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How The Administrative State Is Disputing Your Right To A Jury Trial
Episode # 66
Today on Legalese we are doing a deep dive into the pending Supreme Court Case SEC v Jarkesy. This case was one included in my Supreme Court Roundup video from October 2023, which included a very brief summary of the case and reviewed the Question Presented.
Today we will be giving this case the comprehensive attention it deserves as what I believe may be the most interesting and important Supreme Court case in my annual case roundup. The Court is being asked to either reaffirm or vacate a decision by the Fifth Circuit Court Of Appeals that found an internal SEC case brought against George Jarkesy as unconstitutional on three separate grounds.
First, it deprived Jarkesy of his Seventh Amendment right to a trial by jury.
Second, it violated the Non-Delegation Doctrine.
Third, it violates the "Take Care" clause of Article II because the President is powerless to remove an Administrative Law Judge, such as the judge that ruled against Jarkesy.
Today we take a deep dive into the administrative state, the Fifth Circuit decision, we review the oral arguments from this case before the Supreme Court and I debunk the scare-mongering untruths that are spreading by way of the corporate media and the Washington DC political class.
Show Notes Page: How The Administrative State Is Disputing Your Right To A Jury Trial - https://constitutionallaw.substack.com/p/show-notes-how-the-administrative
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
40
views
Moore Money, Moore Problems
Episode # 65
Today on Legalese, we are discussing the case Moore v United States. This case, which was part of my 2023 Supreme Court Roundup was argued before the Court on December 5th, 2023.
There is a lot of new information that can be gleaned about this case from those arguments and so this video will be a summary of those arguments. Looking at the key issues raised and making some fairly certain predictions about the outcome of this case.
Show Notes Page for This Episode - https://constitutionallaw.substack.com/p/moore-money-moore-problems-4f0
Go Read my Article about Moore v United States that I mention at the top of my video: https://constitutionallaw.substack.com/p/moore-money-moore-problems-183
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
17
views
History Of Qualified Immunity
Episode # 64
Today on Legalese we are talking about the history of the qualified immunity doctrine.
We do a deep dive into constitutional law and common law to show just how ahistorical this doctrine is, having been invented out of nothing by the Supreme Court in the 1980’s.
Show Notes Page For "History Of Qualified Immunity" - https://constitutionallaw.substack.com/p/show-notes-history-of-qualified-immunity
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
20
views
Qualified Immunity Turns Against Police (Blue On Blue Violence)
Episode # 63
Today on Legalese we will be discussing two truly outrageous cases in which cops were granted qualified immunity.
The first is a unique example of what I call "Blue on blue violence"; a term I coined to describe incidents in which police officers are both preparator and victim.
The second is a shocking example of a citizen who did, quite literally, nothing wrong and yet found himself being followed home by a truly deranged sociopath who not only followed him all the way home, where he would proceed to assault this man right in his driveway... Only to find out this deranged sociopath turned out to be an off-duty police officer who would also be granted qualified immunity.
Show Notes Page For # 63 "Qualified Immunity Turns On Police"
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
31
views
What The Hell Is Progressive Originalism?
Episode #61
Today on Legalese we will be discussing the judicial philosophy of Progressive Originalism. What is it, what isn't it, how does it work and to what ends? Plus how does it compare with the other more common forms of Originalist judicial interpretation such as original public meaning or textualism?
Also we will be talking about the first Progressive Originalist on the Supreme Court. That is of course the Junior Associate Justice Ketanji Brown Jackson.
I will be discussing some likely surprising reasons Ketanji Brown Jackson has the potential to become one of the most influential justices on the high court and why that's not necessarily a bad thing!
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
20
views
Myths Of Federal Supremacy
Episode #60
Today on Legalese we will be taking on several constitutional myths and misconceptions related to Congress, criminal law, state and federal jurisdiction and the great myth of federal supremacy.
Show Notes Page for Episode #60 - The Myth Of Federal Supremacy: https://constitutionallaw.substack.com/p/show-notes-episode-60
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
25
views
SCOTUS Roundup 2023 - Gun Rights & The Second Amendment
Episode #62
Today on Legalese we will be discussing three cases going before the Supreme Court this term that are centered on gun rights and the second amendment. Two are new cases that the Court just recently granted cert on last week. Garland v Cargill and National Rife Association v Vullo. The third case is revisiting a case we already discussed in my first roundup video on October 2nd 2023. This is United States v Rahimi. The Court heard oral arguments in the case on November 7th. I have a hell of a lot to say about it and we can make a fairly confident prediction about the outcome of this case.
