Re:New Mexico is the second state to ban qualified immunity
by spicybright on Thursday April 08, 2021 @08:10AM
(#26737738)
It's too bad the US is too hard headed to adopt some of these practices.
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Re:New Mexico is the second state to ban qualified immunity
by Kalium on Thursday April 08, 2021 @08:49AM
(#26738062)
You're absolutely right! The US is pretty hard-headed on any number of subjects, reasonable or otherwise. A lot of these are great ideas.
Formalizing into law the system where a judge decides what is a reasonable amount of attorney's fees definitely sounds like an improvement! Though I can see where revamping the fundamental structure of a legal system could be challenging, time-consuming, and probably messy.
Re:New Mexico is the second state to ban qualified immunity
by vimax on Thursday April 08, 2021 @08:50AM
(#26738072)
I don't think it is just being hard headed. I don't know of a practical non-disruptive way to change the basis of the US legal system away from common law.
Edit: not that I support the legal status quo, I just don't see the public bipartisan will to make that level of systemic reform
Re:New Mexico is the second state to ban qualified immunity
by spicybright on Thursday April 08, 2021 @09:45AM
(#26738586)
That's pretty much what I mean by hard headed, no one is willing to consider change. Not an individual, just the people that create laws and policies.
Re:New Mexico is the second state to ban qualified immunity
by Ericson2314 on Thursday April 08, 2021 @10:32AM
(#26739183)
Yeah no kidding. Common law is perhaps at the heart of how rich Americans understand the state. And then the overrepresentation of lawyers in legislatures just makes this worse. Either way, this stuff is completely sacrosanct for no good reason.
Re:New Mexico is the second state to ban qualified immunity
by floxy on Thursday April 08, 2021 @04:09PM
(#26743160)
>this stuff is completely sacrosanct for no good reason.
Evolved law systems, like common law, do have some elegance that most people tend to overlook. Here's one article I found very interesting:
http://www.law.nyu.edu/sites/default/files/ECM_PRO_060886.pd...