The person of color victimized by this terrible crime is suing SF's DA directly. That's a new twist.
Just a little while ago woke whites wanted to end qualified immunity for police. Perhaps this case will end absolute immunity for prosecutors themselves. nlg-npap.org/absolute-immun…
Just a little while ago woke whites wanted to end qualified immunity for police. Perhaps this case will end absolute immunity for prosecutors themselves. nlg-npap.org/absolute-immun…
https://twitter.com/sfchronicle/status/1486088462914703369
Of course, the push against immunity came from a certain direction. But life is unpredictable.
Allowing regulators, prosecutors, judges, etc to be individually sued could break the system. What's on the other side?
Maybe anarchy, maybe accountability.
fedsoc.org/events/prosecu…
Allowing regulators, prosecutors, judges, etc to be individually sued could break the system. What's on the other side?
Maybe anarchy, maybe accountability.
fedsoc.org/events/prosecu…
The discourse has, so far, entertained the idea of police being sued for over-enforcement. We are now seeing prosecutors being sued for *under*-enforcement.
Setting emotions aside, these are (in a sense) type I and type II errors respectively, and both should be disincentivized.
Setting emotions aside, these are (in a sense) type I and type II errors respectively, and both should be disincentivized.
The question is what mechanism should disincentivize these errors. Are lawsuits really surgical enough?
My guess is that we'll see more of these. And it may end up destabilizing the system from both directions.
Two views:
[1] nlg-npap.org/absolute-immun…
[2] fedsoc.org/events/prosecu…
My guess is that we'll see more of these. And it may end up destabilizing the system from both directions.
Two views:
[1] nlg-npap.org/absolute-immun…
[2] fedsoc.org/events/prosecu…
The alternative view is that everyone else must constantly spend money insuring against litigation. Certainly companies must deal with this.
So...why not employees of the state?
Sue mayors when the city shuts down businesses?
Sue politicians when campaign promises are not kept?
So...why not employees of the state?
Sue mayors when the city shuts down businesses?
Sue politicians when campaign promises are not kept?
Countless lawsuits & countersuits flying through the air would make the system lock up.
But it'd also subject the state to the same rules it makes everyone else play by.
Sue the NRC for accelerating climate change by blocking nuclear for 45 years?
But it'd also subject the state to the same rules it makes everyone else play by.
Sue the NRC for accelerating climate change by blocking nuclear for 45 years?
https://twitter.com/elidourado/status/1445792188072402946
There are various things I'm seeing where "lawsuits-as-law" are on the rise.
Texas uses lawsuits as a mechanism for its abortion law. California says it will do something similar for gun control.
[1] statesman.com/story/news/pol…
[2] edition.cnn.com/2021/12/12/us/…
Texas uses lawsuits as a mechanism for its abortion law. California says it will do something similar for gun control.
[1] statesman.com/story/news/pol…
[2] edition.cnn.com/2021/12/12/us/…
I don't have fully formed thoughts on this yet, but adjacent areas include:
- compliance-as-a-service
- donotpay & legalist
- node validation
- slashing in proof-of-stake
There's something here where people are challenging decisions or automating the law to a growing extent...
- compliance-as-a-service
- donotpay & legalist
- node validation
- slashing in proof-of-stake
There's something here where people are challenging decisions or automating the law to a growing extent...
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