thinks Archives - Home Safety Tech Pros https://homesafetytechpros.com/tag/thinks/ Home Safety Tech Pros Mon, 24 Mar 2025 04:32:57 +0000 en-US hourly 1 https://wordpress.org/?v=7.1 This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge https://homesafetytechpros.com/this-harvard-law-prof-thinks-constitutional-theory-is-a-terrible-way-to-pick-a-judge/ https://homesafetytechpros.com/this-harvard-law-prof-thinks-constitutional-theory-is-a-terrible-way-to-pick-a-judge/#respond Mon, 24 Mar 2025 04:32:57 +0000 https://homesafetytechpros.com/this-harvard-law-prof-thinks-constitutional-theory-is-a-terrible-way-to-pick-a-judge/ Home The Modern Law Library This Harvard Law prof thinks constitutional… The Modern Law Library This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge By Lee Rawles March 5, 2025, 9:04 am CST What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our […]

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This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge

By Lee Rawles

book cover

What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off.

“We should look for judges who are likely to display good judgment in their rulings, … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law School professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory.

In looking at what qualities were shared by great U.S. Supreme Court justices, Tushnet identified five that he thinks were of especial importance:

1. Longevity and age

2. Location in political time

3. Prior experience in public life

4. NOT A JUDGE (“I put this in capital letters because it’s common today to think that justices have to have been judges,” Tushnet writes. He doesn’t see having a past judicial career as disqualifying but points out that many great justices were not sitting judges when appointed.)

5. Intellectual curiosity

In this episode of The Modern Law Library podcast, Tushnet and the ABA Journal’s Lee Rawles discuss how he thinks that people should be evaluated for judicial positions, his experience as a clerk for the late Supreme Court Justice Thurgood Marshall, what makes a well-crafted opinion, and why he thinks that any overarching theory about the Constitution will fall short.

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In This Podcast:

<p>Mark Tushnet</p>

Mark Tushnet

Mark Tushnet is a William Nelson Cromwell law professor emeritus at Harvard Law School. Tushnet, who graduated from Harvard College and Yale Law School and was a law clerk to the late U.S. Supreme Court Justice Thurgood Marshall, specializes in constitutional law and theory, including comparative constitutional law. His research includes studies of constitutional review in the United States and around the world. He is the author of more than a dozen books, has edited eight others, and has written numerous articles on constitutional law and legal history.





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]]> https://homesafetytechpros.com/this-harvard-law-prof-thinks-constitutional-theory-is-a-terrible-way-to-pick-a-judge/feed/ 0 Does Tide mislead consumers with ’64 loads’ claim? Judge thinks not https://homesafetytechpros.com/does-tide-mislead-consumers-with-64-loads-claim-judge-thinks-not/ https://homesafetytechpros.com/does-tide-mislead-consumers-with-64-loads-claim-judge-thinks-not/#respond Mon, 08 Jan 2024 09:04:21 +0000 https://homesafetytechpros.com/does-tide-mislead-consumers-with-64-loads-claim-judge-thinks-not/ Home Daily News Does Tide mislead consumers with ’64 loads’… Consumer Law Does Tide mislead consumers with ’64 loads’ claim? Judge thinks not By Debra Cassens Weiss January 4, 2024, 12:54 pm CST The term “load” is ambiguous, said U.S. District Judge Cathy Seibel of New York in her Jan. 2 decision. The judge noted […]

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Consumer Law

Does Tide mislead consumers with ’64 loads’ claim? Judge thinks not

By Debra Cassens Weiss

Tide lawsuit images_600px

The term “load” is ambiguous, said U.S. District Judge Cathy Seibel of New York in her Jan. 2 decision. The judge noted that there is a diamond after the word “loads,” leading to more information on the back label. Photos from Seibel’s decision.

A federal judge in New York criticized consumer lawyer Spencer Sheehan as she tossed his proposed class action lawsuit claiming that Tide misleads consumers with labels promising to wash “64 loads.”

U.S. District Judge Cathy Seibel of the Southern District of New York on Tuesday dismissed the amended suit by plaintiff Aja Adeghe, who said the Tide laundry detergent that she bought did not contain enough detergent for 64 full-size loads. In reality, Adeghe alleged, there is only enough Tide for 32 full-size loads.

Law360 has coverage.

The term “load” is ambiguous, Seibel said in her Jan. 2 decision. The judge noted that there is a diamond after the word “loads,” leading to more information on the back label. At that location, Tide discloses that 64 loads refers to 64 medium loads, as measured by the lowest bar on the cap.

Adeghe had sued for alleged violations of New York business law, state consumer fraud laws, breach of warranty and unjust enrichment. Seibel tossed all the claims and refused to allow Adeghe to file an amended suit.

Seibel said Sheehan, one of the lawyers representing Adeghe, “regularly brings such claims and then withdraws them” after a motion to dismiss is filed.

“The court again questions how counsel can continue to bring such claims in good faith, as he plainly knows he will be unable to justify them,” Seibel wrote.

Referencing prior suits, Seibel said Sheehan “continues to plead in an insufficient fashion, when a modicum of legal research would avoid the problem.”

At the conclusion of her opinion, Seibel quoted with approval from a decision by a federal judge in the Northern District of New York.

That judge said: “Courts around the country have been inundated with a seemingly endless supply of trivial (bordering on frivolous) lawsuits, asking the courts to read the labels of consumer goods in manners that strain credulity or to simply ignore other relevant language provided on the labels. The case before the court here is one of many that should give pause to Mr. Sheehan and serve as a reminder that context matters and that a label should be read in its entirety.”

Sheehan didn’t immediately reply to an ABA Journal email and voicemail seeking comment.

See also:

“Food Fight: Do lawsuits challenging product labels benefit consumers?”

“Food labeling lawyer’s ‘warehouse of complaints’ are ‘not fit for public consumption,’ judge says”

“Lawyer has filed nearly 100 consumer lawsuits over vanilla labeling”





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