Court Case Win Quotes

But before a computer became an inanimate object, and before Mission Control landed in Houston; before Sputnik changed the course of history, and before the NACA became NASA; before the Supreme Court case Brown v. Board of Education of Topeka established that separate was in fact not equal, and before the poetry of Martin Luther King Jr.’s “I Have a Dream” speech rang out over the steps of the Lincoln Memorial, Langley’s West Computers were helping America dominate aeronautics, space research, and computer technology, carving out a place for themselves as female mathematicians who were also black, black mathematicians who were also female.

McAfee, I could try this case in my sleep and still win." "Guess that's your plan, then, since you're clearly dreaming.

I do not say that all lawyers are bad, but I do maintain that the general tendency is bad: standing up in a court for whichever side has paid you, affecting warmth and conviction, and doing everything you can to win the case, whatever your private opinion may be, will soon dull any fine sense of honour. The mercenary soldier is not a valued creature, but at least he risks his life, whereas these men merely risk their next fee.

Mainly, though, the Democratic Party has become the party of reaction. In reaction to a war that is ill conceived, we appear suspicious of all military action. In reaction to those who proclaim the market can cure all ills, we resist efforts to use market principles to tackle pressing problems. In reaction to religious overreach, we equate tolerance with secularism, and forfeit the moral language that would help infuse our policies with a larger meaning. We lose elections and hope for the courts to foil Republican plans. We lost the courts and wait for a White House scandal. And increasingly we feel the need to match the Republican right in stridency and hardball tactics. The accepted wisdom that drives many advocacy groups and Democratic activists these days goes like this: The Republican Party has been able to consistently win elections not by expanding its base but by vilifying Democrats, driving wedges into the electorate, energizing its right wing, and disciplining those who stray from the party line. If the Democrats ever want to get back into power, then they will have to take up the same approach. ...Ultimately, though, I believe any attempt by Democrats to pursue a more sharply partisan and ideological strategy misapprehends the moment we're in. I am convinced that whenever we exaggerate or demonize, oversimplify or overstate our case, we lose. Whenever we dumb down the political debate, we lose. For it's precisely the pursuit of ideological purity, the rigid orthodoxy and the sheer predictability of our current political debate, that keeps us from finding new ways to meet the challenges we face as a country. It's what keeps us locked in "either/or" thinking: the notion that we can have only big government or no government; the assumption that we must either tolerate forty-six million without health insurance or embrace "socialized medicine". It is such doctrinaire thinking and stark partisanship that have turned Americans off of politics.

Before the corn comes up you can see a long way.

A computer search would have given me a list of pertinent cases, but without that I had to read everything. That is harder by far, but you end up learning a lot more. I was forced to remember cases because making copies of everything was too expensive. Keeping cases in your head is good, too, because cases are like puzzle pieces floating around in your mind, and sometimes, in moments of creativity, they fall into place and form a picture. If they were words on a screen that you could pull up anytime you wished, that phenomenon wouldn't happen as easily.

Trump spent two years suing author Tim O’Brien and his publisher for writing that his net worth was probably not in the billions, but rather the hundreds of millions. After a court dismissed the case, Trump made it clear that he merely wanted to harass O’Brien, not necessarily win damages. “I spent a couple of bucks on legal fees and they spent a whole lot more. I did it to make his life miserable, which I’m happy about,” Trump bragged. It was a comment that fit cozily within his philosophy of revenge. In

It is important to refuse to be intimidated. That refusal must not be based simply on a calculation of the odds of succeeding. At times, in my case, multiple lawsuits and an ethics charge seemed overwhelming, and the fact that I knew my work to be accurate and responsible was only partial solace. l was well aware that court, like the National Football League, is an arena in which, on any given Sunday, anybody can win. The refusal to be intimidated must come, in the end, not from a sureness of succeeding but from a knowledge of the cost of scurrying for shelter through fake retractions and disowned truths. It is a question, in the end of self-respect. Who among us could, in good faith, ever face a survivor of childhood abuse again were we to run for cover when pressed ourselves? Children are not permitted that choice, and the adults who choose to work with them and with the survivors they become cannot afford to make it. It would be a choice to become. Through betrayal and deceit, that to which we object. Our alternative, then, is not to hide. Not to refuse to treat adult survivors, not to refuse to go to court in their defense, not to apologize and retract statements we know are true, but to cultivate endurance and tenacity as carefully as we read the research. Confessions of a Whistle-Blower: Lessons Learned Author: Anna C. Salter. Ethics & Behavior, Volume 8, Issue 2 June 1998

We're trying to win the right to vote and we have to focus the attention of the world on that. We can't do that making legal cases. We have to make the case in the court of public opinion.

