OA234: Civil Forfeiture, Berkeley & More!

Today’s deep-dive Tuesday tackles a viral oral argument before the Supreme Court in Timbs v. Indiana regarding civil forfeiture — and a delightful question (that inspired the graphic for the show notes) about whether the state can seize your Bugatti for speeding.  Oh, and we check back in on the Ann Coulter v. Berkeley lawsuit that was recently settled.  What happened?  Listen and find out!

We begin with the Berkeley settlement, and break down exactly what the University did (and didn’t) promise to do going forward.  Is this a “big win” for the right wing?  (Hint: no.)

Then, it’s time to delve deeply into Timbs v. Indiana and discuss the law of civil asset forfeiture, the doctrine of proportionality, and even the concept of incorporation.  Yes, it’s a crazy Civ Pro kinda day.. you won’t want to miss it!

Then, it’s time for a BRAND NEW SEGMENT — “Yodel Mountain Remembers!”  We think you’re gonna love it!

Oh, and we also tackle a terrific listener question about the “apology doctrine” and the nation that made apologies famous — Canada (of course).

After all that, it’s time for the answer to Thomas Takes The Bar Exam #104 regarding government action and the warrant requirement of the Fifth Amendment.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read the Berkeley settlement.
  2. This is a link to the oral argument in Timbs v. Indiana.
  3. Finally, you can check out Maryland’s “apology law,” Maryland Code, Courts and Judicial Proceedings Article, § 10-920(b), by clicking here.
  4. This is the delightfully demented Corsi lawsuit against Mueller,

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

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And email us at openarguments@gmail.com



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OA173: The Foreign Policy Show – Korea, Iran, and… Ann Coulter?

Today’s episode heads overseas to discuss foreign policy; specifically, the Trump administration’s actions with respect to Iran and North and South Korea.  Is there a common thread here?  Listen and find out!

First, though, we update you on the Young America Foundation lawsuit against the University of California at Berkeley regarding Ann Coulter and an (alleged) hidden Secret Evil Cabal Conspiracy to Silence Conservatives.

After that, we crank up the time machine and go back… all the way back to World War II to discuss what happened on the Korean Peninsula that paved the way for the recent Panmunjom Declaration.  If you’ve ever wanted Opening Arguments to go all Ken Burns, well, this is the show for you!

Then, we take a look at the Joint Comprehensive Plan of Action signed in Vienna on July 14, 2015 — or, as Trump calls it, the “terrible Iran deal.”  Is it a terrible deal?  What are the legal ramifications?  We’ve got you covered!

Finally, we end with the answer to Thomas Takes the Bar Exam Question #75 about subsequent oral modifications to contract.  Don’t forget to listen and find out why Andrew would have gotten this question wrong!  Also, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We first discussed the “Ann Coulter” lawsuit during Episode 73; if you want to read the latest ruling, it’s embedded in this article.
  2. Click here to read the Howard Levie law review article from the Akron Law Review, and here to read the final Armistice Agreement (drafted by Levie).
  3. This is the text of the original JCPOA; and click here to read the CFR’s backgrounder on it that was referenced during the show.
  4. If you want the Washington Post‘s fact-checker article on Trump’s statements about the JCPOA showing that virtually everything he’s said is a lie, that’s here.
  5. This is the link that contains the letter written by the Obama Administration to then-Rep. Mike Pompeo describing the JCPOA as a “political document.”
  6. Finally, if you want to read the 1969 Vienna Convention, grab a tall beverage and curl up with it right here.  The actual treaty begins on page 384.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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