m*******a
发帖数: 4507 | 1 下面是从判决书里面节录的factual background. 大家看完再评论也不迟...
Maddin was employed by TransAm as a truck driver. In January 2009, he was
driving a tractor-trailer for TransAm on I-88 in Illinois. At approximately
11:00 p.m., Maddin pulled to the side of the highway because he was unable
to find the TransAm-mandated fuel station and his gas gauge was below empty.
When he attempted to pull back onto the road ten minutes later, he
discovered the brakes on the trailer had locked up because of the frigid
temperatures... 阅读全帖 |
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r*******e
发帖数: 54 | 2 这儿是判决书上列举的事实：
II. Factual Background
Maddin was employed by TransAm as a truck driver. In January 2009, he
was driving a tractor-trailer for TransAm on I-88 in Illinois. At
approximately
11:00 p.m., Maddin pulled to the side of the highway because he was unable
to
find the TransAm-mandated fuel station and his gas gauge was below empty.
When he attempted to pull back onto the road ten minutes later, he
discovered the
brakes on the trailer had locked up because of the frigid temperatures.
Maddin ... 阅读全帖 |
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j****3
发帖数: 2836 | 3 自己好好再读一下，算算前后时间。
Maddin reported the frozen brakes to TransAm at 11:17 p.m. and was
~~~~~~~~~
advised by TransAm’s Road Assist service that a repairperson would be sent
to his location. While waiting for the repair truck, Maddin discovered that
his
auxiliary power unit (“APU” or “bunk heater”) was not working and there
was no heat in the cab of the truck. Maddin eventually fell asleep in the
truck but was awakened at approximately 1:18 a.m. when he... 阅读全帖 |
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m***x
发帖数: 404 | 4 文学城有这个G哥听证会的报道，大家可以看一下：
http://www.wenxuecity.com/news/2017/03/22/6116674.html
关于卡车司机案也提到了：
----------------------
“我的工作是执行法律。
民主党参议员德宾(Richard Durbin)指出，戈萨奇任职第十巡回上诉法院时，在一件卡
车司机案中做出与其他法官不同的异议。该名司机麦丁(Alphonse Maddin)驾驶的卡车
在华氏零下14度的天气中抛锚，他不顾公司要求他留守车内的指令而离开，因此遭开除
，将公司告上法院。
戈萨奇承认这是件困难的案子，“是你会带回家加班的那种”。他认为“恶法亦法”，
即使他认为国会制定的法律不完善，也会遵循。此案他本照法律出发，认为麦丁确有失
职；如果司机认为无法驾驶车辆，应该一开始就拒绝。戈萨奇说：“我的工作不是制定
法律，而是执行法律。””
-----------------------
G哥反复提出并强调，法官的职责是执行法律，不是制定。这点我很赞同。 |
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a******e
发帖数: 6689 | 5 有一部电影，是加拿大怪才Guy Maddin拍的，叫《世界上最悲伤的音乐》。里面有这么
一段： |
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