Join me Thursday November 16th 2023
Thursday Freedom Hub Group -
Homepage - https://your-mp.com/
Subscription Page for Zoom Webinar - https://your-mp.com/subscribe/
Show Notes for SCOTUS Roundup Gun Rights & 2A - https://constitutionallaw.substack.com/p/show-notes-scotus-roundup-gun-rights
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
25
views
Major Supreme Court Update
Episode #59
Today on Legalese we will be discussing a major update to the Supreme Court's 2023 term. Earlier today the Court chose to grant cert on two big cases that offer a serious challenge to the doctrines of Chevron Deference and Qualified Immunity.
In Relentless Inc. v Chamber Of Commerce we have a nearly identical case to the Loper Bright case the Court agreed to review back in May. Just like Loper, this case directly asks the Court to overturn Chevron Deference and revolves around a provision in the Magnuson-Stevens Act that supposedly coerces fishing vessels to not only to carry two federal officers onboard their boat AND pay those bureaucrats salary.
One major difference is that, unlike Loper Bright, Justice Ketanji Brown Jackson will not be recusing herself from the case, allowing the full court to weigh in on this challenge to Chevron Deference.
In Gonzalez v. Trevino, the justices agreed to decide what kinds of evidence will meet the exception outlined in 2019’s Nieves v Bartlett.
In Nieves v. Bartlett, this Court held that probable cause does not bar a retaliatory arrest claim against a “police officer” when a plaintiff shows “that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.”
The question before the Court is whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened.
On This episode we will discuss the backgrounds and facts of these two cases.
Show Notes Page For This Episode - https://constitutionallaw.substack.com/p/episode-59-major-supreme-court-update
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
152
views
Supreme Court Roundup 2023
Episode #58
Today I Legalese I will be discussing the cases that I will be covering in depth during the coming Supreme Court term for 2023-2024
Show Note Page for "Supreme Court Roundup 2023-2024 Term" - https://constitutionallaw.substack.com/p/episode-58-supreme-court-roundup
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
►00:00 Introduction
►05:00 Dominance of First Amendment Cases
►05:36 Social Media & State Law
►06:30 Moody v Netchoice LLC
►08:55 Netchoice LLC v Paxton
►10:40 Social Media, State Action & The First Amendment
►12:55 O'Conner-Ratcliff v Garnier
►14:15 Lindke v Freed
►14:42 Vidal v Elster
►16:05 Devillier v Texas
►17:45 Loper Bright Enterprises v Raimondo
►24:10 SEC v Jarkesy
►30:42 Moore v United States
►33:55 United States v Rahimi
►36:55 Conclusion
39
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Ultimate Constitutional Law Guide To Unprotected Speech
Episode #57
Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment:
Intro
Incitement
True Threats
Fighting Words
Defamation
Obscenity
Fraud and Perjury
Speech Integral To Criminal Conduct
Show Notes Page For This Episode
This episode was created to be the ultimate guide to unprotected speech within our modern legal framework according to the First Amendment's protections of speech, expression and conduct.
There are a great deal of misconceptions and misinterpretations of what classes or categories of speech fall outside the bounds of first amendment protection. In order to minimize, if not wholly eliminate the common causes of such misunderstandings and misinterpretations, I have done my best to excise any discussion that relies on contested claims or personal opinions, including my own.
We look specifically and comprehensively at those categories of unprotected speech in constitutional law which the courts have concluded to be well-established exceptions. We look at the landmark cases that have established these categories and derive definitions, principles, doctrines and legal tests through a textual analysis of the controlling opinions of the court to provide everyone the information they would need to successfully defend their individual rights of free speech, expression and conduct within our existing legal and constitutional framework.
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Contact Me - Bob@legaleseshow.com
Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
00:00 Intro
11:42 Incitement
14:57 True Threats
21:08 Fighting Words
35:05 Obscenity
36:34 Defamation
37:51 Fraud and Perjury
38:55 Speech Integral To Criminal Conduct
39:29 What of Hate Speech?
