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adamwinkler's profile
Adam Winkler
Adam Winkler
Adam Winkler
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@adamwinkler

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Adam WinklerVerified account

@adamwinkler

Professor @UCLA_Law specializing in constitutional law, Supreme Court, 2d Amendment. Author of We the Corporations (National Book Award finalist) & Gunfight.

Los Angeles, CA
law.ucla.edu/faculty/facult…
Joined February 2010

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    Adam Winkler‏Verified account @adamwinkler Feb 10

    Adam Winkler Retweeted *The* Editorial Board

    Is this right? The legal questions should be decided on the merits, regardless of the quality of the lawyers presenting the arguments. A bad advocate with a meritorious case should win. It’s not a sporting competition where whoever scored the most points wins.https://twitter.com/johnastoehr/status/1359579803582484480 …

    Adam Winkler added,

    *The* Editorial Board @johnastoehr
    15. A smart person whose mind is truly open to the world could conclude the prosecution was good while the defense was bad, the result being victory for the prosecution. That was Bill Cassidy’s thinking.
    Show this thread
    11:14 AM - 10 Feb 2021
    • 3 Retweets
    • 26 Likes
    • Behr'sHappy Paul Kempf The Infrastructure Handle 🇺🇸 TwitTolu Alix B 💙 DrNatJ Daniel Hopkins RG Williams Jason Oh
    12 replies 3 retweets 26 likes
      1. Main Street Muse‏ @MainStreetMuse Feb 10
        Replying to @adamwinkler

        Trump's lawyers are not arguing the merits. They are arguing he should not be tried at all.

        0 replies 0 retweets 2 likes
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      1. *The* Editorial Board‏ @johnastoehr Feb 10
        Replying to @adamwinkler

        I don't think we are in disagreement. I didn't mean morally good or bad. I mean good and bad arguments/deliveries.

        0 replies 0 retweets 4 likes
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      1. New conversation
      2. Steven Schechter‏ @StevenSchechter Feb 10
        Replying to @adamwinkler

        But if the advocate with the meritorious argument can’t articulate it in a way that others can understand, then the other argument might hold sway. Not bc it was “better” or “worse,” but less persuasive.

        2 replies 2 retweets 9 likes
      3. Steven Schechter‏ @StevenSchechter Feb 10
        Replying to @StevenSchechter @adamwinkler

        And anyway, in this instance, it’s not as if there was really an open constitutional question. Just a pretend one to avoid discussing the merits.

        0 replies 1 retweet 10 likes
      4. End of conversation
      1. New conversation
      2. Judy  🇺🇸  ☮️‏ @Judyb4691 Feb 10
        Replying to @adamwinkler

        That only works if the bad advocate can clearly and coherently present the meritorious facts. If they bungle it, it remains unavailable to the jury.

        2 replies 0 retweets 4 likes
      3. Show replies
      1. New conversation
      2. Mike Wasylik‏ @MikeWas Feb 10
        Replying to @adamwinkler

        “bad advocates” often lack a meritorious case because they don’t know how to build it. Advocacy is far more than mere presentation.

        1 reply 0 retweets 2 likes
      3. Mike Wasylik‏ @MikeWas Feb 10
        Replying to @MikeWas @adamwinkler

        Also, that’s not how persuasion works with human beings.

        0 replies 0 retweets 2 likes
      4. End of conversation
      1. Adam Bradley‏ @mradambradley Feb 10
        Replying to @adamwinkler

        Still (and IANAL) but i imagine it’s gotta be easier to be a good advocate when your case is meritorious.

        0 replies 0 retweets 1 like
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      1. Pacific‏ @LifeWithoutLack Feb 10
        Replying to @adamwinkler

        But how can you know it’s a good case if the advocate is so bad that they don’t present evidence?! The jury can’t say “well we know - independent of the lawyers’ presentation - who should win, so we will vote that way.”

        0 replies 0 retweets 2 likes
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