, 2006

by angerbot

Defenestration posted:

here's the cached copy if you'd like to read the whole thing.

And an economist that tore him a new one
http://delong.typepad.com/sdj/2010/...-henderson.html


(basically reposting this from the GOP thread)

This guy is kinda' goony:

goony bio posted:

Todd Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School.

except for...

goony bio posted:

While at the Law School, Todd was an Editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif.

but of course:

goony bio posted:

His research interests include corporations, securities regulation, bankruptcy, law and economics, and intellectual property.

Not surprising, seeing as how his post was on a law and economics blog. Now you too can continue to ignore every professor who thinks the Learned Hand method is the greatest innovation in legal theory since the Magna Carta.

dividebyzero fucked around with this message at 00:33 on Sep 23, 2010

CIGNX
May 7, 2006

You can trust me

dividebyzero posted:

Not surprising, seeing as how his post was on a law and economics blog. Now you too can continue to ignore every professor who thinks the Learned Hand method is the greatest innovation in legal theory since the Magna Carta.

Can someone elaborate on the "law and economics" and the Learned Hand reference? I'm not immersed in legal philosophy nor have any connection to lawyers and/or law school, but I've seen law and economics pop up before and have no idea what the deal with it is.

Linguica
Jul 13, 2000
You're already dead

CIGNX posted:

Can someone elaborate on the "law and economics" and the Learned Hand reference? I'm not immersed in legal philosophy nor have any connection to lawyers and/or law school, but I've seen law and economics pop up before and have no idea what the deal with it is.
The "Hand formula" basically says you're only negligent if the cost burden of preventing that negligence (B) is less than the probability (P) of some bad thing happening negligently, multiplied by the cost of the loss (L) of that bad thing, i.e., B < P*L. For instance, if there's a 10% chance that a person might trip on a crack on the sidewalk outside your store and hurt themselves to the tune of $1000, you're only negligent if fixing the crack would cost less than $100.

Of course, since in the real world it's impossible to accurately value P and L, it basically gives judges a way to legitimize any dumb decision on a negligence issue that they feel like making.

Linguica fucked around with this message at 14:53 on Sep 23, 2010

Defleshed
Nov 18, 2004

F is for... FREEDOM

Linguica posted:

The "Hand formula" basically says you're only negligent if the cost burden of preventing that negligence (B) is less than the probability (P) of some bad thing happening negligently, multiplied by the cost of the loss (L) of that bad thing, i.e., B < P*L. For instance, if there's a 10% chance that a person might trip on a crack on the sidewalk outside your store and hurt themselves to the tune of $1000, you're only negligent if fixing the crack would cost less than $100.

Since it's impossible to accurately value P and L, it basically gives judges a way to legitimize any dumb decision on a negligence issue that they feel like making.

Also don't forget that libertarians love that poo poo and libertarians are monsters.

Petey
Nov 26, 2005

For who knows what is good for a person in life, during the few and meaningless days they pass through like a shadow? Who can tell them what will happen under the sun after they are gone?

CIGNX posted:

Can someone elaborate on the "law and economics" and the Learned Hand reference? I'm not immersed in legal philosophy nor have any connection to lawyers and/or law school, but I've seen law and economics pop up before and have no idea what the deal with it is.

Put simply, law and economics (usually) means a theory of judicial reasoning which holds that judges should try to decide cases to produce the most economically efficient outcome. The idea is that at the end no one could be better off without making someone else worse off. It's become quite popular in the United States.

It's total hogwash, for a variety of reasons, both conceptual (see: DK) and, if it's your style, moral (most people, who haven't been deadened by law school anyone, become squeamish when Posner talks about eliminating abortion agencies and selling babies on the open market).

But if you're in law school or going to be in law school get ready to have a lot of people who think Posner and Easterbrook are gods (hint they are actually buffoons who know little to nothing about how political economy or decision making actually work) because lawyers are spergin' and love efficiency analyses and are willing to overlook their conceptual incoherence in order to have things have nice clean math.

e:


Linguica posted:

The "Hand formula" basically says you're only negligent if the cost burden of preventing that negligence (B) is less than the probability (P) of some bad thing happening negligently, multiplied by the cost of the loss (L) of that bad thing, i.e., B < P*L. For instance, if there's a 10% chance that a person might trip on a crack on the sidewalk outside your store and hurt themselves to the tune of $1000, you're only negligent if fixing the crack would cost less than $100.

Since it's impossible to accurately value P and L, it basically gives judges a way to legitimize any dumb decision on a negligence issue that they feel like making.