45:57 Outro
46:18 Closing Announcement/Question
37
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Federal Court Smacks Down Civil Asset Forfeiture
Episode #56
Today on Legalese we will be discussing a recent case out of the Sixth Circuit - 'Ingram v Wayne County' in which the Court held that when a car is seized under civil asset forfeiture, the owner has a constitutional right to a hearing within two weeks of the seizure.
On top of that encouraging majority opinion, we also discuss the concurring opinion filed in this case by prominent conservative jurist Judge Amul Thapar that takes an even more striking and encouraging position.
Show Notes Page "Sixth Circuit Smacks Down Civil Asset Forfeiture" - https://constitutionallaw.substack.com/p/episode-56-sixth-circuit-smacks-down
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
36
views
First Amendment Beats Police Defendants
Episode #55
Today on Legalese we look at two recent cases that pit private citizens and the First Amendment against qualified immunity and police officers who believe themselves to be above the law.
In Jordan v Adam's County Sheriff's Office a man was arrested for criticizing two shitty cops who got very upset when their inflated sense of authority was questioned.
In Bailey v Iles we find a man whose only "crime" was to post a joke on Facebook. Which was considered enough of a crime by the Rapides Parish Police Department in Louisiana to send a SWAT team to arrest him and charge him with violating a state anti-terrorism law.
In both cases the Tenth Circuit and Fifth Circuit Courts of Appeals (respectively) would find in favor of these two citizens while holding the actions of these police to be so unreasonable these officers would not be allowed to cower behind claims of qualified immunity.
Show Notes Page for "First Amendment Beats Police Defendants" - https://constitutionallaw.substack.com/p/episode-55-first-amendment-beats
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
24
views
Supreme Court Solves Racisms In Affirmative Action Case
Episode #52
Today on Legalese we will be discussing the Supreme Court's landmark equal protection clause case dealing with the constitutionality of racially biased admissions discrimination policies on both public and private universities.
The case: Students For Fair Admission v Harvard effectively puts an end to affirmative action in college admissions in accordance with Title VI of the Civil Rights Act of 1964 in it's opinion that the affirmative action policies fail the strict scrutiny standard in every regard.
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
26
views
Haaland v Brakeen: Supreme Court Landmark Indian Commerce Clause Case
Episode #51
Today on Legalese we have another video in my Supreme Court Wrap-Up. We discuss Haaland v Brackeen (2023). A landmark Indian Commerce Clause case that sought to challenge the constitutionality of the Indian Child Welfare Act of 1978.
Show Notes Page For This Episode - https://constitutionallaw.substack.com/p/haaland-v-brackeen-599-us-___-2023
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
27
views
Supreme Court Wrap Up: Opinion Of The Court On Big Tech & Big Terror
This is the first video in my annual Supreme Court Wrap Up. Today we will be revisiting a pair of cases from my Supreme Court Roundup last fall. These cases are
"Twitter v Taamneh" and
"Gonzalez v Google."
The Supreme Court handed down two unanimous opinions on May 18th 2023 for both cases stating that the claims against Twitter & Google in regards to the Anti-Terrorism Act §2333 and the Communications and Decency Act §230 do not amount to "aiding and abetting" in a manner that would make these platforms liable for damages following a terrorist attack.
SHOW NOTES PAGE FOR THIS EPISODE - https://constitutionallaw.substack.com/p/supreme-court-wrap-up-on-big-tech?r=jkc76
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
31
views
Biden Beclowns Himself Over The Debt Limit
Episode #49
Today On Legalese we are talking about the ridiculous arguments coming from Washington that suggest the debt limit is unconstitutional and that the 14th amendment authorizes the President to circumvent the Constitution and laws of the United States to pay off the US debts to avoid default.
Show Notes Page For This Episode - https://constitutionallaw.substack.com/p/biden-beclowns-himself-on-the-debt
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
25
views
Old Lady Makes Minnesota Take It Good & Hard - Court Delivers Big Win For Property Rights
Episode #44
Today on Legalese we return to a case I discussed last January about Home Equity Theft and the Supreme Court case challenging its constitutionality.
Yesterday the Supreme Court issued its unanimous opinion yesterday morning enjoining cases of Home Equity Theft. We will be talking about Tyler v Hennepin County, why and how the Supreme Court ruled in favor of the Plaintiff, Geraldine Tyler and what some of the likely ramifications of this decision will be when it comes to the government and Takings Clause liabilities.
