A valuable, measured piece cutting through the hysteria and hyperbole. I was waiting for your perspective and, as always, the historical lens is a tonic. Thank you!
Was Justice Jackson applying a Hohfeldian analysis to immunity in her dissent? With the recognition of a legal immunity, is there a corresponding legal disability, in Hohfeld’s words, that deserves recognition?
Genuine question as a fan of yours who is not fully educated on these matters yet. In your school of thought, what happens when a leader who is “above the law” chooses not to abide by internalized directive force of the law? When the bad man does decide to act badly? What is the mechanism for dealing with that situation outside of legal coercion?
A valuable, measured piece cutting through the hysteria and hyperbole. I was waiting for your perspective and, as always, the historical lens is a tonic. Thank you!
No, thank you! Appreciate it.
Was Justice Jackson applying a Hohfeldian analysis to immunity in her dissent? With the recognition of a legal immunity, is there a corresponding legal disability, in Hohfeld’s words, that deserves recognition?
Interesting - gotta ponder that one - what would the disability be?
As per dissent p.11, a prosecutor and/or jury; but the more general reference would the legislature vis a vis the executive on p.13?
Genuine question as a fan of yours who is not fully educated on these matters yet. In your school of thought, what happens when a leader who is “above the law” chooses not to abide by internalized directive force of the law? When the bad man does decide to act badly? What is the mechanism for dealing with that situation outside of legal coercion?