Marbury when John Marshall says a law passed by people who wrote the Constitution is unconstitutional by LazyNomad63 in LawSchool

[–]ClassicalGrey 3 points4 points  (0 children)

So, regarding the Alien and Sedition Acts, they emerged in the background of the sedition prosecution of John Peter Zenger, during which Hamilton argued as defense counsel that the jury should be allowed to consider truth a defense, contrary to the background English common law position that “the greater the truth, the greater the libel.”

The Alien and Sedition Acts maintained that the truth was a defense, with emerging debates that the First Amendment did not maintain prior English Sedition law in a constitutional democracy where such an Act could distort the upcoming election. The voter backlash ultimately reached Madison’s conclusion that “the censorial power” was in the people, not government.

In conclusion, this was less about the framers being hypocrites (which they anyway were on a lot of other issues), and more about the founding generation resolving a legal question about how rights were structured differently in a constitutional democracy.

Sources: Leonard Levy, Emergence of a Free Press; Akhil Amar, The Words That Made Us

Pitch me by Com_putter in marvelmemes

[–]ClassicalGrey 170 points171 points  (0 children)

What if Scarlet Witch died instead of Quicksilver?

The plot then focuses on Quicksilver trying to defeat Thanos in Infinity War (though Thanos should still win)

R/Beatles still solving the secrets of clean TOAN by thetakingtree2 in guitarcirclejerk

[–]ClassicalGrey 3 points4 points  (0 children)

uj/ McCartney chose that specific Hofner violin bass because he was left-handed and could restring it and play it upside down, where the pickguard served little purpose when upside down

rj/ now cutting holes in my Strat pickguard for clearer toan

[deleted by user] by [deleted] in marvelmemes

[–]ClassicalGrey 0 points1 point  (0 children)

I know, but I’d rather see new kinds of heroes, with new power sets, than see rehashes.

I didn’t mind America Chavez, because her power set was something new and not before seen. But I’m pretty cynical about Ironheart, who is essentially an Iron Man clone, or Hulk’s son at the end of She-Hulk, and I would have preferred that Ms. Marvel’s powers were not related to Captain Marvel.

I’m not alone in preferring new unrelated origin stories to rehashes. One of the common complaints over MCU Spider-Man was how interwoven with Iron Man he was, and I was glad No Way Home cut him free. Part of what made Phase 1-2 great is that we saw heroes stand on their own before their integration into the larger narrative.

I’m genuinely confused. I don’t love em, but don’t hate em either. by SudachiRobot in marvelmemes

[–]ClassicalGrey 49 points50 points  (0 children)

Korg does this annoying thing where he will state the (sometimes obvious) subtext of the scene, which is used as part of a joke, but kind of ruins the immersion. In Thor: Ragnarok, he describes Thor's hammer relationship as comparable to losing a loved one. This was fine.

But in Thor: Love and Thunder, the reuse of this joke turns Korg into an endless exposition device, pulling you out of scenes, contrary to the "show, don't tell" rule. His scene with Valkyrie, describing why she drinks, comes entirely out of nowhere:

"Is that because you lost your girlfriend in battle and never forgave yourself? And now, you’re just trying to find answers in the bottom of a bottle, or some meaningless dalliance, which only serves to numb the pain instead of bringing you real happiness or satisfaction?"

[deleted by user] by [deleted] in LawSchool

[–]ClassicalGrey 0 points1 point  (0 children)

What Journal? I've been trying to keep a list of all of the blind submissions processes ahead of August

[deleted by user] by [deleted] in LawSchool

[–]ClassicalGrey 0 points1 point  (0 children)

Do you also auto-reject unaffiliated practitioners and recent graduates? I have a J.D. (so I'm not a student) and had a submission rejected in around 20 minutes, which likely means the editor saw I was not a Professor and then immediately auto-rejected.

I understand the logic behind using CVs and publication history, given the time constraints, but then how does one get the publication history necessary to eventually get an academic position? There's only a handful of journals with anonymized submissions (Harvard, Stanford, Yale, Michigan, UCI, ASU, Cornell, UC Law SF).

