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copypasterepeat | 1 year ago
The standard response to this is that laws should be written in ways that are non-ambiguous but that's easier said than done. Not to mention that sometimes the lawmakers can't fully agree themselves so they leave some statements intentionally ambiguous so that they can be interpreted by the courts.
kmoser|1 year ago
skissane|1 year ago
shagie|1 year ago
> These days, he often looks for some kind of STEM background for the IP desk. It’s not necessary, but it helps. Bill Toth, the IP clerk during Oracle v. Google, didn’t have a STEM background, but he told me that the judge had specifically asked him to take a computer science course in preparation for his clerkship. When I asked Alsup about it, he laughed a little — he had no recollection of “making” Toth take any classes — but he did acknowledge that sometimes he gives clerks a heads up about what kind of cases are coming their way, and what kind of classes might be useful ahead of time.
Note that it's not necessarily the judge that's important as an individual knowing the material, but that the clerks who work for the judge are.
ptsneves|1 year ago
Xelynega|1 year ago
Alternatives like codified law exist and are practiced, just not in the US or Canada.