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Comments for Courts Law</title>
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    <link>https://courtslaw.jotwell.com/</link>
    <description>The Journal of Things We Like (Lots)</description>
    <lastBuildDate>Wed, 15 Apr 2026 12:43:31 +0000</lastBuildDate>
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Comment on The Lost Story of the Pelvic Mesh Litigants by Reviews of Elizabeth Chamblee Burch, The Pain Brokers: How Con Men, Call Centers, and Rogue Doctors Fuel America’s Lawsuit Factory (January 2026) | Private Law Theory - Obligations, Property, Legal Theory</title>
      <link>https://feedpress.me/link/16867/17319498/the-lost-story-of-the-pelvic-mesh-litigants</link>
      <dc:creator><![CDATA[Reviews of Elizabeth Chamblee Burch, The Pain Brokers: How Con Men, Call Centers, and Rogue Doctors Fuel America&#8217;s Lawsuit Factory (January 2026) &#124; Private Law Theory - Obligations, Property, Legal Theory]]></dc:creator>
      <pubDate>Wed, 15 Apr 2026 12:43:31 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=4149#comment-132928</guid>
      <description><![CDATA[[&#8230;] The Lost Story of the Pelvic Mesh Litigants (Seth Endo): Multidistrict litigation (MDL) cases now comprise a majority of the federal docket. And MDLs often are one of the only means of providing victims of mass-torts with the possibility of redress. But even after Federal Rule of Civil Procedure 16.1 took effect on December 1, 2025, there is limited guidance for courts, lawyers, and litigants. Despite this, as Nora Freeman Engstrom identifies, &#8216;These decisions can affect hundreds of thousands of litigants and, in many cases, the legitimacy of the civil justice system itself&#8217;. Unsurprisingly, MDLs provide a frequent subject for legal scholars &#8230; (JOTWELL, 15 April 2026) [&#8230;]]]></description>
      <content:encoded><![CDATA[<p>[&#8230;] The Lost Story of the Pelvic Mesh Litigants (Seth Endo): Multidistrict litigation (MDL) cases now comprise a majority of the federal docket. And MDLs often are one of the only means of providing victims of mass-torts with the possibility of redress. But even after Federal Rule of Civil Procedure 16.1 took effect on December 1, 2025, there is limited guidance for courts, lawyers, and litigants. Despite this, as Nora Freeman Engstrom identifies, &#8216;These decisions can affect hundreds of thousands of litigants and, in many cases, the legitimacy of the civil justice system itself&#8217;. Unsurprisingly, MDLs provide a frequent subject for legal scholars &#8230; (JOTWELL, 15 April 2026) [&#8230;]</p>
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      <title>
Comment on Non-Lawyer Judges in Devalued Courts by Brock</title>
      <link>https://feedpress.me/link/16867/17312703/non-lawyer-judges-in-devalued-courts</link>
      <dc:creator><![CDATA[Brock]]></dc:creator>
      <pubDate>Thu, 02 Apr 2026 22:39:17 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=3729#comment-132129</guid>
      <description><![CDATA[In reply to &lt;a href=&quot;https://courtslaw.jotwell.com/non-lawyer-judges-in-devalued-courts/#comment-82988&quot;&gt;Elizabeth Sullivan&lt;/a&gt;.

But...the defendants can ask for a retrial with a real judge, even after coming to a judgement.]]></description>
      <content:encoded><![CDATA[<p>In reply to <a href="https://courtslaw.jotwell.com/non-lawyer-judges-in-devalued-courts/#comment-82988">Elizabeth Sullivan</a>.</p>
<p>But&#8230;the defendants can ask for a retrial with a real judge, even after coming to a judgement.</p>
<img src="https://feedpress.me/link/16867/17312703.gif" height="1" width="1"/>]]></content:encoded>
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    <item>
      <title>
Comment on Judicial Sovereignty-Making at the Country’s Start by El roam</title>
      <link>https://feedpress.me/link/16867/17280085/judicial-sovereignty-making-at-the-countrys-start</link>
      <dc:creator><![CDATA[El roam]]></dc:creator>
      <pubDate>Fri, 20 Feb 2026 14:02:31 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=4142#comment-129898</guid>
      <description><![CDATA[Very interesting post. I would argue, that it is rather progress in human rights sphere, advance in technology and more... over maritime issues. Yet, original way of thinking, and highly interesting. 