During voir dire, the interviews for jury selection, each person is asked under oath about their experience with the criminal justice system, as defendant or victim, but usually not even the most elementary effort is made to corroborate those claims. One ADA [Associate District Attorney] told me about inheriting a murder case, after the first jury deadlocked. He checked the raps for the jurors and found that four had criminal records. None of those jurors were prosecuted. Nor was it policy to prosecute defense witnesses who were demonstrably lying--by providing false alibis, for example--because, as another ADA told me, if they win the case, they don't bother, and if they lose, "it looks like sour grapes." A cop told me about a brawl at court one day, when he saw court officers tackle a man who tried to escape from the Grand Jury. An undercover was testifying about a buy when the juror recognized him as someone he had sold to. Another cop told me about locking up a woman for buying crack, who begged for a Desk Appearance Ticket, because she had to get back to court, for jury duty--she was the forewoman on a Narcotics case, of course. The worst part about these stories is that when I told them to various ADAs, none were at all surprised; most of those I'd worked with I respected, but the institutionalized expectations were abysmal. They were too used to losing and it showed in how they played the game.

Prosecutors admit that they routinely charge people with crimes for which they technically have probable cause but which they seriously doubt they could ever win in court.71 They “load up” defendants with charges that carry extremely harsh sentences in order to force them to plead guilty to lesser offenses and—here’s the kicker—to obtain testimony for a related case.

We often operate in romantic life under the mistaken impression—unconsciously imported from law courts and school debating traditions—that the person who is “right” or has the stronger case should, legitimately, “win” an argument. But this is fundamentally to misunderstand the point of relationships, which is not so much to defeat an opponent as to help each other evolve into the best versions of ourselves.

Because the conversation in heaven is never revealed to Job or his friends, they understandably misjudge precisely what is at stake. This hidden information is especially poignant because, as Job argues his case before God, he believes that he can “win” if he can force God into court to account for himself, to give an explanation for his actions. In reality, Job has nothing to win because he is not on trial.

Victims are told not to say anything about the proceedings, because talking openly about your case can annoy your judge and benefit the defence. Abuses are not really known for their ability to practice this level of self-restraint, giving them control over there narrative around your case—and since court cases are frequently considered newsworthy events, this can give them a whole new platform to recruit more supporters.

One might have thought that on learning of Quinta’s death—this woman the company doctors had professed was not going to die—the United States Radium Corporation might, at last, have softened. But one would be wrong. Berry did manage to win a settlement of $8,000 ($113,541) for Mae Canfield in the new year, but the company had a straitjacket clause attached. The only way they would pay his client any money, they said, was if Berry himself was incorporated into the deal. He was far too knowledgeable about their activities—and becoming far too skilled in court—to be left off a leash. And so Raymond Berry, legal champion, the pioneering attorney who had been the only lawyer to answer Grace’s call for help, found himself forced into signing his name to the following statement: “I agree not to be connected with, directly or indirectly, any other cases against the United States Radium Corporation, nor to render assistance to any persons in any actions against said Company, nor to furnish data or information to any such persons in matters against said Company.”37 Berry was gone. He had been a serious fighter against the firm, an irksome thorn in their side. But now, with surgical precision, they had plucked him out and banished him. They were two settlements down, but the United States Radium Corporation was winning the war.

There cannot be any hard and fast rules. But there can be suggestions and useful analogies. The most useful, to my mind, is that of the difference between the English and French judicial systems. In England (and America), the task of the court in criminal cases, which it devolves upon a jury, is to arrive at a verdict of ‘guilty’ or ‘not guilty’ on the evidence presented by prosecuting and defending counsel in turns. Trials are conflicts and verdicts are decisions; the two sides ‘win’ or ‘lose’. In France, and other countries which observe Roman Law, the task of the court in a criminal case is to arrive at the truth, as far as it can be perceived by human eyes, and the business of establishing the outlines of the truth falls not on a jury, which is strictly asked to enter a judgement, but upon a juge d’instruction. This officer of the court, unknown to English law, is accorded very wide powers of interrogation–of the suspect, his family, his associates–and of investigation–of the circumstances and scene of the crime–at which the suspect is often required to participate in a reconstruction. Only when the juge is satisfied that a crime has indeed occurred and that the suspect is responsible will he allow the case to go forward for prosecution. The character of these two different legal approaches is usually defined as ‘accusatorial’ (English) and ‘inquisitorial’ (French) respectively.

