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View Diary: What the hell is THIS?! [Updated] (226 comments)

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  •  sorry, but i don't really have to run my outrage (4+ / 0-)

    past an internet attorney, thank you very much

    there is a lot that goes on in american courts that is immoral, imo, and the last time i checked, moral outrage hadn't been banned

    I've already forgotten who the Republican candidate was in 2012

    by memofromturner on Thu Nov 29, 2012 at 07:57:34 AM PST

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    •  May I ask how you feel (2+ / 0-)
      Recommended by:
      qofdisks, Alden

      about detainees at Gitmo?

      •  try them or release them... (3+ / 0-)

        as if that has anything to do with the case at hand...how do you feel about the executions at nuremberg?

        I've already forgotten who the Republican candidate was in 2012

        by memofromturner on Thu Nov 29, 2012 at 08:50:21 AM PST

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        •  The question is (6+ / 0-)

          whether you believe in the Constitution and laws of the states, or if you believe in the rule of outrage and the lynch mob.  It sounds like you believe that everyone is entitled to a defense, a lawyer, and a trial, but that entities accused of civil negligence by private parties when the subject matter is molestation of 12 year olds are entitled to some defenses and not others.  Fair enough.  Perhaps you can persuade the California state legislature (and Governor) to repeal portions of the Civil Code to say just that.

          I recommend to you a book called To Kill A Mockingbird.  The plot involves a principled lawyer who defends a black man accused of rape when everyone in town knows he did it.  It's required reading in most schools.

          •  you're a lawyer, right? great, but not everyone (2+ / 0-)
            Recommended by:
            bustacap, Alden

            "thinks like a lawyer"...for that matter, you may not think exactly like john yoo, a crackerjack lawyer if there ever was one

            as a non-lawyer, it's obviously easier for me to looks at things from a layman's perspective - a perspective that allows me to perhaps see some of the glaring faults in our system - a system that serves some better than others (and serves lawyers the best of all)...or to feel outrage at a system that punishes the innocent and rewards the guilty
            ...
            btw, as a college english teacher, i'm surprised that i've never heard of the book you reference...tell me, is it any good?

            (you don't do condescension very well, at all)

            I've already forgotten who the Republican candidate was in 2012

            by memofromturner on Thu Nov 29, 2012 at 09:40:26 AM PST

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          •  ??? (3+ / 0-)

            who's talking about lynching anyone?  Criticizing real and glaring flaws of the Just Us system is not the same as hanging people from the nearest tree.

            Your comment is bullshit.

            It's been a hundred years, isn't it time we stopped blaming Captain Smith for sinking the Titanic?

            by happymisanthropy on Thu Nov 29, 2012 at 10:51:12 AM PST

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      •  Utterly irrelevant attempt at obfuscation (4+ / 0-)

        None of them are 12 year old girls who were sexually abused by those entrusted with their care.

        ... and we have seen the black suns | pouring forth the night. -- Clark Ashton Smith

        by bustacap on Thu Nov 29, 2012 at 08:53:42 AM PST

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    •  I think this commenter is saying that moral (7+ / 0-)

      outrage over boilerplate pleadings is misplaced. Many issues raised in pleadings re done for preservation and not because they are expected to become trial issues. If you looked at the pleadings filed by the plaintiff in this case you may find that some are overstated or ultimately dropped before trial.  

      "Speak the TRUTH, even if your voice shakes."

      by stellaluna on Thu Nov 29, 2012 at 08:22:11 AM PST

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