How Judges Cheat — Part 5

I’ve been looking a bit lately at the Americans with Disabilities Act (ADA) and how it might apply to some barefooters. In the process, I’ve come across even more examples of how judges cheat, so I might as well add it to my “How Judges Cheat” series.

It also adds a different perspective to my thoughts on how the ADA might apply to barefooters.

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How Officials Cheat — Part 2

Yesterday, in Part 1, I looked at the National Park Regulations, as compiled in their Superintendent’s Compendiums, for Wind Cave National Park, along with Mammoth Cave and Carlsbad Caverns. They all require shoes inside their caves, but with no good reason.

Carlsbad Caverns also requires shoes in their buildings, so I decided to see if I could find other National Parks that require shoes.

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How Officials Cheat — Part 1

I’ve written before about how Judges and Administrators Cheat. Let’s do a bit on how officials cheat.

Here’s a hint on how they back up their decisions: they pull it out of their butts. And like anything pulled out of a butt, it never smells very good.

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Strategery

My last two blog entries has me thinking about legal issues, so I thought I’d write about how, during my lawsuits, I had to make a couple of strategic decisions that the normal lawsuit is usually not confronted with.

I had to tap dance through a mine field.

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How Judges Cheat — Part 4

In one of the earlier items in this series, I talked about rules of judicial construction, that is, the various techniques that are supposed to be used to interpret the law.

Today, I’m going to discuss another such rule, in a non-barefooting case.

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When Officials Get It Right

Last week we took a look at how officials cheat, by looking at the Superintendent’s Compendiums at some National Parks. Here is Part 1 (dealing with caves) and here is Part 2 (where some parks have required shoes in buildings).

But sometimes they do it right.

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How Officials Cheat — Part 2

Yesterday, in Part 1, I looked at the National Park Regulations, as compiled in their Superintendent’s Compendiums, for Wind Cave National Park, along with Mammoth Cave and Carlsbad Caverns. They all require shoes inside their caves, but with no good reason.

Carlsbad Caverns also requires shoes in their buildings, so I decided to see if I could find other National Parks that require shoes.

Read Full Post »

How Officials Cheat — Part 1

I’ve written before about how Judges and Administrators Cheat. Let’s do a bit on how officials cheat.

Here’s a hint on how they back up their decisions: they pull it out of their butts. And like anything pulled out of a butt, it never smells very good.

Read Full Post »

How Judges Cheat — Part 3

Today I thought I’d replay #3 in my series on how judges cheat. In Part 1 I told the story of a barefoot Sarah Feldt at a Marriott, and how those judges reinterpreted the plain language of a statute. In Part 2 I discussed my library lawsuits, and how the judges there just ignored arguments (and evidence) that they didn’t like.

Today I’ll look at a different lawsuit I filed against the Ohio State Fair.

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How Judges Cheat – Part 2

A couple of weeks ago I reposted an example of how judges cheat by simply ignoring what the law says, and not following the rules of judicial construction. Today I’m going to give examples from my own cases that show a way of cheating that never shows up in the published opinions. Unless you are able to read the briefs of the case, there is no way to know what the court’s opinion left out (though sometimes you can find that if a dissent is written).

I lost my appeal in my lawsuit against the Fairfield County District Library, with the opinion being issued on December 14, 2011.

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How Administrators Cheat

While we can complain about how judges cheat, we mustn’t forget that the only reason it gets to judges for them to cheat is because administrators have to cheat first.

Administrators first have to make up specious reasons for enforcing a rule that infringes on personal liberty. Then they have to double down and decide to fight to keep their rule, often in the process coming up with even more ridiculous justifications. I am also deeply suspicious that some of this is prompted by their own incompetence in dealing with something that ought to be part of their daily competence.

I’m reminded of this by a recent story about a kindergartner’s mohawk haircut.

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How Judges Cheat – Part 1

Judges are human, too. However, they’ve had all sorts of legal training, and that presumably includes logic. So it is rather distressing to see them cheat to come up with rulings that they want, instead of what the law, and the rules of judicial construction, say they should.

Now, by “cheat” here, I don’t mean the stronger definition: “to practice fraud or deceit”. It’s more along the lines of “to violate rules or regulations“. I’m not even sure it is deliberate.

But the effect is the same.

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How Judges Cheat — Part 3

Today I thought I’d do #3 in my series on how judges cheat. In Part 1 I told the story of a barefoot Sarah Feldt at a Marriott, and how those judges reinterpreted the plain language of a statute. In Part 2 I discussed my library lawsuits, and how the judges there just ignored arguments (and evidence) that they didn’t like.

Today I’ll look at a different lawsuit I filed against the Ohio State Fair.

Read Full Post »

How Judges Cheat – Part 2

Yesterday I gave an example of how judges cheat by simply ignoring what the law says, and not following the rules of judicial construction. Today I’m going to give examples from my own cases that show a way of cheating that never shows up in the published opinions. Unless you are able to read the briefs of the case, there is no way to know what the court’s opinion left out (though sometimes you can find that if a dissent is written).

I lost my appeal in my lawsuit against the Fairfield County District Library, with the opinion being issued on December 14, 2011.

Read Full Post »

How Judges Cheat – Part 1

Judges are human, too. However, they’ve had all sorts of legal training, and that presumably includes logic. So it is rather distressing to see them cheat to come up with rulings that they want, instead of what the law, and the rules of judicial construction, say they should.

Now, by “cheat” here, I don’t mean the stronger definition: “to practice fraud or deceit”. It’s more along the lines of “to violate rules or regulations“. I’m not even sure it is deliberate.

But the effect is the same.

Read Full Post »