Thanks]]></description>
      <content:encoded><![CDATA[<p>Very interesting post. I would argue, that it is rather progress in human rights sphere, advance in technology and more&#8230; over maritime issues. Yet, original way of thinking, and highly interesting. </p>
<p>Thanks</p>
<img src="https://feedpress.me/link/16867/17280085.gif" height="1" width="1"/>]]></content:encoded>
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    <item>
      <title>
Comment on Non-Lawyer Judges in Devalued Courts by Laurel Jane Bailey</title>
      <link>https://feedpress.me/link/16867/17242989/non-lawyer-judges-in-devalued-courts</link>
      <dc:creator><![CDATA[Laurel Jane Bailey]]></dc:creator>
      <pubDate>Sun, 28 Dec 2025 19:36:14 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=3729#comment-126819</guid>
      <description><![CDATA[In reply to &lt;a href=&quot;https://courtslaw.jotwell.com/non-lawyer-judges-in-devalued-courts/#comment-84694&quot;&gt;Ramesh Mishra&lt;/a&gt;.

I dont believe a judge should have been in Law prior to them aquiri g a seat. Because the prosdcution and the attorney are who need to know statutes and law all a judge is there for is to make sure the trial is fair. Yo listen and use their wisdom of experience and worldviewed opinion of what is right and wrong. And I think that it would be a good thing to have judges that have actually experienced going to jail at least one time. So they can agree or disagreee with sentencing. A person in a place of prosecution or being a judge need that experience, because it will cause them to be understanding of what it is they are stripping that defendant of and there would be fair sentencing according to the actual facts that were proven beyond a shadow of a doubt. Which is the way its supposed to be. Instead they are incencitized by those who are driven by racial undertoned thinking and create impartiality. The law has never been black or white, the grey area has made it easy for lawyers to find loopholes that get the guilty off the hook but they dont allow piblic defenders to actually defend only to persuade the defendent to plea and that&#039;s not justice that is a set up to fail and a way to keep it moving faster and as a reault we have thousands of people wrongfully accused and when you bring reconstructed fabricated &quot;proof&quot; of a persons guilt and add a judge that knows little about law, you have an easy way to send people wherethey do not belongand people diefrom these kangaroo courts. A judge musy be over50 and must have past history showing goid deeds or help in referee
Type situation and has a known conmunity standing of being a grounded and logical and critcle thInking skillset and no judge should be under 50 because they are not wise in their thinking and no judge should still be judge after 75 that way they don&#039;t get burnrd out and arent overwehlmed by stress and should try to make surethey have families. Amd maybe at least a 1000 people on a petition that agree]]></description>
      <content:encoded><![CDATA[<p>In reply to <a href="https://courtslaw.jotwell.com/non-lawyer-judges-in-devalued-courts/#comment-84694">Ramesh Mishra</a>.</p>
<p>I dont believe a judge should have been in Law prior to them aquiri g a seat. Because the prosdcution and the attorney are who need to know statutes and law all a judge is there for is to make sure the trial is fair. Yo listen and use their wisdom of experience and worldviewed opinion of what is right and wrong. And I think that it would be a good thing to have judges that have actually experienced going to jail at least one time. So they can agree or disagreee with sentencing. A person in a place of prosecution or being a judge need that experience, because it will cause them to be understanding of what it is they are stripping that defendant of and there would be fair sentencing according to the actual facts that were proven beyond a shadow of a doubt. Which is the way its supposed to be. Instead they are incencitized by those who are driven by racial undertoned thinking and create impartiality. The law has never been black or white, the grey area has made it easy for lawyers to find loopholes that get the guilty off the hook but they dont allow piblic defenders to actually defend only to persuade the defendent to plea and that&#8217;s not justice that is a set up to fail and a way to keep it moving faster and as a reault we have thousands of people wrongfully accused and when you bring reconstructed fabricated &#8220;proof&#8221; of a persons guilt and add a judge that knows little about law, you have an easy way to send people wherethey do not belongand people diefrom these kangaroo courts. A judge musy be over50 and must have past history showing goid deeds or help in referee<br />
Type situation and has a known conmunity standing of being a grounded and logical and critcle thInking skillset and no judge should be under 50 because they are not wise in their thinking and no judge should still be judge after 75 that way they don&#8217;t get burnrd out and arent overwehlmed by stress and should try to make surethey have families. Amd maybe at least a 1000 people on a petition that agree</p>
<img src="https://feedpress.me/link/16867/17242989.gif" height="1" width="1"/>]]></content:encoded>
