What strikes me most about this interpretation of Justice Brewer's career is he seemed to do as much as he could to backtrack without ever admitting he was wrong.
For one semester of our law school Contracts class, we had an 'education' in Game Theory. Our professor did what he could to explain to the imbecilic 99% of the class that he was smarter than us. No doubt he was.
One of the other students in our class had studied Game Theory in undergrad. He told me of a judge who, upon learning that his dick-da or otherwise was being used as an exercise in Game Theory, admitted that his judgement relied solely on one of the parties bribing him to find in that party's favour.
If that is true, one can't rely on any judgement used to support Game Theory, or even Chaos Theory.
Game theory generally treats questions in which rational individuals make choices with known payoffs. Chaos theory is used where deterministic computations break down.
https://www.quora.com/What-are-game-theory-and-chaos-theory
Similarly, if the DC Kangaroo Court can overrule any judgement in America, how can one say there is a single independent j(J)ustice in America?
