Go, Read: Jeff Trexler On The Latest Kirby Decisions
Here. The instance-and-expense standard is questioned. There's a lot of back-and-forth in the comments, too. Articles like this tend to focus on what's legally allowable -- which is very newsworthy and very interesting to follow. I do have a hard time digging into such articles, though, because I'm always convinced there's a better way to do things than to find the most favorable legal standing -- or Internet justification -- for doing something that happens to benefit you and then investing as much as you can in seeing that that way of doing things holds sway. It always seems to me that a lot of people look to the courts for best outcomes, and that's not what the courts are there to do except maybe in a potentially broad cultural engineering sense over time. I'm also deeply uncomfortable with summary judgments (the non-legal kind) years after the fact on descriptive elements of something like the issues and elements brought up here, but maybe that's just me. It's all very sad.