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Culture War Roundup for the week of April 3, 2023

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Immunity seems like a good rule. Stops the lawsuits from going fractal.

If nothing’s going to change and the lawsuit will land in the garbage anyway, why overturn the rule at all? It’s not like it’s a good thing when de facto and de jure diverge. Lawyers do not need any more pay-to-play weapons to fuck with the system.

When you delegate a task or power to someone, controlling and second-guessing their every move defeats the purpose. I guess it comes down to a personal gut call on tradeoffs in the justice system, and I believe the current one is more fair than effective.

If nothing’s going to change and the lawsuit will land in the garbage anyway, why overturn the rule at all? It’s not like it’s a good thing when de facto and de jure diverge. Lawyers do not need any more pay-to-play weapons to fuck with the system.

There's two factors at play. There's the institutional fatigue that lands most lawsuits in the garbage, and then there's the actual Law™ in terms of how each lawsuit should be evaluated. I don't have any quick fixes to get rid of the fatigue, but even today it doesn't get rid of every lawsuit. Sometimes things get through. Adding yet more filters on what the legal standard the system is allowed to use just winnows that flour sifter even further.