home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky misc.legal:23093 alt.censorship:10071
- Newsgroups: misc.legal,alt.censorship
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!news.oc.com!spssig.spss.com!uchinews!ellis!thf2
- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Re: Judges "making" law [was: Shouting "Movie!" at a Fire Station (Schenck v US)]
- Message-ID: <1993Jan21.204501.3651@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago
- References: <1993Jan19.131042.16872@eff.org> <RJC.93Jan20140137@devo.unify.com> <1jllbnINNm2t@shelley.u.washington.edu>
- Distribution: usa
- Date: Thu, 21 Jan 1993 20:45:01 GMT
- Lines: 31
-
- In article <1jllbnINNm2t@shelley.u.washington.edu> tzs@carson.u.washington.edu (Tim Smith) writes:
- >rjc@devo.unify.com (Ronald Cole) writes:
- >>So, in other words, legislators pass what looks and smells like "law",
- >>but which isn't "true law" until it comes out of the judicial
- >>crucible.
- >>
- >>IMHO, calling statutes "law" muddies the waters a bit and results in
- >>semantic flame wars.
- >>
- >>Have I missed the point?
- >
- >When Jose Canseco hits a baseball out of the park, do you say he hit a
- >home run, or do you wait until he rounds the bases and the umpire signals
- >the run before you classify it as a run?
-
- Poor example. If he hits it to dead-center and he was batting in the
- right spot in the lineup, etc., then we can pretty safely presumptively
- assume that there was the proper amount of pine tar on the bat, that
- the bat wasn't corked and was within legal weights, and that it's a
- home run -- just like no one questions a statute that is clearly
- constitutional.
-
- If, on the other hand, Canseco launches it right down the foul line,
- we wait for the umpire to rule it fair or faul, and he or she has
- the final word on the subject.
-
- This analogy gets even worse when the sport is football.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-