The case of City of San Francisco v. Anne Kihagi calls into question ethical judicial and prosecuting practices, the latter of which often dances the line on conflict of interest issues. Attorney Karen Uchiyama, a defense lawyer in this contentious case, references a 1985 California Supreme Court ruling that clarifies the role of a public attorney, in contrast to a non-governmental legal professional: [A] prosecutor’s duty of neutrality is born of two fundamental aspects of his employment. First, he is a representative of the sovereign; he must act with the impartiality required of those who govern. Second, he has the vast power of the government available to him; he must refrain from abusing that power by failing to act evenhandedly. These duties are not limited to criminal prosecutors: A government lawyer in a civil action or administrative proceeding has the responsibility to seek justice and to develop a full and fair record, and he should not use his position or the economic power of the government to harass parties or to bring about unjust settlements or results. (ABA Code of Prof. Responsibility, EC 7-14) That is to say, a public prosecutor’s responsibility goes beyond winning a case – in fact, victory is hardly the goal at all. A public prosecutor’s civic and ethical duty is to facilitate justice respectfully and impartially. This is, unfortunately, not the brand of behavior that is displayed by prosecuting Deputy City Attorney Michael Weiss (see more articles at annekihagisf.com).

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F.S. Nariman rightly found some similarity between the decision of the ADM Jabalpur and that of Dred Scott, rendered more than a century ago in 1857 by a 6:2 majority of the American Supreme Court. The majority in Dred Scott held that a black person could never be a citizen of the US. A strong criticism of this view by Abraham Lincoln got national attention and ultimately helped him win the presidential election, which changed history. In both the cases, powerful dissenting opinions brought about far-reaching changes in these two democracies.

Physical Invasion The normative principle I am suggesting for the law is simply this: No action should be considered illicit or illegal unless it invades, or aggresses against, the person or just property of another. Only invasive actions should be declared illegal, and combated with the full power of the law. The invasion must be concrete and physical. There are degrees of seriousness of such invasion, and hence, different proper degrees of restitution or punishment. "Burglary," simple invasion of property for purposes of theft, is less serious than "robbery," where armed force is likely to be used against the victim. Here, however, we are not concerned with the questions of degrees of invasion or punishment, but simply with invasion per se. If no man may invade another person's "just" property, what is our criterion of justice to be? There is no space here to elaborate on a theory of justice in property titles. Suffice it to say that the basic axiom of libertarian political theory holds that every man is a selfowner, having absolute jurisdiction over his own body. In effect, this means that no one else may justly invade, or aggress against, another's person. It follows then that each person justly owns whatever previously unowned resources he appropriates or "mixes his labor with." From these twin axioms — self-ownership and "homesteading" — stem the justification for the entire system of property rights titles in a free-market society. This system establishes the right of every man to his own person, the right of donation, of bequest (and, concomitantly, the right to receive the bequest or inheritance), and the right of contractual exchange of property titles. Legal and political theory have committed much mischief by failing to pinpoint physical invasion as the only human action that should be illegal and that justifies the use of physical violence to combat it. The vague concept of "harm" is substituted for the precise one of physical violence. Consider the following two examples. Jim is courting Susan and is just about to win her hand in marriage, when suddenly Bob appears on the scene and wins her away. Surely Bob has done great "harm" to Jim. Once a nonphysical-invasion sense of harm is adopted, almost any outlaw act might be justified. Should Jim be able to "enjoin" Bob's very existence? Similarly, A is a successful seller of razor blades. But then B comes along and sells a better blade, teflon-coated to prevent shaving cuts. The value of A's property is greatly affected. Should he be able to collect damages from B, or, better yet, to enjoin B's sale of a better blade? The correct answer is not that consumers would be hurt if they were forced to buy the inferior blade, although that is surely the case. Rather, no one has the right to legally prevent or retaliate against "harms" to his property unless it is an act of physical invasion. Everyone has the right to have the physical integrity of his property inviolate; no one has the right to protect the value of his property, for that value is purely the reflection of what people are willing to pay for it. That willingness solely depends on how they decide to use their money. No one can have a right to someone else's money, unless that other person had previously contracted to transfer it to him. "Legal and political theory have committed much mischief by failing to pinpoint physical invasion as the only human action that should be illegal and that justifies the use of physical violence to combat it.

So do you go to the police or not? Well, if you don't, people will claim that the abuse wasn't real because theres no police report about it. If you do enter the system, you have to accept that all of what I've detailed in this chapter is what you're facing; be willing to sign up for the years-long process in the event that case actually goes to trial; know you have little chance of seeing justice because legislation and law enforcement have not yet caught up with the pace of online crime; and, even if you re successful, accept that a court order may not do much to stop an obsessive abuser.

As I have stressed repeatedly, the law, like other rules, is by its nature incomplete. Within the legal system, we use the mechanism of interpretation, often carried out by courts, to complete it in particular cases—to determine how to apply it to particular cases. In order to apply the law consistently, it must be interpreted consistently. Incompleteness is a problem not just of statutes and contracts, but also of the common law. Indeed, we can understand the common law as a mechanism for incremental decentralized completion of incomplete legal rules.

More cynical than dragging three women over the coals in court, their lives picked over like the trash just so you can win a court case? Would you want that for your daughter?” I look at Michelle when I say this. Can I penetrate the fog that she lives in? Or am I the one in the fog?

