Do judges believe . . . there is no need for the law to be followed
Date: Monday, February 25 @ 07:15:44 MST
Topic: Editor UnAlienable Rights
. . . there is no need for the law to be followed. All that the lawyers, judges/courts and government officials need to do to reach/achieve their politically correct agendas is rely on or create self-serving empirical research, not the law, to reach their politically correct social engineering agendas, not the law.
. . . there is no need for the law to be followed. All that the
lawyers, judges/courts and government officials need to do to reach/achieve
their politically correct agendas is rely on or create self-serving empirical
research****, not the law, to reach their politically correct social engineering
agendas, not the law.
Many of us ask how can courts/judges and government officials, do what they
do, say what they say when the plain language/words of the laws/promulgations
they have sworn to follow say otherwise.
The answer lays in the mind set [political correctness (PC)]
of the institutions in which  the judges get their legal education and  PC
directives government officials follow, that are passed on to them from the
executives/managers above them.
This, I believe, can be illustrated in an exchange of emails
between the then moderator [**Professor Patrick Randolph (of blessed memory),
University of Missouri, Kansas City] of the **DIRT discussion group and Jack
Rooney, Esq., one of the members of that group.
In November of 2009 Rooney wrote Randolph;
The ABA Real Prop Journal for Summer 2009 has arrived. It
contains a detailed discussion of property courses. Courses are going lighter on
transactions while bar exams and actual practice are 'heavy' on transactions.
Randolph’s response to the Rooney post;
[A]s a Property Law Professor myself, reviewing the chatter
going on among other (mostly younger) profs at other schools, I would say that
the only reason that transactions are covered at all in most schools is that the
teachers, who really are sociologists or economists or anthropologists disguised
as law professors, feel pressured to give some lip service to the fact that
their students have come to study for law practice.
They feel no personal interest in transactions issues, and
the pressure they feel goes only so far.
Huge amounts of time are spent on takings theory, meanings of ownership in
society, use regulation for environmental considerations, theories of
distributive justice, nationally and internationally, etc. etc.
This commentator wrote the Professor;
[A]nd I ask why do you see [I agree] the new law school professors being
sociologists or economists or anthropologists disguised as law professors?
To which the Professor replied:
It is the trend in the major schools to higher JD/PHd's because they appear to
feel that empirical research**** will more adequately back up the policy
conclusions reached in law review articles. In fact the Northwestern Dean has
declared that he believes no major law school will hire faculty today without
PHD's. He certainly won't.
And there it is in a nut shell, there is no need for the law to be
followed. All that the lawyers, judges/courts and government officials
need to do to reach/achieve their politically correct agendas is rely on or
create self-serving empirical research****, not the law, to reach their politically
correct social engineering agendas, not the law.
**Professor Patrick A Randolph Jr., an internationally recognized
expert in real estate law at UMKC School of Law, died at the age of 68.
Professor Randolph died at home on October 12 after a long battle with prostate
Randolph was highly regarded for his expertise in real estate and
development, particularly his knowledge of Chinese real estate law.
A professor at UMKC since 1980, he directed the UMKC/Peking University
Summer School in Chinese Law and lectured at more than 20 Chinese law schools.
In 1994, he began his work in China as a visiting professor in the Peking
University Department of Law in Beijing. Randolph was the co-founder and
co-director of the Real Estate Research Center at Peking University where he
served as the first foreign director of a research center at the university. In
2006, the Beijing Municipal Government awarded Professor Randolph the Great Wall
Friendship prize, in recognition of his many contributions to the Chinese legal
system. In 2008, the Chinese National Government awarded him the National
Friendship prize medal. Each is the highest award given to a foreigner.
Professor Randolph was the managing editor and website manager of the DIRT
discussion group on real estate law. DIRT arose as an offshoot of the American
Bar Association’s Quarterly Development Report, to which Randolph was a
regular contributor. Included in DIRT were the Daily Developments, Randolph’s
analyses of current cases and developments published virtually on a daily basis.
"It is hard to think of anyone else who has contributed as much to the
profession of real estate law; Pat has been the champion!" said Dale A.
Whitman, Professor of Law Emeritus, University of Missouri-Columbia. "Pat’s
efforts to bring the practicing bar and the teaching profession together, and to
let each group learn from the other, have been monumental – and highly
successful. The idea of cooperation between these two groups has been powerful
indeed, and Pat deserves the lion’s share of the credit for making it a
In 2000, Realtor Magazine named Randolph one of the 25 most influential
people in American real estate. He was named in many compilations of the world’s
and Missouri’s best real estate lawyers. His treatise – Randolph Edition of
Friedman on Leases – is the leading authority nationwide on leasing matters.
