law

Files exploring law, jurisprudence, constitutional interpretation, and how courts reason.

• Sitch vs. Ryan Mullally — Birthright Citizenship & Natural Law — the 14th Amendment / Wong Kim Ark ratio-decidendi fight (stated scope vs. load-bearing logic; holding vs. dicta); the surplusage canon vs. a floor-speech-in-context reading of Sen. Howard’s 1866 statement
• LiquidZulu Course 1 — The Nature of Law — judge-found vs legislated law (Kinsella/Leoni); positivism quoted right and argued wrong; the armchair-complete code vs Hayek’s grown one
• LiquidZulu Course 2 — The NAP — foreseeability imported from the Restatement of Torts one chapter after positivism was called a non-theory; the mailbox as convention
• LiquidZulu Course 3 — Homesteading — the donut problem; ownership = exclusion vs ownership = direction, two definitions in one chapter
• LiquidZulu Course 4 — Contract Theory — fraud as theft-by-trick (intent-defined) vs the intent-blind breach rule; intestacy as abandonment
• LiquidZulu Course 5 — Children — age of majority as arbitrary; courts hearing the child’s testimony; notification relabelled as a negative duty
• LiquidZulu Course 6 — Defensive Force — restitution on actus reus, retribution on mens rea; “antecedent rights must prevail” returns as a patch
• LiquidZulu Course 7 — Law as a Subset of Ethics — the suicide-grab as a crime one ought not commit — what “ought is ought” plus ch. 5 entails
• The Public/Private Boundary — the line is drawn by exclusion, not ownership; TIK and LZ as the two failed criteria
• Lazy Law — banning the tool because the wrong is hard to reach; over-reach plus substitution (ban X, people do Y)