"If courts don’t have to defend their decisions, then they’re just acts of will, of power."—Adam Liptak, "Missing From Supreme Court’s Election Cases: Reasons for Its Rulings." The New York Times. October 26, 2020. At base, Legal Realism, when you get past all the philosophical talk about natural science, is simple, "The law is what … Continue reading When Reality Leads to Legal Realism
Tag: lawyers
Exhibit A for Legal Realism: I’m Not in Washington Defense
"'Defendants maintain that because the state constitution defines Washington’s northern boundary in relevant part as the 49th parallel, the State does not have jurisdiction to prosecute them for crimes committed south of the international border between the United States and Canada, but north of the 49th parallel as currently located.'Perhaps not wanting to create 'a … Continue reading Exhibit A for Legal Realism: I’m Not in Washington Defense
