In a naïve model of judging, Congress writes statutes, which courts know about and then slavishly apply. But a Chicago lawyer might doubt this model, believing judges are maximizing something other than compliance with the law.
If you’re old enough to remember having rabbit ears on your TV (which pulled in signals so you could watch for free), you might think antennas aren’t such a big deal. Video startup company Aereo agrees, and it’s been using an advanced version of the same technology to give its customers cheaper TV.
Votes for Sale: How More Money in Politics Might Make Illinois—and America—A Better Place
March 6, 2014
American politics is broken. By just about any measure, we are collectively disenchanted with both the system as it exists, and the people we elect through that system to carry on its business. Particularly disheartening, money has become the defining force in shaping our political character.
There are numerous areas of the law in which the victim of a wrongdoing has the right to obtain damages that compensate her for harm. When the wrongdoing also creates a benefit — either for the same victim or for a third party — a question arises as to whether the damages should be reduced to reflect that benefit. The law is unclear, and courts frequently act inconsistently.
It is a common insight that no system of civil procedure can be perfect. Make the requirements to maintain a lawsuit too lax and you'll invite too many speculative or abusive law suits. Make the pleading rules too tight and many meritorious claims will find themselves kept out of the courts. In all cases, getting the right balance is equal parts art and science.