39. No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
This matter is before me on the Defendants’ motions to dismiss a complaint sounding in contract, filed by the Plaintiff, Mr. Alfred, pro se. That Complaint is remarkable. It is in my experience a unique example of the pleader’s art.
With Halloween approaching at the end of the month, we offer the following:
Consider the persimmon. No wild fruits are so sweet and delectable as ripe persimmons after the first fall freeze, if you can beat the birds to them. But a green persimmon is not just less tasty; it is inedible. Not even a ‘possum will eat a green persimmon.
In the New York Times, Adam Liptak has a piece on the trend of Supreme Court opinions accepting and restating facts appearing in amicus briefing, some of which facts are later revealed to be erroneous or based on questionable studies: "Seeking Facts, Justices Settle for What Briefs Tell Them." This is a phenomenon that was heavily criticized by Justice Scalia in his dissent in Sykes v. United States, No. 09-11311 (2011):
UPDATE [7/22/14]: Professor Hamburger has a further piece on distinguishing the rule of law from rule by law.
by professor Randy Barnett here.
“The King to the sheriff, greetings.