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
19
views
Justice Gorsuch On the Importance of Civil Liberties & the Dangers of Emergency Powers
Today on Legalese, we are going to be looking at a statement put out by Associate Justice Neil Gorsuch as part of the Court's procedural decision in the recent case of Arizona v Mayorkas. This decision dealt with the abuse of civil liberties under emergency powers, specifically through the usurpation of the so-called "Title 42 Emergency Orders" that were issued to help prevent the spread of Covid-19, that were usurped by several different state governments and federal administrative agencies for their own designs. Trying to keep these emergency powers in place indefinitely because of a new imagined crisis that they were never meant to apply to.
Read the full procedural order here - https://www.supremecourt.gov/opinions/22pdf/22-592_5hd5.pdf
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
13
views
Do The Supreme Court's Actions Constitute An Attack On Democracy?
Today On Legalese we have the second video in my series about the Supreme Court's upcoming case that will reconsider chevron deference. Do their actions constitute some kind of usurpation of power and are they an attack on democracy itself? We discuss this while debunking an article from Vox that claims both of those things are correct. We also look at the real history of administrative law in regards to Chevron Deference
Episode 43 "Do The Supreme Court's Actions Constitute An Attack On Democracy?"
Show Notes Page - https://constitutionallaw.substack.com/p/ep-43-do-the-supreme-courts-actions
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30
views
Did The Supreme Court Just Declare War On All Federal Regulation?
Today on Legalese, we will be discussing the Supreme Court's grant for judicial review on the case Loper Bright Enterprises v. Raimondo. This case is controversial because of the distinct (though highly unlikely) possibility that it may see Chevron Deference overruled entirely.
Chevron Deference is perhaps the most prolific legal doctrine in the whole of administrative law. This doctrine arose from a landmark Supreme Court case known as:
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837.
Chevron was a landmark case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers.
We have discussed the Chevron case here on the show before as well as it's doctrine of Chevron Deference.
This case is again worth discussing because for Chevron Deference supporters and detractors alike are both being sold two very different, but equally fallacious narratives about what the potential outcome of this case may be and the impact that they claim it will have on the entire system of federal regulations nd administrative law.
Today's episode is the first of two I will be putting out about this case. Today's video will focus on the background information needed to understand the Loper Bright case as a matter of law.
The second video, which will be released tomorrow will be taking a look at one article from the conservative mainstream media and one article from the progressive mainstream media to understand how political actors are using this case to manipulate and misinform the public at large (whether this is being done intentionally, or is the result of innocent ignorance, I cannot say... but perhaps that doesn't matter.)
Either way we will be looking at the potential motives and goals of using the law as a weapon to further a political agenda.
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
170
views
Ninth Amendment: Meaning and Scope
Today on Legalese we are talking about the meaning and scope of the Ninth Amendment, What did this amendment mean to the framers and ratifiers who gave the bill of rights legal force? What role has it played in Constitutional law and case precedent? What does it mean in our own time and how is it applied today? And could this amendment be the most important sentence in the entire Constitution?
The Negative-Implications Canon Excerpt from Reading Law by: Justice Antonin Scalia & Brian Garner - https://open.substack.com/pub/constitutionallaw/p/negative-implications-canon?r=jkc76&utm_campaign=post&utm_medium=web
The Ninth Amendment: It Means What It Says
- https://scholarship.law.georgetown.edu/facpub/842/
A Textual-Historical Theory of the Ninth Amendment - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=953008
The Lost Original Meaning of the Ninth Amendment - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=613621
The Intersection of Natural Rights and Positive Constitutional Law - https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2263&context=facpub
►00:00 Introduction
►02:10 Special Announcement
►06:03 Original Meaning of the Ninth Amendment
►12:38 Great Debate Over The Need For A Bill Of Rights
►23:30 Modern Meaning of the Ninth Amendment
►25:00 Constitutional law and legal precedent
►37:00 Is the Ninth Amendment the most important sentence in the Constitution
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
25
views
NH Police Beclown Themselves Following World's Dumbest Arrest
Today on Legalese, we continue my ongoing series "Ignorance of the Law" where I expose the fact that while politicians and police are often quick to tell people ignorance of the law is not an excuse for breaking the law, it's often an excuse for making and enforcing the law.