Hindu treatise on the art of government, the Arthashastra, lays down the rules of policy for the complete tyrant, describing the organization of his palace, his court, and his state in such fashion as to make Machiavelli seem a liberal. The first rule is that he must trust no one, and be without a single intimate friend. Beyond this, he must organize his government as a series of concentric circles composed of the various ministers, generals, officers, secretaries, and servants who execute his orders, every circle constituting a degree of rank leading up to the king himself at the center—like a spider in its web. Beginning with the circle immediately surrounding the king, the circles must consist alternately of his natural enemies and his natural friends. Because the very highest rank of princes will be plotting to seize the king’s power, they must be surrounded and watched by a circle of ministers eager to gain the king’s favor—and this hierarchy of mutually mistrusting circles must go all the way out to the fringe of the web. Divide et impera—divide and rule. Meanwhile, the king remains in the safety of his inmost apartments, attended by guards who are in turn watched by other guards hidden in the walls. Slaves taste his food for poison, and he must sleep either with one eye open or with his door firmly locked on the inside. In case of a serious revolution, there must be a secret, underground passage giving him escape from the center—a passage containing a lever which will unsettle the keystone of the building and bring it crashing down upon his rebellious court. The Arthashastra does not forget to warn the tyrant that he can never win. He may rise to eminence through ambition or the call of duty, but the more absolute his power, the more he is hated, and the more he is the prisoner of his own trap. The web catches the spider. He cannot wander at leisure in the streets and parks of his own capital, or sit on a lonely beach listening to the waves and watching the gulls. Through enslaving others he himself becomes the most miserable of slaves.

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I do not say that all lawyers are bad, but I do maintain that the general tendency is bad: standing up in a court for whichever side has paid you, affecting warmth and conviction, and doing everything you can to win the case, whatever your private opinion may be, will soon dull any fine sense of honour. The mercenary soldier is not a valued creature, but at least he risks his life, whereas these men merely risk their next fee.” -Stephen Maturin, The Reverse of the Medal

The thing is, there’s generally no consequence for bad police behavior, even repeated or serially bad behavior. Even if individual officers are successfully sued, the only thing that happens is that the city’s corporation counsel pays out some cash, and life just goes on as before. An officer’s record of complaints or settlements isn’t listed publicly. A defense lawyer who wants to find out if the officer who arrested his client has ever, say, bounced an old lady’s head off a sidewalk or lied to a judge about witnessing a drug sale has to meet an extraordinary legal standard to get access to that info. In order to look at an officer’s record, you have to file what’s called a “Gissendanner motion,” the term referring to a 1979 case, People v. Gissendanner. In that case, a woman in the Rochester suburb of Irondequoit was busted in a sting cocaine sale by a pair of undercover police. The court in that case held that the defendant isn’t entitled to subpoena the records of arresting officers willy-nilly, but that you needed a “factual predicate” to look for records of, say, excessive force or entrapment. In other words, you already need to know what you’re looking for before you find it. What this all boils down to is, if you really feel like it, you can definitely sue the New York City Police Department. Since so much of what they do happens on the street, in front of witnesses, you might very well even win. But even if you win, there’s not necessarily any consequence. The corporation counsel’s office doesn’t call up senior police officials after lawsuits and say, “Hey, you’ve got to get rid of these three meatheads in the Seventy-Eighth Precinct we keep paying out settlements for.” In fact, when there are successful lawsuits, individual officers typically aren’t even informed of it. What makes this so luridly fascinating is that this system is the exact inverse of the no-jail, all-settlement system of justice that governs too-big-to-fail companies like HSBC. Big banks get caught committing crimes, at worst they pay a big fine. Instead of going to jail, a check gets written, and it comes out of the pockets of shareholders, not the individuals responsible. Here it’s the same thing. Police make bad arrests, a settlement comes out of the taxpayer’s pocket, but the officer himself never even hears about it. He doesn’t have to pay a dime. And life goes on as before.

The insurgents here were also smart, winning popularity points with reports of Islamic courts in rural districts that delivered swift justice. These judges contrasted vividly with government judges, who often demanded bribes or took forever to decide a case.

Stay away from lawyers. Someone steal your idea? Execute better than they can. Someone misrepresent your product? Overwhelm the market with positive reviews. Taking a company or person to court should be your last resort. It will pull resources and focus away from your business, and, in most cases, the only people who really win, regardless of the outcome, are the lawyers. Traditional

As with the legal case of Irene Morgan, the woman arrested in Virginia’s Gloucester County in 1946 for the same infraction, the battle over integration on Montgomery buses eventually won a hearing in front of the Supreme Court. Once again America’s highest court ruled segregation illegal. The controversy over the bus boycott vaulted the young Dr. King into the national headlines as the leader of the civil rights movement. Langley

Thurgood Marshall was bringing lawsuits and winning case after case before the Supreme Court, including the 1954 case of Brown v. Board of Education. Redeeming blacks’ civil rights could have been accomplished without riots, marches, church burnings, police dogs, and murders.

