I think the answer is that Bill is right on the policy here, but whiffs on the actual law.

Cherry on top is that half of readers see this exchange, nod along, and are like, “Yeah, that seems right.”

A client will often ask me, “Will we win this motion?” And like any lawyer free of law-prof brain-poisoning, my answer is always, “I dunno. Maybe. Did our judge oversleep? They have breakfast? Did they get into a car accident? Did they forget their mistress’s birthday? It’ll all affect our odds.”

From one lawyer to another: Legal scholarship is a joke. Law school is a joke. The law isn’t real. It’s make-believe for boring grownups. All real lawyers know this. All laypeople know this. The only ones who don’t seem to know this are law profs. Humiliating on every level

“Haha, take that right-wing! I’ve successfully parried your argument that professors with glasses should be sent to a gulag by engaging with it seriously in a good-faith thought-experiment to ultimately dismantle your logic. Bet you now see the folly in your ways.” [Train whistle blows anyways]

No, we don’t need to do fun little law-school hypos discussing whether black people are property or not. Or whether women should vote or not. Or whether we should criminalize child pornography. Sorry, but these are easy layups that don’t require HYS and Skadden brain-poisoning to unspool

Hey Dan, I’m a MN lawyer and—like all law profs—I’m sorry to tell you you’ve apparently had your brain replaced with a baby’s brain. At least business-school profs know first year calculus.

FYI I’m pretty mid in that department anyway