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	Comments on: November 30 roundup	</title>
	<atom:link href="https://www.overlawyered.com/2010/11/november-30-roundup/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2010/11/november-30-roundup/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Malcolm Smith		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109416</link>

		<dc:creator><![CDATA[Malcolm Smith]]></dc:creator>
		<pubDate>Thu, 02 Dec 2010 06:56:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109416</guid>

					<description><![CDATA[One of the things I noticed was that this was a judge&#039;s decision, not a jury&#039;s. Perhaps a jury may have found in the plaintiff&#039;s favour, but would they have awarded him $25,000? I doubt it. Juries represent the average citizen, and therefore tend to take a dim view of people who have behaved badly, and then ask for huge sums of money on a technicality.]]></description>
			<content:encoded><![CDATA[<p>One of the things I noticed was that this was a judge&#8217;s decision, not a jury&#8217;s. Perhaps a jury may have found in the plaintiff&#8217;s favour, but would they have awarded him $25,000? I doubt it. Juries represent the average citizen, and therefore tend to take a dim view of people who have behaved badly, and then ask for huge sums of money on a technicality.</p>
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		<title>
		By: Ken		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109376</link>

		<dc:creator><![CDATA[Ken]]></dc:creator>
		<pubDate>Thu, 02 Dec 2010 02:00:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109376</guid>

					<description><![CDATA[Thanks.  You didn&#039;t really.  But even if you did, I ought to deal with it.]]></description>
			<content:encoded><![CDATA[<p>Thanks.  You didn&#8217;t really.  But even if you did, I ought to deal with it.</p>
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		<title>
		By: gumby		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109366</link>

		<dc:creator><![CDATA[gumby]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 23:40:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109366</guid>

					<description><![CDATA[Sorry I offended you.]]></description>
			<content:encoded><![CDATA[<p>Sorry I offended you.</p>
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		<title>
		By: Ken		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109361</link>

		<dc:creator><![CDATA[Ken]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 21:59:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109361</guid>

					<description><![CDATA[If we lived in Canada, we could probably sue you for hurting our widdle feewings.  After all, rights exist in a matrix, in which your contingent right to express yourself ought to be balanced reasonably with our interest in defending our emerging Canadian right not to be offended.

Of course, we don&#039;t live there.  So I guess you are safe.

&lt;blockquote&gt;I don’t understand the need for this kind of juvenile snark on your website. &lt;/blockquote&gt;

I don&#039;t understand people who go around asking themselves if there is a &lt;em&gt;need&lt;/em&gt; for other people to express themselves in a particular way.  I view that as sort of a tell.]]></description>
			<content:encoded><![CDATA[<p>If we lived in Canada, we could probably sue you for hurting our widdle feewings.  After all, rights exist in a matrix, in which your contingent right to express yourself ought to be balanced reasonably with our interest in defending our emerging Canadian right not to be offended.</p>
<p>Of course, we don&#8217;t live there.  So I guess you are safe.</p>
<blockquote><p>I don’t understand the need for this kind of juvenile snark on your website. </p></blockquote>
<p>I don&#8217;t understand people who go around asking themselves if there is a <em>need</em> for other people to express themselves in a particular way.  I view that as sort of a tell.</p>
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		<title>
		By: Patrick		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109358</link>

		<dc:creator><![CDATA[Patrick]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 21:11:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109358</guid>

					<description><![CDATA[Gumby, we aren&#039;t writing the site for you.

&lt;blockquote&gt;We don&#039;t ask ourselves, &quot;Who will get this joke?&quot;  We say to ourselves, &quot;The right people will get the joke.&quot;

-- Joel Hodgson&lt;/blockquote&gt;

When I comment at Walter Olson&#039;s site, I try to do it in a manner that I won&#039;t bring shame to Mr. Olson.   I don&#039;t want others to think that his audience is made up of low-rent people. 

But when I write at my own site, I&#039;m writing for my own amusement.  If others are amused or informed, that pleases me, but not so much that I&#039;m going to begin writing think-tank whitepapers to satisfy some Gumby from a podunk country barely larger than New York.]]></description>
			<content:encoded><![CDATA[<p>Gumby, we aren&#8217;t writing the site for you.</p>
<blockquote><p>We don&#8217;t ask ourselves, &#8220;Who will get this joke?&#8221;  We say to ourselves, &#8220;The right people will get the joke.&#8221;</p>
<p>&#8212; Joel Hodgson</p></blockquote>
<p>When I comment at Walter Olson&#8217;s site, I try to do it in a manner that I won&#8217;t bring shame to Mr. Olson.   I don&#8217;t want others to think that his audience is made up of low-rent people. </p>
<p>But when I write at my own site, I&#8217;m writing for my own amusement.  If others are amused or informed, that pleases me, but not so much that I&#8217;m going to begin writing think-tank whitepapers to satisfy some Gumby from a podunk country barely larger than New York.</p>
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		<title>
		By: gumby		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109356</link>

		<dc:creator><![CDATA[gumby]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 20:42:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109356</guid>

					<description><![CDATA[See now, that seems like rational discourse.  Seems an interesting point worthy of some discussion.  But I didn&#039;t see any of that in your blog post however, which was basically &quot;OMG Canada that backwater loser-land has no freedom of speech AT ALL!!!!!!&quot;.  Which you seem to understand from the above is completely absurd.  