Delgamuukw involved two bands of the Skeena region in northwest British Columbia. They wanted to challenge the governmental and legal assumptions about land ownership. The case began in 1984 and ended at the Supreme Court in 1997. The two bands did not win ownership. However, they brought the standard European-derived assumptions about the nature of ownership to a halt and opened the way for what might be fair negotiations. What is fascinating is that the government had all the written documentation it needed to win. But the court, led by Chief Justice Antonio Lamer, turned them back. The Gitxsan and the Wet’suwet’en Nations had put forward an argument of oral memory in order to prove the land was theirs. They argued that oral memory is perfectly accurate, as it is passed on from one generation to the next via individuals charged with remembering, and with doing so accurately through a formalized process. As in the Guerin decision, the Court chose to base its decision on principles far more important than any technical argument coming out of the Western tradition. The result was one of the most important rulings in the history of Canada. Alongside written proof, the Court would give equal place – and in this case what amounted to precedence – to oral memory. This argument for orality carries all of us out of the universal European narrative. In the chief justice’s eloquent judgment, he said that oral histories would be “admitted for their truth,” that the laws of evidence must therefore be adapted, that “in the circumstances, the factual findings [of the government] cannot stand.” His concluding sentences were a call for negotiations to achieve something that I can only imagine happening through a spatial approach: “… the reconciliation of the pre-existence of Aboriginal societies with the sovereignty of the Crown. Let us face it, we are all here to stay.” The crisis of 2012–2013 is a depressing reminder that the governments of Canada – federal and provincial – have stubbornly refused to accept this Supreme Court recommendation. But at least the rules are there, carefully argued and laid out, constantly repeated and developed

Attempts to Close the Detention Center The United States Detention Center on the grounds of the Naval Base at Guantánamo Bay, Cuba was established in January of 2002 by the U.S. Secretary of Defense Donald H. Rumsfeld. It was designated as the site for a prison camp, euphemistically called a detention center, to detain prisoners taken in Afghanistan and to a lesser degree from the battlefields of Iraq, Somalia and Asia. The prison was built to hold extremely dangerous individuals and has the facilities to be able to interrogate these detainees in what was said to be “an optimal setting.” Since these prisoners were technically not part of a regular military organization representing a country, the Geneva Conventions did not bind the United States to its rules. The legality of their incarceration is questionable under International Law. This would lead one to the conclusion that this facility was definitely not a country club. Although, in most cases these prisoners were treated humanely, there were obvious exceptions, when the individuals were thought to have pertinent information. It was also the intent of the U.S. Government not to bring them into the United States, where they would be afforded prescribed legal advantages and a more humane setting. Consequently, to house these prisoners, this Spartan prison was constructed at the Guantánamo Bay Naval Base instead of on American soil. Here they were out of sight and far removed from any possible legal entanglements that would undoubtedly regulate their treatment. Many of the detainees reported abuses and torture at the facility, which were categorically denied. In 2005 Amnesty International called the facility the “Gulag of our times.” In 2007 and 2008, during his campaign for the Presidency, Obama pledged to close the Detention Center at Guantánamo Bay. After winning the presidential election, he encouraged Congress to close the detention center, without success. Again, he attempted to close the facility on May 3, 2013. At that time, the Senate stopped him by voting to block the necessary funds for the closure. The Republican House remained adamant in their policy towards the President, showing no signs of relenting. It was not until thaw of November of 2014 that any glimmer of hope became apparent. Despite Obama’s desire to close the detention center, he also knew that the Congress, headed by his opposing party, would not revisit this issue any time soon, and if anything were to happen, it would have to be by an executive order. The number has constantly decreased and is now said to be fewer than 60 detainees. There are still problems regarding some of these more aggressive prisoners from countries that do not want them back. It is speculated that eventually some of them may come to the United States to face a federal court. Much is dependent on President-Elect Trump as to what the future holds regarding these incarcerated people.

