Fitzcamel

WoSo-centric, rant-prone. Not actually Becky Sauerbrunn. Broon pic (c) Meg Linehan.

[Fitzcamel @fitzcamel]

Sigh.

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@jimmy_esq If someone wants to explain how a post-effective-date s705 stay is meaningfully different from an injunction, I’m all ears. (I recognize 706 might be different. But this wasn’t a 706 remedy.)

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@EWess92 Don’t you have a day job?

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@ClarenceMaximus Yup.

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@ClarenceMaximus “Unaligned,” I think is unhelpful because it’s neither a term of art and inherently ambiguous about which “alignment” it’s referring to.

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@ClarenceMaximus I think that’s much closer to right; if you read through the rest of the debates over the Civil Rights Act, there’s a decent amount of discussion of members of tribes that have treaties versus those that don’t versus individuals not members of/connected to a tribe.

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@ClarenceMaximus Basically, I don’t trust his read on those debates; and though obviously you don’t have to take my word for it, I would say that you shouldn’t trust them either.

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@ClarenceMaximus I think the short answer, looking at those pages and the cross-referenced pages earlier in the article, is that Lash is being unhelpfully imprecise about the Indian-law legal relationships he’s talking about—and thus about the meaning of the debates he’s analyzing.

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@ClarenceMaximus See Trumbull on the point at p.2894 of the Congressional Globe in the 39th Congress (middle column, most of the way down the page).

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@ClarenceMaximus If we’re talking about Indians not part of any tribe but born in unorganized territories, the distinction would be practical limits on the capacity of the U.S. government to exert authority over them there, in a way that has no current parallel.

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@HoffProf Why not just say “Defendant moves to dismiss the complaint as untimely”?

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@adam_shniderman I daresay the moles were displeased.

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@adam_shniderman That joke has crystallized for me why I don’t like bad puns.

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@adam_shniderman Sir.

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@CCupo I’m so sorry.

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@adam_shniderman You’re really going to insist on the 4K hi-def release? Adam.

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@jadler1969 @EWess92 I daresay the dissent raises plenty of careful, technical arguments too.

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@wrdcsc I think it’s clearing up.

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@jdmortenson The late 80s.

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@adam_shniderman “How to do things with words” is a manifesto, Adam.