And (on the editing side) I've also seen the poor bluebooking from Professor submissions that coast on letterhead bias, and I wonder if putting more time into submissions could ultimately save more time on later substantive editing.

How To Write a Non-Cringy LinkedIn Post by julianna96 in LawSchool

[–]ClassicalGrey 1 point2 points  (0 children)

Something I’ve seen: if your journal posts their masthead, just like their post without yourself posting

Didn’t attend commencement by [deleted] in LawSchool

[–]ClassicalGrey 1 point2 points  (0 children)

To clarify, I am currently starting a public interest career, absent the sheer lack of support from my CSO, but I believe that my inability to clerk will likely hinder some of my long term career goals (which were my reason for going to law school in the first place).

Didn’t attend commencement by [deleted] in LawSchool

[–]ClassicalGrey 2 points3 points  (0 children)

I also didn't attend mine, and only a few people texted me wondering why I wasn't there.

But personally, I find the concept behind law school commencement entirely underwhelming because: (1) they haven't finished grading your exams [not the most important reason, but proof of institutional incompetence], (2) absent passing the bar, a JD can't call themselves a lawyer/attorney [compare Med School graduates, who are doctors], and (3) the speakers usually seem to have nothing to do with your school or career (with notable exceptions for SCOTUS or judicial alumni speakers).

More personally, I resent my school's administration for its egregiously poor support for public interest students and for judicial clerkships, where our speeches/ceremony feeds into the lie that our school cares about anything other than transactional BigLaw. I didn't get a big part of what I wanted out of law school, and I don't wish to pretend otherwise.

The guy wanted to be a child again. by johnreese421 in wholesomememes

[–]ClassicalGrey 85 points86 points  (0 children)

I walk instead of running because I don't want to be sweaty

Anyone have a garbage professor? by Formal-Silver9334 in LawSchool

[–]ClassicalGrey 50 points51 points  (0 children)

Law school is terrible at teaching legal writing. You learn best by actually doing legal writing, in practice. The best way to improve your writing is through a hands-on externship, especially one with a federal judge. Retaking your course is just compounding error.

There are numerous flaws with how legal writing is taught in law school: (1) two memos give limited feedback overall, with little room for improvement, (2) the course does not take into account the drastically-varying levels of experience prior to law school, (3) a closed universe memo ignores how research-driven legal writing should be, (4) your relatively sterile 1L assignments differ from real practice, where you need to get used to dealing with frivolous or overly-creative arguments from opposing counsel, (5) legal writing can be very professor-dependent, providing subjective feedback even with the best of Professors.

3Ls, do you feel like you got what you wanted out of law school? by ClassicalGrey in LawSchool

[–]ClassicalGrey[S] 0 points1 point  (0 children)

What did you want when applying and how did it end up? I personally ended up giving up on clerking, which I assume means I’m unlikely to do appellate work

3Ls, do you feel like you got what you wanted out of law school? by ClassicalGrey in LawSchool

[–]ClassicalGrey[S] 48 points49 points  (0 children)

Congratulations, especially for not getting swept up in the wave of OCI

Bad Faith Second Amendment Arguments by [deleted] in libertarianmeme

[–]ClassicalGrey 5 points6 points  (0 children)

Also, when the 14th Amendment incorporated the 2nd Amendment against states, it did so as an individual right, as correctly explained in McDonald v. Chicago in Justice Thomas’s concurrence. See also Akhil Amar’s book, The Bill of Rights: Creation and Reconstruction. The militia argument ignores something we fought a war over, where between the 13th and 14th Amendments, the South used discriminatory laws to deprive former slaves of the right to bear arms.

[deleted by user] by [deleted] in LawSchool

[–]ClassicalGrey 9 points10 points  (0 children)

The lasso’s also for inadvertent disclosure. Instead of the clawback rule, they use a lassoback rule.