I wouldn't hate it if appellate courts had fact checkers and experts they could run opinions by for accuracy.
Not as in, "this is mandatory," but law clerks are never going to be as good at researching factual questions as, say, @RottenInDenmark. It would be cool to have someone smart on hand to look into stuff like "how does this technology work?" or "are these statistics trustworthy?"
You could call them fact clerks!
So if, for some reason, you're not just gonna roll with the trial court's factual findings, you'd have a way to sift through all the amicus briefs talking about stuff outside a judge's expertise.
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There are some reports that Giuliani is distributing a video of Hunter Biden smoking crack and having sex. I think this may pose some problems under Delaware's revenge porn statute. /1
The statute makes it a misdemeanor to distribute images of someone engaging in sexual conduct without their consent if they have a reasonable expectation of privacy.
I haven't viewed the video, so I don't know if Biden had that expectation, but this does seem nonconsensual. /2
The statute suggests some aggravating factors that are present here, such as including the identity of the person filmed, distributing to "annoy" that person, and possibly that the images are distributed for "profit."
I feel like I could make some brave new law on standing if I sued for an injunction requiring judges to wear flannel pajamas and terrycloth robes for zoom proceedings
"But Mr. Fleischman how are you injured by black robes?"
"Your honor the word coziness does not appear in the Constitution but a semantic analysis of the Federalist papers reveals..."
It certainly might SEEM crazy that the governor of a state can arbitrarily limit access to ballot boxes based on vague, poorly articulated security concerns. It might seem like a lot of last-minute election changes geared at suppressing turnout are, in fact, corrupt. But really/1