Cory

Impersonal Account. Not advice. Opinions not attributable to myself or others.

[Cory @corychansen]

A recent experience with customer service is really making me feel my (one still living) grandparent’s age. I can’t imagine requiring so much of someone else’s time to fix a problem in my job.

[Cory @corychansen]

@HabCorpLinguist Would read.

[Cory @corychansen]

@tphillips You had never seen it??

[Cory @corychansen]

@Superninfreak @DennisPeasant_ @dilanesper Right, these would be fact questions that would be settled case by case. And a reasonable inference at least some times may be that the owner was driving.

I would also wonder if there could be a negligent supervision theory, though you’re the actual criminal lawyer here.

[Cory @corychansen]

@DennisPeasant_ @dilanesper I would think the idea is that starting with the owner is a reasonable starting point. And if the owner wasn’t driving, they can then say so.

[Cory @corychansen]

@Superninfreak @DennisPeasant_ @dilanesper That’s what trials are for. But using ownership as a starting place seems reasonable. And if the owner wasn’t driving, they have a pretty high incentive to say so during trial. Higher if it’s criminal liability. And then the fact finder will decide who is right.

[Cory @corychansen]

@Superninfreak @DennisPeasant_ @dilanesper Yes?

[Cory @corychansen]

@DennisPeasant_ @dilanesper I’m not sure this is actually responsive. Joint liability is not novel. The idea that duties accompany (property) rights isn’t either. There are many roads to Dilan’s point.

[Cory @corychansen]

@ClarenceMaximus @HabCorpLinguist It’s never really made sense to me to try to project the modern debates onto the past. There are similarities definitely but also differences. There’s no need to be anachronistic.

[Cory @corychansen]

@ClarenceMaximus It’s been a minute since I’ve looked at the ex ante view of its legality tbh. I do think there’s a difference between intent to unconstitutionality and legislating in a gray area. And in the latter camp you could see avoidance serving a role under a rationalist presumption.

[Cory @corychansen]

@ClarenceMaximus Maybe? It would be interesting to know the views of the legislators and staff. Anecdotally, people worry about having their signature accomplishment undone.

[Cory @corychansen]

@ClarenceMaximus Fair enough. Though if we’re assuming Congress’ rationality, it’d be rational to only pass laws that would be upheld. That would seem to get to avoidance.

[Cory @corychansen]

@ClarenceMaximus Well, I think it’s more straightforwardly semantic to say ‘we have legislation that says X. We don’t have legislation that says not-X-anymore. So still X.’ But IMO the Barrett view of the MQD could be similar to a textualist defense of constitutional avoidance.

[Cory @corychansen]

@ClarenceMaximus I guess the point I was gesturing at is that if it’s implied, it’s not textual, so no bicameralism and presentment. It’s perhaps a little question begging, but it’s consistent with textualist presumptions.

[Cory @corychansen]

@BarExamTutor @KennethKirkPC People in general seem to have an unnaturally linear idea of success. In theory, success in law school predicts success as an associate predicts success as partner. But we all know rainmakers who were less good at law school than many associates (who may not even make partner).

[Cory @corychansen]

Really an under appreciated dimension of the argument today.

[Dan McLaughlin @baseballcrank]

Is "jus" pronounced with a j, or like "yoos"? I assume the latter, if you do Latin. Gorsuch pronounces the former, Barrett the latter.

[Cory @corychansen]

@norbertjmichel I’m not selling anything. And I haven’t read the full book admittedly. But it seems at least newsworthy if the expectations that we all seem to share are unmet, greater than before. It seems like an important economic phenomenon worthy of study.

[Cory @corychansen]

@norbertjmichel You think it’s ludicrous that teenagers took AP classes, rather than do any number of the other things teenagers might rather do, because it was supposed to be good for their futures? You think it’s ludicrous that college debt was suppose to have an ROI?