I don&#039;t understand the need for this kind of juvenile snark on your website.  That sort of thing tends to confirm Canadian biases of Americans as myopic loudmouth jerks who spout off about things that aren&#039;t any of their business.  We get used to tuning it out as just ignorant noise.  So it  really does little to advance anyone&#039;s understanding of your views, other than those that already know in their heart of hearts that the USA is the best country, like, ever.  Which I&#039;m sure is fun, in a chucking-red-meat-to-the-sharks kinda way, but is a wee bit circle-jerky, no?]]></description>
			<content:encoded><![CDATA[<p>See now, that seems like rational discourse.  Seems an interesting point worthy of some discussion.  But I didn&#8217;t see any of that in your blog post however, which was basically &#8220;OMG Canada that backwater loser-land has no freedom of speech AT ALL!!!!!!&#8221;.  Which you seem to understand from the above is completely absurd.  </p>
<p>I don&#8217;t understand the need for this kind of juvenile snark on your website.  That sort of thing tends to confirm Canadian biases of Americans as myopic loudmouth jerks who spout off about things that aren&#8217;t any of their business.  We get used to tuning it out as just ignorant noise.  So it  really does little to advance anyone&#8217;s understanding of your views, other than those that already know in their heart of hearts that the USA is the best country, like, ever.  Which I&#8217;m sure is fun, in a chucking-red-meat-to-the-sharks kinda way, but is a wee bit circle-jerky, no?</p>
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		<title>
		By: Patrick		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109351</link>

		<dc:creator><![CDATA[Patrick]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 19:58:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109351</guid>

					<description><![CDATA[&lt;blockquote&gt;Accusing a lawyer of lying to a tribunal is actually kinda serious.&lt;/blockquote&gt;

Absolutely it is.  Which is one reason New York Times Co. v. Sullivan, which would control this case in the United States and would have resulted in summary judgment for the defense, is such an important decision.

We&#039;ve made a value judgment that the importance of political debate is such that errors in discussing public figures and public servants have to be of high magnitude (malice) to support a libel judgment.  You haven&#039;t.  Your point is absolutely valid, under Canadian law.  The Popehat post contrasts the two systems, and comes down in favor of the American rule because its author sincerely believes that libel suits are frequently misused, in Canada and yes, in the United States, to suppress legitimate criticism of the powerful.

That&#039;s the entire point of the post.  I&#039;m sorry our analysis didn&#039;t hit the high level to which you&#039;re accustomed, but we try.]]></description>
			<content:encoded><![CDATA[<blockquote><p>Accusing a lawyer of lying to a tribunal is actually kinda serious.</p></blockquote>
<p>Absolutely it is.  Which is one reason New York Times Co. v. Sullivan, which would control this case in the United States and would have resulted in summary judgment for the defense, is such an important decision.</p>
<p>We&#8217;ve made a value judgment that the importance of political debate is such that errors in discussing public figures and public servants have to be of high magnitude (malice) to support a libel judgment.  You haven&#8217;t.  Your point is absolutely valid, under Canadian law.  The Popehat post contrasts the two systems, and comes down in favor of the American rule because its author sincerely believes that libel suits are frequently misused, in Canada and yes, in the United States, to suppress legitimate criticism of the powerful.</p>
<p>That&#8217;s the entire point of the post.  I&#8217;m sorry our analysis didn&#8217;t hit the high level to which you&#8217;re accustomed, but we try.</p>
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		<title>
		By: gumby		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109347</link>

		<dc:creator><![CDATA[gumby]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 19:17:03 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109347</guid>

					<description><![CDATA[I&#039;m ...ah... Canadian by the way.  You know, the nation to the north of you your site calls, in its highly clever way &quot;podunk&quot;?  That&#039;s kinda the dig I was going for there.  

Anyway, keep on with that high level analysis you got going there.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m &#8230;ah&#8230; Canadian by the way.  You know, the nation to the north of you your site calls, in its highly clever way &#8220;podunk&#8221;?  That&#8217;s kinda the dig I was going for there.  </p>
<p>Anyway, keep on with that high level analysis you got going there.</p>
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		<title>
		By: Ken		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109341</link>

		<dc:creator><![CDATA[Ken]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 17:48:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109341</guid>

					<description><![CDATA[Yep.  The hamster is arthritic.]]></description>
			<content:encoded><![CDATA[<p>Yep.  The hamster is arthritic.</p>
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		<title>
		By: gumby		</title>
		<link>https://www.overlawyered.com/2010/11/november-30-roundup/comment-page-1/#comment-109338</link>

		<dc:creator><![CDATA[gumby]]></dc:creator>
		<pubDate>Wed, 01 Dec 2010 17:35:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20391#comment-109338</guid>

					<description><![CDATA[Quite the podunk website, there.]]></description>
			<content:encoded><![CDATA[<p>Quite the podunk website, there.</p>
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