Right, and the last bit here is sort of the core of the critique DK makes - that all of these valuations require completely ridiculous and fundamentally subjective evaluations of values that are then recast as objective facts in order to legitimate whatever their opinion of what should happen might be. (It's worth noting that even Calabresi, one of founders of L&E, made the same critique of his own stuff).

Petey fucked around with this message at 15:19 on Sep 23, 2010

Petey
Nov 26, 2005

For who knows what is good for a person in life, during the few and meaningless days they pass through like a shadow? Who can tell them what will happen under the sun after they are gone?
The thing you have to understand about L&E is that in a historical context it was built up to try and establish some order to a system of legal thought that had had its conceptual underpinnings utterly and totally demolished by the legal realists back in the early 1900s.

For hundreds of years lawyers and judges had quite happily built this whole model of law as a (pseudo)science where, through the proper "scientific method", objectively correct and logically consistent decisions could be derived from widely agreed upon first principles thought to founded in natural law; that precedent could be controlling and followed in an unbiased way ("rule of law") by skilled and resolute judges; etc. These beliefs provided a stability and foundation and legitimacy to legal practice that was needed to itself legitimate what would otherwise be something that people literally revolted at (why follow a judge's decision if you think it's just his random bullshit beliefs and not based on higher principle?)

Then a bunch of folks basically destroyed the entire foundation of this model from like 1920-1940 and so since WWII different schools of legal thought have been trying to rebuild an intellectual structure to support the objective, rules based system of law that lends legal decision making legitimacy. The desperately sought end is something where the decision making process is, when performed well, completely removed from human bias.

So because modern economics involves a lot of math (another fascinating historical transformation for similar reasons that would be a huge derail), lawyers seized on (a distorted and broken view of) it to hold up their new system, since math lends legitimacy to whatever you are doing even if it is bad math or used inappropriately or whatever.

Draile
May 6, 2004

forlorn llama
Petey it's a good thing you decided against going to law school because I don't know how you could stand working with the law while being so contemptuous of it.

By the way a fun academic exercise you might like is comparing Posner's A Failure of Capitalism to Shiller's Irrational Exuberance.

Lykourgos
Feb 17, 2010

by T. Finn

Petey posted:

if it's your style, moral (most people, who haven't been deadened by law school anyone, become squeamish when Posner talks about eliminating abortion agencies and selling babies on the open market).

The moral objection is every bit as legitimate as the other you mentioned; there's no need for the "if it's your style" nonsense. It's not a matter of squeamishness, either; there are plenty of moral actors who have no problem dealing hands on with real, disgusting events that you will likely never have first hand experience of. They went to law school, too, and their moral compass was far from deadened.

Petey posted:

For hundreds of years lawyers and judges had quite happily built this whole model of law as a (pseudo)science where, through the proper "scientific method", objectively correct and logically consistent decisions could be derived from widely agreed upon first principles thought to founded in natural law; that precedent could be controlling and followed in an unbiased way ("rule of law") by skilled and resolute judges; etc. These beliefs provided a stability and foundation and legitimacy to legal practice that was needed to itself legitimate what would otherwise be something that people literally revolted at (why follow a judge's decision if you think it's just his random bullshit beliefs and not based on higher principle?)

Natural law is quite real, and objectively correct and logically consistent decisions can be derived from the eternal and unchanging forms. Don't mislead 0Ls into thinking that whatever goes on in your head represents reality, or how their experiences will work out. There are no shortage of people who believe in the objective nature of right and wrong, and the ability to make coherent law based on objective principles. They also participate in such a system, and are moral actors, five days a week (even more if bond court comes knocking). There is no lack of stability, foundation, and legitimacy in the eyes of many people.

MoFauxHawk
Jan 1, 2007

Mickey Mouse copyright
Walt Gisnep

Petey posted:

These beliefs provided a stability and foundation and legitimacy to legal practice that was needed to itself legitimate what would otherwise be something that people literally revolted at (why follow a judge's decision if you think it's just his random bullshit beliefs and not based on higher principle?)

Man, that kind of makes me think of the first down chain they use in football. Except there's a totally different kind of chain gang in this situation. ;);)

Linguica posted:

The "Hand formula" basically says you're only negligent if the cost burden of preventing that negligence (B) is less than the probability (P) of some bad thing happening negligently, multiplied by the cost of the loss (L) of that bad thing, i.e., B < P*L. For instance, if there's a 10% chance that a person might trip on a crack on the sidewalk outside your store and hurt themselves to the tune of $1000, you're only negligent if fixing the crack would cost less than $100.