We discuss the North Hampton, New Hampshire police department, where several officers and the police chief beclowned themselves following an especially absurd arrest.
But this incident is only the latest in a disturbing trend of North Hampton police officers overstepping their prerogative to the extreme.
Original Source:
"North Hampton Chief Leaves After Investigation Into Questionable Arrest"
https://nhjournal.com/north-hampton-chief-leaves-after-investigation-into-questionable-arrest/
By: Damien Fisher
Published by: NHJournal
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
44
views
Muhammad Ali: The Trial
Today on Legalese we have part two on my series about the trial of Muhammad Ali. In part one we discussed what it means to be a conscientious objector in accordance with American text, history and tradition. We also looked at the basic narrative of Ali's famous fight to get a conscientious objector exemption in accordance with his religious beliefs. Today we dive into the judicial history and do a deep dive legal analysis of the civil and criminal trials Ali faced on account of this personal conviction.
Clay v. United States - https://en.wikipedia.org/wiki/Clay_v._United_States
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
45
views
The Police Have No Duty To Protect You
Today on Legalese, we discuss a very disappointing video from one of my favorite YouTube political commentators, The Actual Justice Warrior. Somehow this normally stellar YouTuber got it in his head that the police having no duty to protect you is a complete myth.
He is embarrassingly wrong in that he not only relies on 2 cases as his evidence that have absolutely nothing to do with the supposed topic of his video...
But somehow this expert in criminal justice has absolutely no idea what the Police Powers are & has never heard of the public duty doctrine. So I made this video to correct the record and irrefutably prove the police have no duty to protect you.
Actual Justice Warrior YouTube Channel - https://www.youtube.com/@ActualJusticeWarrior
Do Police Have A Duty To Protect You? (Full Video) - https://www.youtube.com/watch?v=VO3RIp4iQWs&t=178s
Police Powers - https://www.law.cornell.edu/wex/police_powers
Police Powers in Con L:aw - https://en.wikipedia.org/wiki/Police_power_(United_States_constitutional_law)
Public Duty Doctrine - https://definitions.uslegal.com/p/public-duty-doctrine/
Warren v. District of Columbia (444 A.2d. 1, D.C. Ct. of Ap. 1981) - https://law.justia.com/cases/district-of-columbia/court-of-appeals/1981/79-6-3.html
Warren v DC - https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
Lozito v New York (Case Brief) - https://decisions.courts.state.ny.us/fcas/fcas_docs/2013JUL/3001010882012002SCIV.pdf
Lozito v New York - https://en.wikipedia.org/wiki/Maksim_Gelman_stabbing_spree#Lozito_v._New_York_City
DeShaney v. Winnebago Cty. DSS, 489 U.S. 189 (1989) - https://supreme.justia.com/cases/federal/us/489/189/
DeShaney v. Winnebago County - https://en.wikipedia.org/wiki/DeShaney_v._Winnebago_County
Castle Rock v. Gonzales, 545 U.S. 748 (2005) - https://supreme.justia.com/cases/federal/us/545/748/
Town of Castle Rock v. Gonzales - https://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales
United States tort law - https://en.wikipedia.org/wiki/United_States_tort_law
Duty Of Care - https://en.wikipedia.org/wiki/Duty_of_care
Maksim Gelman stabbing spree - https://en.wikipedia.org/wiki/Maksim_Gelman_stabbing_spree
42 U.S. Code § 1983 - https://www.law.cornell.edu/uscode/text/42/1983
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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
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Muhammad Ali: Conscientious objector
Today on Legalese is the first of two videos covering the Trial of Muhammad Ali
In this part we focus of the history of Conscientious objection in the United States, get a general overview of the events that unfolded over a period of several years as Muhammad Ali fought what could be seen as his toughest fight ever. Fighting for his right not to go and fight in a war based on his religious convictions. We also discuss some parallels between the Vietnam War and the present war in Ukraine.
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Substack - https://constitutionallaw.substack.com/
Odysee - https://odysee.com/@CategoricalImperatives:a
Youtube - https://www.youtube.com/user/ReverendBob23/
Anchor - https://anchor.fm/legaleseshow
legalese@gmx.us - To contact me for anything from topic requests, suggestions, feedback, to join as a subscriber to the Legalese newsletter or to support the show with a one-time donation or monthly membership.
Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
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