Born in Pasadena, Calif., on September 2, 1944, Randolph grew up in the
1950s in Arcadia, a bedroom community serving the city of Los Angeles. In 1966,
Randolph received his BA from Yale University in New Haven, Conn. Randolph would
describe his greatest accomplishment at Yale as being one of the louder and
"almost always on key" baritones in one of Yale’s established
singing groups, the Society of Orpheus and Bacchus ("SOBs").
Randolph attended Boalt School of Law at the University of California,
Berkeley, where he was a special projects editor of the California Law Review.
He received his law degree in 1969 and served as law clerk to Chief Justice
Kenneth J. O’Connell of the Oregon Supreme Court. He then became an associate
in the firm of O’Melveny and Meyers in Los Angeles before joining the faculty
at UMKC. Besides his teaching role, he maintained a consulting relationship with
Husch Blackwell in Kansas City, Missouri.
In addition to his wife, Pamela McCormick, Randolph’s survivors include
his sister, Carolee Jones, of Stockton, California; his brother, Donald C.
Randolph, of Pacific Palisades, California; his son, Patrick A. Randolph lll, of
Kansas City, Missouri; his daughter, Alice Randolph Pattison, of Kansas City,
Missouri; and his two beloved granddaughters, Emily and Brigid Pattison.
DIRT - the Internet legal discussion group on for real estate professionals.
If you are a real estate professional, we welcome your participation on the DIRT
The essence of DIRT is the Listserv - subscribers who join the list receive
all messages posted by other subscribers. These messages contain matters of
concern to real estate professionals. Each weekday the editor of DIRT posts a
Daily Development - a summary of a recent case or other legal development.
Usually the editor also contributes comments on the development intended to spur
responses - pro, con and in between, from DIRT readers. If you join DIRT, you
can expect messages every weekday on a variety of topics.
The message volume varies from one or two a day to as many as fifteen or so.
Read those you want; delete those whose subject indicators suggest that they are
of no interest to you. This Webpage will tell you how to join DIRT and give you
some background about it. It also has the DIRT Archives, as described below. We
hope that you find DIRT a helpful adjunct to your practice as a real estate
DIRT was originally founded and edited by Patrick A. Randolph, Jr., Elmer F.
Pierson Professor of Law at the University of Missouri-Kansas City School of
Law, and received support from the American Bar Association's Section on Real
Property, Trust and Estate Law and the University of Missouri-Kansas City School
of Law. In September 2012, an interim Editorial Board was assembled to ensure
that DIRT would continue. The Interim Board members - a very distinguished group
of active DIRT participants - are:
Dale A. Whitman (Chair), Professor of Law Emeritus, University of
Roger Bernhardt (Secretary), Professor of Law, Golden Gate University, San
Jack P. Burton, Rodey Law Firm, Santa Fe
Morton P. Fisher, Ballard Spahr LLP, Baltimore
Robert S. Freedman, Carlton Fields PA, Tampa
R. Wilson Freyermuth, Professor of Law, University of Missouri-Columbia
Richard R. Goldberg, Ballard Spahr LLP, Philadelphia
Celeste M. Hammond, Professor of Law, The John Marshall Law School, Chicago
Robert J. Krapf, Richards, Layton & Finger, Wilmington
Bruce B. May, Jennings, Strouss & Salmon, PLC, Phoenix
Ira Meislik, Meislik & Meislik, Montclair
Patrick A. Randolph, Jr. (Editor Emeritus and Founder), Professor of Law,
UMKC School of Law, Kansas City
Patrick T. Sharkey, Jackson Walker LLP, Houston
DIRT is independent of any organization in terms of editorial content.
Opinions expressed on DIRT are solely those of their authors. Information and
opinions on DIRT do not constitute legal advice and should not be relied upon
for making legal decisions. Decisions concerning legal matters should be reached
with the benefit of a qualified attorney.
of a standard empirical research article:
Note: Empirical research
articles will not necessary use the exact terms listed below.
A paragraph length description of what the study includes
of the hypotheses for
the research and
a review of other research on the topic.
Method ...A description
of how the research was conducted, such
◊ Who are
of the study
What the participants did
What measures were used
results section describes the outcomes of the measures of the study.
discussion section contains the interpretations and implications of the
references, or bibliography, will contain citation information on
the material cited in the report.
of a Empirical Article
articles will include charts, graphs, or statistical analysis.
research articles are usually substantial, are likely to
be from 8-40 pages long.
is always a
bibliography found at
the end of the article.
research articles are published
in scholarly or academic journals
These journal are also called “peer-reviewed,”
or “refereed” publications.
of such publications include:
Journal of Sociology,
Methods and Research.
Empirical Research: How to Recognize and Locate,
Cynthia Bruns, Reference Librarian, Cal State, Fullerton, Pollack Library