Of course, since in the real world it's impossible to accurately value P and L, it basically gives judges a way to legitimize any dumb decision on a negligence issue that they feel like making.

https://www.youtube.com/watch?v=cD0dmRJ0oWg

Petey
Nov 26, 2005

For who knows what is good for a person in life, during the few and meaningless days they pass through like a shadow? Who can tell them what will happen under the sun after they are gone?

MoFauxHawk posted:

Man, that kind of makes me think of the first down chain they use in football.

I've said this before but one day I will write an article analyzing the use of the first down chain from a legal realist perspective / as a metaphor for legal decision making.

It's basically the best analogy out there.

Torpor
Oct 20, 2008

.. and now for my next trick, I'll pretend to be a political commentator...

HONK HONK
Recettear is actually a pretty fun little game to pass the time. Thanks to however mentioned it here. Unfortunately i can't play it at the office as much as I'd love to.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Linguica posted:

The "Hand formula" basically says you're only negligent if the cost burden of preventing that negligence (B) is less than the probability (P) of some bad thing happening negligently, multiplied by the cost of the loss (L) of that bad thing, i.e., B < P*L. For instance, if there's a 10% chance that a person might trip on a crack on the sidewalk outside your store and hurt themselves to the tune of $1000, you're only negligent if fixing the crack would cost less than $100.

Of course, since in the real world it's impossible to accurately value P and L, it basically gives judges a way to legitimize any dumb decision on a negligence issue that they feel like making.

But it's as subjective as anything else and therefore is perfectly adequate to give as a rationalization to the fact-finder who's going to be performing a subjective analysis anyway on the ultimate question of negligence.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Petey posted:

I've said this before but one day I will write an article analyzing the use of the first down chain from a legal realist perspective / as a metaphor for legal decision making.

It's basically the best analogy out there.

this paper, footnote 54 is the only reference I've seen to the idea

e: I've got some free time next week, want to joint author a paper with me?

MoFauxHawk
Jan 1, 2007

Mickey Mouse copyright
Walt Gisnep

Petey posted:

I've said this before but one day I will write an article analyzing the use of the first down chain from a legal realist perspective / as a metaphor for legal decision making.

It's basically the best analogy out there.

I know, I was actually referencing/plagiarizing your work!

Vander
Aug 16, 2004

I am my own hero.
I'm giving a mock opening statement for class today. I'm wearing a sexy 3 piece suit and am thinking of delivering it without the jacket on. Good idea or bad idea?

CmdrSmirnoff
Oct 27, 2005
happy happy happy happy happy happy happy happy happy
I'd only do it if I had some rad suspenders.

Realtalk.

Ainsley McTree
Feb 19, 2004


Vander posted:

I'm giving a mock opening statement for class today. I'm wearing a sexy 3 piece suit and am thinking of delivering it without the jacket on. Good idea or bad idea?

Only if you rip off the jacket while sexyback is playing

Lykourgos
Feb 17, 2010

by T. Finn

Ainsley McTree posted:

Only if you rip off the jacket while sexyback is playing

Sexbomb would be preferable.

Vander
Aug 16, 2004

I am my own hero.

Ainsley McTree posted:

Only if you rip off the jacket while sexyback is playing

That's my closing argument.

Bro Enlai
Nov 9, 2008

Vander posted:

I'm giving a mock opening statement for class today. I'm wearing a sexy 3 piece suit and am thinking of delivering it without the jacket on. Good idea or bad idea?

I didn't even bring a jacket or tie, just said "If the flag is green, you must come clean" and that p much sealed it

(it was a case about illicit shipments to libya)

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Vander posted:

I'm giving a mock opening statement for class today. I'm wearing a sexy 3 piece suit and am thinking of delivering it without the jacket on. Good idea or bad idea?

If you're not wearing the jacket you're no longer wearing a suit. Ask yourself if you should wear a suit when you make your opening or not.

Petey
Nov 26, 2005

For who knows what is good for a person in life, during the few and meaningless days they pass through like a shadow? Who can tell them what will happen under the sun after they are gone?

Baruch Obamawitz posted:

this paper, footnote 54 is the only reference I've seen to the idea

e: I've got some free time next week, want to joint author a paper with me?

Seriouspost: I would 100% joint-author with you but I'm working 16 hour days from basically now until late March.

Next spring, though - absolutely. Just in time for there to be no football. Hooray lockout.

MoFauxHawk posted:

I know, I was actually referencing/plagiarizing your work!

Are...are you belgian??

Petey fucked around with this message at 23:40 on Sep 23, 2010

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Stop
Nov 27, 2005

I like every pitch, no matter where it is.
.

Stop fucked around with this message at 20:22 on Jan 29, 2013

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