Despite the refusal of the Obama Justice Department to prosecute anyone at the IRS, it is clear that what happened was an epic clampdown on any conservative voices speaking or advocating against the president’s disastrous policies and in favor of patriotism and adherence to the Constitution and the rule of law. Over the course of twenty-seven months leading up to the 2012 election, not a single Tea Party–type organization received tax-exempt status. Many were unable to operate; others disbanded because donors refused to fund them without the IRS seal of approval; some organizations and their donors were audited without justification; and many incurred legal fees and costs fighting the unlawful conduct by Lerner and other IRS employees. The IRS suppressed the entire Tea Party movement just in time to help Obama win reelection. And everyone in the administration involved in this outrageous conduct got away with it without being punished or prosecuted. Was it simply a case of retribution against the perceived “enemies” of the administration? No, this was much bigger than political payback. It was a systematic and concerted effort to squash the Tea Party movement—one of the most organic and powerful political movements in recent memory—during an election season. [See Appendix for select IRS documents uncovered by Judicial Watch.] This was about campaign politics. It was a scandal for the ages. President Obama obviously wanted this done even if he gave no direct orders for it. In 2015, he told Jon Stewart on The Daily Show that “you don’t want all this money pouring through non-profits.” But there is no law preventing money from “pouring through non-profits” that they use to achieve their legal purposes and the objectives of their members. Who didn’t want this money pouring through nonprofits? Barack Obama. In the subsequent FOIA litigation filed by Judicial Watch, the IRS obstructed and lied to a federal judge and Judicial Watch in an effort to hide the truth about what Lois Lerner and other senior officials had done. The IRS, including its top political appointees like IRS Commissioner John Koskinen and General Counsel William J. Wilkins, have much to answer for over their contempt of court and of Congress. And the Department of Justice lawyers and officials enabling this cover-up in court need to be held accountable as well. If the Tea Party and other conservative groups had been fully active in the critical months leading up to the 2012 election, would Mitt Romney have been elected president? We will, of course, never know for certain. But we do know that President Obama’s Internal Revenue Service targeted right-leaning organizations applying for tax-exempt status and prevented them from entering the fray during that period. That is how you steal an election in plain sight. Accountability is not something we will get from the Obama administration. But Judicial Watch will continue its independent investigation and certainly any new presidential administration should take a fresh look at this IRS scandal.

The normative principle I am suggesting for the law is simply this: No action should be considered illicit or illegal unless it invades, or aggresses against, the person or just property of another. Only invasive actions should be declared illegal, and combated with the full power of the law. The invasion must be concrete and physical. There are degrees of seriousness of such invasion, and hence, different proper degrees of restitution or punishment. "Burglary," simple invasion of property for purposes of theft, is less serious than "robbery," where armed force is likely to be used against the victim. Here, however, we are not concerned with the questions of degrees of invasion or punishment, but simply with invasion per se. If no man may invade another person's "just" property, what is our criterion of justice to be? There is no space here to elaborate on a theory of justice in property titles. Suffice it to say that the basic axiom of libertarian political theory holds that every man is a selfowner, having absolute jurisdiction over his own body. In effect, this means that no one else may justly invade, or aggress against, another's person. It follows then that each person justly owns whatever previously unowned resources he appropriates or "mixes his labor with." From these twin axioms — self-ownership and "homesteading" — stem the justification for the entire system of property rights titles in a free-market society. This system establishes the right of every man to his own person, the right of donation, of bequest (and, concomitantly, the right to receive the bequest or inheritance), and the right of contractual exchange of property titles. Legal and political theory have committed much mischief by failing to pinpoint physical invasion as the only human action that should be illegal and that justifies the use of physical violence to combat it. The vague concept of "harm" is substituted for the precise one of physical violence. Consider the following two examples. Jim is courting Susan and is just about to win her hand in marriage, when suddenly Bob appears on the scene and wins her away. Surely Bob has done great "harm" to Jim. Once a nonphysical-invasion sense of harm is adopted, almost any outlaw act might be justified. Should Jim be able to "enjoin" Bob's very existence? Similarly, A is a successful seller of razor blades. But then B comes along and sells a better blade, teflon-coated to prevent shaving cuts. The value of A's property is greatly affected. Should he be able to collect damages from B, or, better yet, to enjoin B's sale of a better blade? The correct answer is not that consumers would be hurt if they were forced to buy the inferior blade, although that is surely the case. Rather, no one has the right to legally prevent or retaliate against "harms" to his property unless it is an act of physical invasion. Everyone has the right to have the physical integrity of his property inviolate; no one has the right to protect the value of his property, for that value is purely the reflection of what people are willing to pay for it. That willingness solely depends on how they decide to use their money. No one can have a right to someone else's money, unless that other person had previously contracted to transfer it to him. Legal and political theory have committed much mischief by failing to pinpoint physical invasion as the only human action that should be illegal and that justifies the use of physical violence to combat it. (1/2)

I just fell asleep.” “Yes, that’s what sleeping over means,” Josh said slowly. “With those reasoning skills, you’ll be winning court cases in no time.

