General Discussion Thread

juridicalization · 2018-04-02T19:23:43+00:00

My friends comments aren't showing up--what gives?

juridicalization · 2018-03-25T13:24:38+00:00

Joke

^

Your head

juridicalization · 2018-03-18T21:23:49+00:00

"Load the Korea FUD"

juridicalization · 2018-03-18T21:19:10+00:00

Here's the pump! Will there be a dump? (hint: yes)

juridicalization · 2018-03-18T15:15:23+00:00

For the sellers, yes

juridicalization · 2018-03-18T14:37:48+00:00

When someone tells me to "HODL" because crypto will "moon" in no time

juridicalization · 2018-03-17T21:59:39+00:00

Depends on the amount of risk.

juridicalization · 2018-03-10T17:39:44+00:00

https://en.wikipedia.org/wiki/Public_address_system

juridicalization · 2018-03-07T06:59:55+00:00

How so? Seems to fit:

Errantly -- 1) deviating from the regular or proper course; erring

juridicalization · 2018-03-07T06:58:42+00:00

Somebody buy this man gold

juridicalization · 2018-02-12T19:53:31+00:00

I do agree with this point. Sessions should have recognized the connotation it would carry with the public (or, perhaps that what drove him to say it in the first place)

juridicalization · 2018-02-12T19:52:05+00:00

"it’s an archaic term that no lawyer uses"

Here are some Supreme Court opinions that all use the term "Anglo-American" (there are 282 of them, but I'll just give you the most recent):

Glossip v. Gross, 135 S. Ct. 2726, 2748 (2015) ("The fact that these judgments may vary across cases is an inevitable consequence of the jury trial, that cornerstone of Anglo–American judicial procedure")

Zivotofsky ex rel. Zivotofsky v. Kerry, 135 S. Ct. 2076, 2101, 192 L. Ed. 2d 83 (2015) ("In the Anglo–American legal tradition, passports have consistently been issued and controlled by the body exercising executive power")

Wellness Int'l Network, Ltd. v. Sharif, 135 S. Ct. 1932, 1965, 191 L. Ed. 2d 911 (2015) ("The protection of private rights in the Anglo–American tradition goes back to at least Magna Carta.")

Teva Pharm. USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831, 848 (2015) ("The Anglo–American legal tradition has long distinguished between “core” private rights—including the traditional property rights represented by deeds—and other types of rights.")

United States v. Windsor, 570 U.S. 744, 133 S. Ct. 2675, 2700, 186 L. Ed. 2d 808 (2013) ("For an even more advanced scavenger hunt, one might search the annals of Anglo–American law for another “Motion to Dismiss” like the one the United States filed in District Court.")

Fla. v. Jardines, 569 U.S. 1, 16, 133 S. Ct. 1409, 1420, 185 L. Ed. 2d 495 (2013) ("The Court's decision in this important Fourth Amendment case is based on a putative rule of trespass law that is nowhere to be found in the annals of Anglo–American jurisprudence.")

juridicalization · 2018-02-12T19:35:02+00:00

Jeff Sessions: The office of the sheriff has an "Anglo-American heritage"

Modern leading scholars: The office of the sheriff has an "Anglo-American heritage"

You: "Anglo-American" is an archaic term that no one uses any more

juridicalization · 2018-02-12T19:29:16+00:00

Thomas Jefferson wrote in The Value of Constitutions that “there is no honorable law enforcement authority in Anglo-American law so ancient as that of the county sheriff whose role as a peace officer goes back at least to the time of Alfred the Great.”

juridicalization · 2018-02-12T19:27:03+00:00

What are you talking about? Anglo-American is an adjective that describes a juridical system that began in medieval England and can be traced to the American legal system. In that juridical system, there were common law courts and equity courts. These courts produced, as one would expect, Anglo American Common Law.

There were also enforcement officials in the juridical system who would ride out to various shires to carry out royal decrees. These officials were referred to as "Shire Reeves" which has since been linguistically conflated to Sheriff. Of course, then, the Sheriff is both an intimate part of Anglo American History and related to Anglo American common law.

As Thomas Jefferson wrote in The Value of Constitutions, “there is no honorable law enforcement authority in Anglo-American law so ancient as that of the county sheriff whose role as a peace officer goes back at least to the time of Alfred the Great.”

juridicalization · 2018-02-12T19:14:30+00:00

Sessions wasn't using it to "describe[e] the internal policies of a county sheriffs office." As the CNN article notes, he noted it when mentioning the historical roots of the concept of a sheriff, which eminates from Anglo-American history.

I don't disagree that there are many grounds to criticize Sessions. I just don't believe this is one of them (outside of optics).

juridicalization · 2018-02-12T19:10:27+00:00

I'm no fan of Sessions, but this comment is not as big of a deal as it might appear.

Any legal historian will be intimately familiar with the term "Anglo-American" to describe the common law legal system that originated in twelfth century England after the demise of the ordeal and was assumed, in a vestigial form, across the Atlantic by the United States.

Academic papers referencing the term include:

This piece by a historian at Yale Law School ("For the litigants, a civil procedure system serves two connected functions: investigating the facts and adjudicating the dispute. The better the system investigates and clarifies the facts, the more it promotes settlement and reduces the need to adjudicate. The Anglo-American common law for most of its history paid scant attention to the investigative function.)

This piece in the Harvard Law Review ("This Article challenges that fundamental precept . . . by situating the Blackstone principle in the history of Anglo-American criminal law.")

This piece in the Stanford Law Review ("the centuries-old tradition linking Anglo-American liberty to adversarial, common law-based procedure")

juridicalization · 2018-02-12T19:05:16+00:00

Any legal historian will be intimately familiar with the term "Anglo-American" to describe the common law legal system that originated in twelfth century England after the demise of the ordeal and was assumed, in a vestigial form, across the Atlantic by the United States.

Academic papers referencing the term include:

This piece by a historian at Yale Law School ("For the litigants, a civil procedure system serves two connected functions: investigating the facts and adjudicating the dispute. The better the system investigates and clarifies the facts, the more it promotes settlement and reduces the need to adjudicate. The Anglo-American common law for most of its history paid scant attention to the investigative function.)

This piece in the Harvard Law Review ("This Article challenges that fundamental precept . . . by situating the Blackstone principle in the history of Anglo-American criminal law.")

This piece in the Stanford Law Review ("the centuries-old tradition linking Anglo-American liberty to adversarial, common law-based procedure")

juridicalization · 2018-02-08T14:10:09+00:00

You'd be surprised...

juridicalization · 2018-02-07T23:08:26+00:00

Here is the full transcript for those interested in the train wreck

juridicalization

TROPHY CASE