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Thoughts Online Magazine
Collected Articles on Culture & Politics
Private law: Privilege 
1st-Jan-2015 07:58 am
Private law has a bad name, because it typically doesn't allow for a judge to look it over and see that people's rights were respected. Sometimes, as, for example, when the federal government imposes it on people who expected to receive "due process", it is simply unjust from the start. Here's an example: law students at Harvard are expected to not care that they don't receive due process in campus investigations, and the federal government is insistent about this.

There are a lot of words that could be said about this. But most of them are obscene.
1st-Jan-2015 04:33 pm (UTC)
On the plus side, this should do something to reduce the sympathies of college students both for left-wing radicalism and for the Democratic Party. Obama is, in an act of astonishing brilliance, alienating not only the likeliest long-term future voters, but (by picking on Harvard and other elite schools) the future ruling classes.
1st-Jan-2015 05:03 pm (UTC)
And no doubt it has been growing like a weed, has it? Like all other things that serve to do an end run around the basic principles of law.

I have a suspicion that this sort of thing would not be possible under Italian and other post-Roman legal systems. That is because these law codes embody what might be called standard models or patterns for private associations and contracts. It is comomon for a contract or for another notary document to say "this matter is otherwise governed by articles XXX and XXY of the Code of Civil Law." That is not to say that lawyers cannot drive trucks through the law in other ways, but I did wonder why, for instance, university authorities felt so confident about brutalizing First Amendment and due process rights, in ways that would not be possible in Italy outside a jail or a therapy community for drug addicts.
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