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Cake day: July 9th, 2023

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  • Wouldn’t the establishment of a new precedent require the Supreme Court to overturn their previous ruling though? I’m not super familiar with the judicial system, so perhaps someone could tell me if I’m on the right track here with this hypothetical series of events

    1. Charges filed
    2. Defense motions to dismiss case on grounds that police don’t have to protect anyone
    3. Prosecution counters that that’s not necessarily what they are arguing here
    4. Judge at the lowest level with jurisdiction decides to allow the case to proceed based on prosecutions argument that they aren’t litigating settled law
    5. Trial
    6. Defendants found guilty
    7. Defense files an immediate appeal and a stay of sentence because they still feel like their clients are protected by precedent
    8. Repeat until Supreme Court gets a writ of certiorari asking them to take up the appeal
    9. If SCOTUS accepts the case, they will decide if A) the defense IS actually protected by precedent in this scenario B) whether previous precedent is constitutional and C) the ultimate fates of the defendents 9.1 If SCOTUS does not take up the case, the lower court’s decisions are affirmed and that becomes legal precedent.

    Is that a probably series of events? Obviously the suit being allowed to continue and the defendents being found guilty are huge assumptions, but, assuming they come to pass, am I on the right track here?



  • Blackgate.com - the remnants of Black Gate magazine, which was published from 2000-2011 and then continued in digital form since. It focuses primarily on vintage literary fantasy, though occasionally the an article will be published in films or new fiction. Of particular note to nerds is the Cinema of Swords column by Lawrence Ellsworth, who fantasy fans may be familiar with as the Principal Narrative Designer for Baldur’s Gate 3. I’m not so immersed in the fantasy world that I understand most of what is discussed on the blog, but it is a nice taste of the old Internet, one which might resonate with other fediverse users.





  • I disagree with your assessment that far right and populist descriptors are opposites. Admittedly, there’s a degree of subjectivity in definitions here, but my understanding is that conventional scholarship has coalesced around a definition of Populism that is agnostic of the left/right spectrum.

    For example, this journal article from 2012 defines it as “a thin-centered ideology that considers society to be ultimately separated into two homogeneous and antagonistic groups, the ‘pure people’ versus the ‘corrupt elite’, and which argues that politics should be an expression of the general will of the people”.

    If you care to read a little more, the authors break down their definition into it’s constituent pieces and provide context, but the important piece is that you can see how populism can come from both the left and the right.

    As examples, we can look at, say, the Occupy Wall Street movement from a while back. Very much spawned from left leaning ideology, but it’s defining feature was casting the “corrupt elite” (in this case, the fabulously wealthy) against the general people (i.e. the 99%). On the other side of the coin we can look at Donald Trump’s MAGA movement. The image he wants to cultivate is that of an outsider, someone not tainted by the corruption of the Washington elite. That resonates with a sunset of the population.

    Both of these movements have radically different goals and politics, but the framework of those arguments follows the same general template.

    I apologize for the US-centric examples, but that’s what I know. As consolation, the article I linked to is specifically a comparative study of European vs Latin American populism.