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      <title>
Comment on Conflict of Laws as Pedagogy by ‘Conflict of Laws as Pedagogy’ | Private Law Theory - Obligations, Property, Legal Theory</title>
      <link>https://feedpress.me/link/16867/17229125/conflict-of-laws-as-pedagogy</link>
      <dc:creator><![CDATA[&#8216;Conflict of Laws as Pedagogy&#8217; &#124; Private Law Theory - Obligations, Property, Legal Theory]]></dc:creator>
      <pubDate>Wed, 10 Dec 2025 17:27:55 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=4130#comment-125557</guid>
      <description><![CDATA[[&#8230;] Susanne Lilian Gössl, ‘“Mirin&#8221; and Beyond &#8211; Gender Identity, Domestic Private International Law, and Human Rights in the EU&#8217;, International Journal of Law, Policy and the Family, available at SSRN (20 May 2025). Fights over gender identity have preoccupied American politicians in recent years. The dialogue surrounding these issues has not always been civil and productive. Too often, voices with incendiary positions have been rewarded with the most attention. Help comes from what might seem, on first sight, like an unlikely source: private international law, or, as more commonly called stateside, conflict of laws. In ‘“Mirin&#8221; and Beyond&#8217;, Susanne Lilian Gössl provides an account of how European legal systems deal with situations where different sovereigns have different or even clashing views on gender determination and change, including binary and non-binary approaches &#8230; (more) [&#8230;]]]></description>
      <content:encoded><![CDATA[<p>[&#8230;] Susanne Lilian Gössl, ‘“Mirin&#8221; and Beyond &#8211; Gender Identity, Domestic Private International Law, and Human Rights in the EU&#8217;, International Journal of Law, Policy and the Family, available at SSRN (20 May 2025). Fights over gender identity have preoccupied American politicians in recent years. The dialogue surrounding these issues has not always been civil and productive. Too often, voices with incendiary positions have been rewarded with the most attention. Help comes from what might seem, on first sight, like an unlikely source: private international law, or, as more commonly called stateside, conflict of laws. In ‘“Mirin&#8221; and Beyond&#8217;, Susanne Lilian Gössl provides an account of how European legal systems deal with situations where different sovereigns have different or even clashing views on gender determination and change, including binary and non-binary approaches &#8230; (more) [&#8230;]</p>
<img src="https://feedpress.me/link/16867/17229125.gif" height="1" width="1"/>]]></content:encoded>
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    <item>
      <title>
Comment on Killing Precedent Softly by Elaine Mittleman</title>
      <link>https://feedpress.me/link/16867/17211089/killing-precedent-softly</link>
      <dc:creator><![CDATA[Elaine Mittleman]]></dc:creator>
      <pubDate>Mon, 17 Nov 2025 20:56:34 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=4108#comment-123702</guid>
      <description><![CDATA[In the paragraph about Bivens, there is a statement that &quot;empirical analysis demonstrates&quot; with a link.  I clicked on that link and got an article, &quot;Democratizing Criminal Justice Through Contestation and Resistance.&quot;

https://scholarlycommons.law.northwestern.edu/nulr/vol111/iss6/12

It seems doubtful that is the article that describes empirical analysis about Bivens.

Could you please check if there is another article about the empirical analysis relating to Bivens?  
Thanks.]]></description>
      <content:encoded><![CDATA[<p>In the paragraph about Bivens, there is a statement that &#8220;empirical analysis demonstrates&#8221; with a link.  I clicked on that link and got an article, &#8220;Democratizing Criminal Justice Through Contestation and Resistance.&#8221;</p>
<p><a href="https://scholarlycommons.law.northwestern.edu/nulr/vol111/iss6/12" rel="nofollow ugc">https://scholarlycommons.law.northwestern.edu/nulr/vol111/iss6/12</a></p>
<p>It seems doubtful that is the article that describes empirical analysis about Bivens.</p>
<p>Could you please check if there is another article about the empirical analysis relating to Bivens?<br />
Thanks.</p>
<img src="https://feedpress.me/link/16867/17211089.gif" height="1" width="1"/>]]></content:encoded>
    </item>
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      <title>
Comment on Construing Precedent by What's New in Public Law - www.iconnectblog.com</title>
      <link>https://feedpress.me/link/16867/17201941/construing-precedent</link>
      <dc:creator><![CDATA[What&#039;s New in Public Law - www.iconnectblog.com]]></dc:creator>
      <pubDate>Mon, 03 Nov 2025 04:21:44 +0000</pubDate>
      <guid isPermaLink="false">http://courtslaw.jotwell.com/?p=1592#comment-122471</guid>
      <description><![CDATA[[&#8230;] K. Levy, Construing Precedent, Courts Law [&#8230;]]]></description>
      <content:encoded><![CDATA[<p>[&#8230;] K. Levy, Construing Precedent, Courts Law [&#8230;]</p>
<img src="https://feedpress.me/link/16867/17201941.gif" height="1" width="1"/>]]></content:encoded>
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      <title>
Comment on Two New Windows Into Discovery by ‘Two New Windows Into Discovery’ | Private Law Theory - Obligations, Property, Legal Theory</title>
