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Oct
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Humans…

Humans are designed bad.  We’ve got these defects that make us much less efficient.  When people get sued, instead of just trying to argue a defense, they’re likely to counter-sue as well.  It’s at least partially for the same reason that I might be able to sell you a toothpick for $5 if I show you a toothpick for $100 first.  Judges even (especially?) succumb to it.  Where a certain action might be struck down if it fails any one of five prongs, you will rarely read an opinion that says, “well, it satisfies these four but it fails this one.”  Nine times out of ten, they’ll argue that it fails every single one and you have to waste your time and figure out which ones are nonsense.  I would give you an example, but I don’t have one in mind and there’s a decent chance that I’m making all this up.

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