The plaintiff relies on the "he who smelt it dealt it" doctrine, while the defendant asserts "he who denied it supplied it." In the interest of comity, we remand to the state court to apply its own rule of decision in determining who ogged in the backseat.
It is for the reason that the question is so important that we must remand. If the doctrine of comity tells us anything, it is that federal courts must not interfere in the development of state law. Each state must be left free to determine its own rules for ogged liability.
In some states, if you ogg, you are a doornob, and in other states, ogging is grounds for a dutch oven. That is what makes federalism so grand.
that is a minority position, whereas the more elegant "he who abjured it procured it" is the rule in the majority of states, and as noted in the Restatements, creates the proper incentives for all parties.
Yet another constitutional matter that Judge Roberts gave no clear opinion of (though, off the record, most Democrats did concede that Kennedy was the probable source of the first day's ogg).
But in a memo from 1983, he tipped his hat on the issue, writing: "at the time of ratification, the founders determined the origns of an ogg by each waiving their wigs in the air, in a circular motion. After ten minutes, the seat where the stink was greatest was known as the 'seat of ogg' and the sitter of that seat was paddled by all in attendance with a long, varnished oak paddle, until satisfaction was thereby gained. I prefer that rule."
I want smart kids. But docile teenagers. probably I'll just get a dog.
Posted by text | Link to this comment | 09-26-05 1:33 PM
I find that whole sequence delightful, and will remember to teach my kids to use "gas" as the verb form for farting.
I guess you would expect no less from the off-spring of Judd Apatow.
Posted by text | Link to this comment | 09-26-05 1:35 PM
For Ogging!
Posted by Matt Weiner | Link to this comment | 09-26-05 1:52 PM
I've been ogging in my office all afternoon.
A: Do you smell bread?
B: Oh, that's the worst ogg I've smelt in 12 years. Stick your arse out the window!
Posted by text | Link to this comment | 09-26-05 1:54 PM
Didn't I unban that word in the interest of comity? Is this how you repay me?
Posted by ogged | Link to this comment | 09-26-05 1:54 PM
My dog is somewhat dense, and I'm ecstatic about it.
Posted by ptm | Link to this comment | 09-26-05 1:54 PM
I beg your pardon. From now on, when I mean 'fart' I will say 'fart'.
Posted by Matt Weiner | Link to this comment | 09-26-05 1:57 PM
How does comity fit into this?
The plaintiff relies on the "he who smelt it dealt it" doctrine, while the defendant asserts "he who denied it supplied it." In the interest of comity, we remand to the state court to apply its own rule of decision in determining who ogged in the backseat.
Posted by text | Link to this comment | 09-26-05 1:57 PM
I will say "ogged." This court lacks jurisdiction to tell me otherwise.
Posted by text | Link to this comment | 09-26-05 1:58 PM
text, you would think that the court would be willing to decide a question of law in a matter as important as this.
Posted by silvana | Link to this comment | 09-26-05 2:10 PM
It is for the reason that the question is so important that we must remand. If the doctrine of comity tells us anything, it is that federal courts must not interfere in the development of state law. Each state must be left free to determine its own rules for ogged liability.
In some states, if you ogg, you are a doornob, and in other states, ogging is grounds for a dutch oven. That is what makes federalism so grand.
Posted by text | Link to this comment | 09-26-05 2:29 PM
He who said it let it.
Posted by Tripp | Link to this comment | 09-26-05 2:54 PM
Oh, and who names their kid "Maude?"
She better be smart.
Posted by Tripp | Link to this comment | 09-26-05 2:56 PM
that is a minority position, whereas the more elegant "he who abjured it procured it" is the rule in the majority of states, and as noted in the Restatements, creates the proper incentives for all parties.
Posted by text | Link to this comment | 09-26-05 3:01 PM
Yet another constitutional matter that Judge Roberts gave no clear opinion of (though, off the record, most Democrats did concede that Kennedy was the probable source of the first day's ogg).
Posted by Mo MacArbie | Link to this comment | 09-26-05 3:18 PM
But in a memo from 1983, he tipped his hat on the issue, writing: "at the time of ratification, the founders determined the origns of an ogg by each waiving their wigs in the air, in a circular motion. After ten minutes, the seat where the stink was greatest was known as the 'seat of ogg' and the sitter of that seat was paddled by all in attendance with a long, varnished oak paddle, until satisfaction was thereby gained. I prefer that rule."
Posted by text | Link to this comment | 09-26-05 3:36 PM
Isn't that why Burr shot Hamilton? "I take umbrage to this vicious slur that I have dealt it. Pistols at dawn!"
Posted by Mo MacArbie | Link to this comment | 09-26-05 3:44 PM
ogging cost many a gentleman his life in the duels of honor era.
not to mention the wild west.
Posted by text | Link to this comment | 09-26-05 3:48 PM
Some really smart kids tone it down so they don't attract too much attention. You could go for that type.
Posted by Gaijin Biker | Link to this comment | 09-26-05 7:17 PM
"...Barney had only one expression."
Mobius Syndrome, congenital facial diplegia, or congenital paralysis of multiple cranial nerves, usually the 6th, abducens, and the 7th, facial.
characterized by the absence of facial expression and the inability to smile.
Also, Parkinson's leads to a "mask-like" facies
Posted by rich | Link to this comment | 09-27-05 12:26 AM
Parkinson's leads to a "mask-like" facies
You spelled feces wrong.
Posted by apostropher | Link to this comment | 09-27-05 7:21 AM
No no no. It's faeces, apo. faeces.
Posted by pdf23ds | Link to this comment | 09-27-05 12:54 PM
Y'know, I had that first because it was closer to the original spelling, but not being British, it felt like I was putting on airs.
Posted by apostropher | Link to this comment | 09-27-05 1:02 PM
A seventeenth century poem on ogging in the legislature. (Via Harper's Magazine.)
Posted by oceanic | Link to this comment | 09-28-05 3:31 PM
Great post! I'm looking forward for more. when Tournament is Mistery it will Compute Pair: http://www.thenewstribune.com/ , Full is feature of Curious Girl when Cosmos Double Cosmos Con , Corner can Double Player when Opponents is Round it will Con Plane
Posted by Jose Taylor | Link to this comment | 12- 6-05 6:24 AM