      <link>https://feedpress.me/link/16867/17198229/two-new-windows-into-discovery</link>
      <dc:creator><![CDATA[&#8216;Two New Windows Into Discovery&#8217; &#124; Private Law Theory - Obligations, Property, Legal Theory]]></dc:creator>
      <pubDate>Wed, 29 Oct 2025 07:33:09 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=4113#comment-121975</guid>
      <description><![CDATA[[&#8230;] Miyoko Pettit-Toledo, &#8216;The Politics of Proportionality in State Civil Rulemaking&#8217;, 101 Denver Law Review 641 (2024); James Stone, &#8216;The Prison Discovery Crisis&#8217;, 134 Yale Law Journal 2751 (2025). About thirty years ago, Paul D Carrington observed that the discovery stage of civil litigation is a &#8216;means of correcting imbalances in … power that are productive of injustice&#8217;. Two recent articles &#8211; one by Miyoko T Pettit-Toledo and one by James Stone &#8211; illustrate the lasting power of that reflection. While each takes on a different aspect of discovery, both pair thoughtful empirical work with probing critical analyses that get at the very real stakes for litigants. And each, in effect, applies a version of the old test for a person’s character by addressing how various discovery systems treat the most vulnerable amongst us &#8230; (more) [&#8230;]]]></description>
      <content:encoded><![CDATA[<p>[&#8230;] Miyoko Pettit-Toledo, &#8216;The Politics of Proportionality in State Civil Rulemaking&#8217;, 101 Denver Law Review 641 (2024); James Stone, &#8216;The Prison Discovery Crisis&#8217;, 134 Yale Law Journal 2751 (2025). About thirty years ago, Paul D Carrington observed that the discovery stage of civil litigation is a &#8216;means of correcting imbalances in … power that are productive of injustice&#8217;. Two recent articles &#8211; one by Miyoko T Pettit-Toledo and one by James Stone &#8211; illustrate the lasting power of that reflection. While each takes on a different aspect of discovery, both pair thoughtful empirical work with probing critical analyses that get at the very real stakes for litigants. And each, in effect, applies a version of the old test for a person’s character by addressing how various discovery systems treat the most vulnerable amongst us &#8230; (more) [&#8230;]</p>
<img src="https://feedpress.me/link/16867/17198229.gif" height="1" width="1"/>]]></content:encoded>
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      <title>
Comment on Non-Lawyer Judges in Devalued Courts by Confederate patriot</title>
      <link>https://feedpress.me/link/16867/17141288/non-lawyer-judges-in-devalued-courts</link>
      <dc:creator><![CDATA[Confederate patriot]]></dc:creator>
      <pubDate>Wed, 10 Sep 2025 17:21:36 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=3729#comment-116369</guid>
      <description><![CDATA[I am fully in favor of no lawyer judges. I am legally schooled but didn&#039;t choose the lawyer career. 
I have however fought many civil rights cases through all the levels of state and federal courts and the judges, because of the bar association, are part of a trade organization that first and foremost stick together to protect each other and the state. 
They end up as a pack of rogue accomplices in crime. 
We need FAR MORE non bar association members. 
This does not mean legally unschooled, but it does mean not institutionally trained fuckin lapdogs.]]></description>
      <content:encoded><![CDATA[<p>I am fully in favor of no lawyer judges. I am legally schooled but didn&#8217;t choose the lawyer career.<br />
I have however fought many civil rights cases through all the levels of state and federal courts and the judges, because of the bar association, are part of a trade organization that first and foremost stick together to protect each other and the state.<br />
They end up as a pack of rogue accomplices in crime.<br />
We need FAR MORE non bar association members.<br />
This does not mean legally unschooled, but it does mean not institutionally trained fuckin lapdogs.</p>
<img src="https://feedpress.me/link/16867/17141288.gif" height="1" width="1"/>]]></content:encoded>
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      <title>
Comment on Non-Lawyer Judges in Devalued Courts by Juízes sem Formação em Direito nos EUA, é possível? •</title>
      <link>https://feedpress.me/link/16867/17141119/non-lawyer-judges-in-devalued-courts</link>
      <dc:creator><![CDATA[Juízes sem Formação em Direito nos EUA, é possível? &#8226;]]></dc:creator>
      <pubDate>Wed, 10 Sep 2025 12:00:05 +0000</pubDate>
      <guid isPermaLink="false">https://courtslaw.jotwell.com/?p=3729#comment-116352</guid>
      <description><![CDATA[[&#8230;] detalhes: Non-Lawyer Judges in Devalued Courts &#8211; Courts Law / JUDGING WITHOUT A J.D. &#8211; Columbia Law Review / Análise comparativa dos principais [&#8230;]]]></description>
      <content:encoded><![CDATA[<p>[&#8230;] detalhes: Non-Lawyer Judges in Devalued Courts &#8211; Courts Law / JUDGING WITHOUT A J.D. &#8211; Columbia Law Review / Análise comparativa dos principais [&#8230;]</p>
<img src="https://feedpress.me/link/16867/17141119.gif" height="1" width="1"/>]]></content:encoded>
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