November 7, 2007

Danforth v. Minnesota — a correction.

I've made a correction to this old post about Danforth v. Minnesota, the case about the retroactivity of federal constitutional law doctrine in state courts. In the post, I quote a passage that is from the state's brief, and I misidentified it as coming from the state court. The court sided with the state, and, for reasons I explain in that post and this later one about the oral argument in the U.S. Supreme Court, I think the state court got it wrong. But the court did not write the passage I found so interesting (though "a jumble" and "poorly written").

10 comments:

Maxine Weiss said...

Don't they teach Marbury v. Madison in Conlaw anymore?

What about Long Island Railroad....that's a fun one! Or, is that Torts?

Law School is a nightmare!

Fondly,
Maxine

Maxine Weiss said...

Oh lookie, Jamie Lee Curtis has a blog.....

http://www.huffingtonpost.com/jamie-lee-curtis/i-am-for-the-writers-a_b_71396.html

Gosh, isn't that wonderful---all these celebrities throwing open the doors to their mansions to the martyred writers...

So generous !

Simon said...

Yes, Maxine, you're absolutely right: the case is cleanly and easily resolved by nothing more than a citation to Marbury. Perhaps you could explain how Medellin ought to be resolved while you're cutting through gordion knots - after all, I hear they teach the supremacy clause in law school too.

Andy said...

Congrats on being no. 4 on Kevin Drum's Golden Wingnut Award!

Trooper York said...

That's easy Simon. Medellin will be resolved when Ari sells it to Harry Weinstein and Vince and Eric get all the money back. Catch episode 27 on HBO On Demand

Maxine Weiss said...

Hey, that's the secret to surviving law school. No matter what the question is, no matter what you are asked to write on....just cite either 1. Marbury, or 2. Long Island Railroad !

You can't go wrong with either one, or both those two. Everything leads back to those two.

No other citations needed.

I'm gonna be a millionaire !

tc said...

Here too, is a correction:

Ah, Ann,

You continually remove my postings, no matter how literal and truthful they are, Which just goes to show how stupid and childish feminism is. You rely on feminist nonsense that men and women are equal when the truth is quite otherwise...how foolish.
As to whats between the leaves you pull apart, that nob lies, that nob that can be licked or rubbed... and the sensations for both are heavenly. See next for further explanation. But also know that you may well be no morre than a sexually repressed mid-western farmers daughter who has wet-dreams but can never consciously admit the substance of same. Below is the post you removed:
Annie,my dear, You are irredu- cibly fucking things up. Your sojourn in California -where you said you'd love to appear in a hot-tub with bubbles covering your nipples [mammary gland police be dammed; and I stated my desire to see you naked- has left New york without your "wisdom"/feminist bullshit concerning a series of three articles on foster care in NYC. You see, I have intimate knowledge about foster care in NYC because I was a law guardian for nearly 20 years. As far as I can see, its all based on feminist nonsense -including so-called "minority" contributions. And I'd like to see your comments so I can string you up by your nipples and stretch apart your vagina (if you didn't already know, it has two sides, you know, my dear). This feminist nonsense in the world today -which has been growing ever-worse over the past 60 and more years- is putrescent and responsible for the dire condition of the WHOLE world today. And all your female and faggot/ lesbian... contributers should know better.

Simon said...

TC, such things aren't up to me but if they were, I'd say you just wore out your welcome.

Trooper York said...

Simon, when your right, your right, it's not funny anymore.

Maxine Weiss said...

I like TC very much.

Sad that you folks can't appreciate cognitive dissonance in all its beautiful forms.