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Satan’s goal in this trial was to try to stop the completion of the new temple by accusing Joshua of breaking the law. The devil’s intentions for you are the same. He wants to stop you from rebuilding your temple, which is your body! Thus he will go into court armed with files of your lawbreaking so he can put death on your body. However, remember that Zerubbabel finished his work on the temple when the people shouted, “Grace, grace,” to that mountain of resistance (Zech. 4:7). Grace will win your case. The lawsuit filed against Joshua was so important that the Angel of the Lord was present in court to rebuke Satan on Joshua’s behalf! Why? Many theologians believe this was Christ Himself who would become the atoning sacrifice for all mankind. Because of the presence of the Lord, God not only took away Joshua’s sin but dressed him in robes of righteousness that he didn’t deserve. This is a perfect picture of the unearned, unmerited grace of God triumphing over the law! It

Teasdale doesn't have money for an attorney," he said. "Especially one from Boston. Who are you, really?" Sidney lifted her chin. "An attorney from Boston." "You don't sound like it." She lifted an eyebrow. "Like an attorney?" He scoffed. "No, you have that droning drivel down. You don't sound Boston." She shrugged. "I didn't start out there." "You sound like Sawyer," he said with a nod toward wherever Sawyer had headed. She refused to turn around to find out. "Well, I'm sure there are more than just two of us from---" "You know him," Crane said, narrowing his eyes. Sidney's tongue faltered, and she cleared her throat. "You're from the same place, aren't you?" he asked. "The same little hick town." "Because we both have an accent?" she asked, laughing, hoping it would cover up her lie. "Because of how I just saw him look at you," Crane said, studying Sidney with a grin. "Like a lovesick schoolboy. Holy shit, you're her>." Sidney's breath felt trapped in her chest, unable to move in or out, just held captive there. Sawyer had a her? And she was it? "I---I'm who?" "The girl he came to town all messed up over," Crane said, crossing his own arms. "A hundred years ago. Well, well, well." All messed up over. After punching out his own father. Defending her. Damn it if all her carefully constructed and ancient defenses weren't crumbling around her regarding him. The boy who shattered her already shaky confidence. The reason she bitterly swore off love and dove into work, into making herself a hard and formidable beast. A beast without people skills but still. And now... "We were friends in high school, yes," Sidney managed to push out, her voice sounding decidedly wobbly. "That has no bearing on Mr. Teasdale's case." "Which came to you how, again?" Crane asked. Sidney smiled. "I'll ask the questions." Crane winked, and she so much wanted to slug him. "Nice deflection. What firm are you with?" "Finley and Blossom." "Blossom?" he asked. And it wasn't about the name. It was recognition. Shit. "Yes, sir." "His damn niece," Crane said, slapping a big hand against the ladder. "I forgot she was a lawyer. Damn it. She sent you." Oh, seven kinds of hell, now this wall was disintegrating, too. She needed a suit of armor. "Everything okay?" said a voice from directly behind her. A voice that sent shock waves to all her nether regions, especially coupled with thee hand that rested on the back of her neck. Crap, she needed more than armor. Sidney needed a force field. "I work for her," Sidney said, ignoring Sawyer's question and fighting the urge to settle back against him. "And you need to bring back the win," Crane said, chuckling. God help her if she was ever up against this asshole in court.

Winning or losing the case is the prime motive for any litigant as a party in the adversarial system because the system is built to see the issue of the complainant as a dispute rather than as an issue of social or legal wrong or as a matter of injustice. The decision pronounced by the court therefore favours one party and is often against another, when two parties are involved in a legal disagreement. Rather than viewing the legal wrong as a matter of injustice, the courtrooms reduce the concerns of the litigants as technical matters. The courtrooms as the implementers of the laws act as valiant guardians of law and not as a protector of the rights of the victims. The entire system is built around laws and legal processes. A victim has been granted little roles or rights in the entire process.

And so, on October 12, 1977, a White male sat before the Supreme Court requesting slight changes in UC Davis’s admissions policies to open sixteen seats for him—and not a poor Black woman requesting standardized tests to be dropped as an admissions criterion to open eighty-four seats for her. It was yet another case of racists v. racists that antiracists had no chance of winning.3

It's kind of funny to me listening to people who claim to have these great records of winning a hundred and some odd straight felony cases without a loss and that kind of stuff that you hear all the time. I'm here to tell you, if you let me pick out which hundred cases I get to try, I'll win a hundred of them in a row, too. Case selection is everything in creating records like that. My philosophy was, I tried them all. If I made a determination that the evidence was sufficient to justify the prosecution, then I would try the case, and certainly whenever you do that, you're going to lose a certain percentage of them.

As Martin Luther King Jr. explained back in 1965, when describing why it was far more important to engage in mass mobilizations than file lawsuits, “We’re trying to win the right to vote and we have to focus the attention of the world on that. We can’t do that making legal cases. We have to make the case in the court of public opinion.”21 King certainly appreciated the contributions of civil rights lawyers (he relied on them to get him out of jail), but he opposed the tendency of civil rights lawyers to identify a handful of individuals who could make great plaintiffs in a court of law, then file isolated cases. He believed what was necessary was to mobilize thousands to make their case in the court of public opinion. In his view, it was a flawed public consensus—not merely flawed policy—that was at the root of racial oppression.

They take our property, take away ground, and when we complain to them about it, they employ a lawyer and go to court and win the case,” one Tlingit leader testified before the district governor in 1884. “We are very poor now. The time will come when we

The gating resource here was not capital,” Thiel said. “The gating resource was the ideas and the people and executing it well. It’s not like lawsuits haven’t been brought in the past. It’s something that’s been done, so we were required to think very creatively about this space, what kind of lawsuit to bring.” Most of the ideas do not stand up to scrutiny, or to Thiel’s ambitions. A slap on the wrist from the FCC about affiliate commissions will accomplish little. Exploiting the financial misdeeds of the company would likely require an inside man, and this would be nasty, deceitful business. It wasn’t just a question of which strategy might actually win, it was also figuring out which one could actually do real damage. “It was important for us to win cases,” Thiel said. “We had to win. We had to get a large judgment. We did not want to bring meritless cases. We wanted to bring cases that were very strong. It was a very narrow set of context in which you could do that. You did not want to involve political speech, you did not want to involve anything that had anything remotely connected to the public interest. Ideally, our cases would not even involve the First Amendment at all.” The First Amendment was unappealing not because Thiel is a libertarian, though he is, but because as a strategist he understood that it was Gawker’s strongest and most entrenched position: we’re allowed to say anything we want. It challenges the legal system and conventional wisdom where they are the most clearly established. Forget the blocking and tackling of proof and precedent. At an almost philosophical level, the right to free speech is virtually absolute. But as Denton would himself admit to me later, free speech is sort of a Maginot Line. “It looks formidable,” he said, “it gives false confidence to defenders, but there are plenty of ways around if you’re nimble and ruthless enough.” That’s what Thiel was doing now, that’s what he was paying Charles Harder to find. Someone from Gawker would observe with some satisfaction to me, many years away from this period of preliminary strategizing from Thiel, that if Thiel had tried to go after Gawker in court for what it had written about him, litigating damages and distress from being outed, for example, he certainly would have lost. This was said as a sort of condemnation of the direction that Thiel ultimately did attack Gawker from. Which is strange because that was the point. The great strategist B. H. Liddell Hart would say that all great victories come along “the line of least resistance and the line of least expectation.” John Boyd, a fighter pilot before he was a strategist, would say that a good pilot never goes through the front door. He wins by coming through the back. And first, that door has to be located.

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over one hundred American institutions—universities, corporations, the military, state and local governments—submitted briefs to the Supreme Court in the Michigan case supporting racial preferences. Yet, despite all this commitment to diversity and racial preferences, I am not aware of a single institution that based its call for preferences on a careful analysis of why so many minorities were not competitive enough to win places in their institutions unaided by racial preferences. Again, if we can’t specifically name the problems that make so many minorities noncompetitive, how can we argue that racial preferences are a remedy?

Will your client win her case? ” I asked. “ Win her case! I can tell you this: if she doesn’t win her case it will be a serious miscarriage of justice. Do you understand what that means, David? ” “ Yes,” I said, grinning at him. “ It means that the court doesn’t agree with you.

student and perhaps a student’s first-year success in college or in a professional program—which says that the tests could be helpful for students after they are admitted, to assess who needs extra assistance the first year. And so, on October 12, 1977, a White male sat before the Supreme Court requesting slight changes in UC Davis’s admissions policies to open sixteen seats for him—and not a poor Black woman requesting standardized tests to be dropped as an admissions criterion to open eighty-four seats for her. It was yet another case of racists v. racists that antiracists had no chance of winning.3 With four justices solidly for the Regents, and four for Bakke, the former Virginia corporate lawyer whose firm had defended Virginia segregationists in Brown decided Regents v. Bakke. On June 28, 1978, Justice Lewis F. Powell sided with four justices in viewing UC Davis’s set-asides as “discrimination against members of the white ‘majority,’” allowing Bakke to be admitted. Powell also sided with the four other justices in allowing universities to “take race into account” in choosing students, so long as it was not “decisive” in the decision. Crucially, Powell framed affirmative action as “race-conscious” policies, while standardized test scores were not, despite common knowledge about the racial disparities in those scores.4 The leading proponents of “race-conscious” policies to maintain the status quo of racial disparities in the late 1950s had refashioned themselves as the leading opponents of “race-conscious” policies in the late 1970s to maintain the status quo of racial disparities. “Whatever it takes” to defend discriminators had always been the marching orders of the producers of racist ideas. Allan Bakke, his legal team, the organizations behind them, the justices who backed him, and his millions of American supporters were all in the mode of proving that the

Tommy Boy saves his father’s company. Rudy finally gets to play football for Notre Dame. Erin Brockovich wins the court case. The third part of your one-liner should release all the tension you created in the first section.

He gestured with his hand, an unspoken request to be patient. “Some cases, you take them to court and win, deliver the convictions elegantly and effortlessly. But other cases, like the Kestner theft last month, you go after them with a vengeance, with an appetite for blood.

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