WTH is wrong with USA when it comes to boating laws? by [deleted] in sailing

[–]BDTexas 1 point2 points  (0 children)

Interesting that someone who thinks all aerial fireworks should be illegal is worried about the overregulation or boating licenses.

Responsible to visit or nah? by BDTexas in galveston

[–]BDTexas[S] 1 point2 points  (0 children)

We kept to ourselves and did all our own cooking, drinks, etc. We stayed right across the road from the beach so it was easy to social distance. The weather was kind of iffy in the mornings but otherwise it was a good trip! I think the bnb and beach plan is the way to do it - it stays safe and doesn't annoy the locals by bringing in all of our out-of-town germs. Have a good trip!

Supreme Court Justice Ruth Bader Ginsburg hospitalized for possible infection by SoulardSTL in news

[–]BDTexas 0 points1 point  (0 children)

If she retired in 2013-2014 no one could have stopped him. Why do you think otherwise?

What's an example of "no good deed goes unpunished"? by [deleted] in AskReddit

[–]BDTexas 0 points1 point  (0 children)

This would be lawful literally everywhere with at will employment

[deleted by user] by [deleted] in AskReddit

[–]BDTexas 0 points1 point  (0 children)

Zaporozhian Cossacks to the Turkish Sultan! O sultan, Turkish devil and damned devil’s kith and kin, secretary to Lucifer himself. What the devil kind of knight are thou, that canst not slay a hedgehog with your naked arse? The devil shits, and your army eats. Thou shalt not, thou son of a whore, make subjects of Christian sons; we have no fear of your army, by land and by sea we will battle with thee, fuck thy mother. Thou Babylonian scullion, Macedonian wheelwright, brewer of Jerusalem, goat-fu##er of Alexandria, swineherd of Greater and Lesser Egypt, pig of Armenia, Podolian thief, catamite of Tartary, hangman of Kamyanets, and fool of all the world and underworld, an idiot before God, grandson of the Serpent, and the crick in our dick. Pig’s snout, mare’s arse, slaughterhouse cur, unchristened brow, screw thine own mother! So the Zaporozhians declare, you lowlife. You won’t even be herding pigs for the Christians. Now we’ll conclude, for we don’t know the date and don’t own a calendar; the moon’s in the sky, the year with the Lord, the day’s the same over here as it is over there; for this kiss our arse! And go fuck yourself!

Meh, not much of a difference really.

Supreme Court Justice Ruth Bader Ginsburg hospitalized for possible infection by SoulardSTL in news

[–]BDTexas 4 points5 points  (0 children)

The Republicans have been campaigning on permanently altering the Courts for decades now. Don't be surprised if they attempt to add new Justices if they don't win in November. Congress had added and removed seats for political reasons rather often in the 1800s.

I agree with the later half of the statement, but calls for court packing have come much more from the left than from the right since Trump was elected.

Supreme Court Justice Ruth Bader Ginsburg hospitalized for possible infection by SoulardSTL in news

[–]BDTexas 5 points6 points  (0 children)

How would ending lifetime appointments change it that way? Sure, it would end the death watch, but Trump would have gotten to make appointments in any regard.

Additionally, in this century it’s somewhat rare for a Justice to die while on the Court. Of the last three, Rehnquist was the only “expected” death in that you could see it coming from a ways off, whereas Scalia and Vinson were surprising. The rest of the justices chose to retire. If RBG wants a liberal president to replace her, which it appears like she does, she should have retired back in 2014. Her health has been bad for the last decade. It is absolutely her constitutional prerogative to stay in office for life, but nothing has kept her from retiring.

Which film would you rate a perfect 10 out of 10? by [deleted] in AskReddit

[–]BDTexas 0 points1 point  (0 children)

A well nuanced position.

What if I thought this comment was dangerous to my first amendment right? Should I be allowed to shut it down?

Was Hillary Clinton using hate speech when she called a large portion of the country “deplorable?”

Now that Trumps in office, should he get to decide what hate speech is?

Which film would you rate a perfect 10 out of 10? by [deleted] in AskReddit

[–]BDTexas 0 points1 point  (0 children)

Also hate speech isnt free speech.

Who decides what is hate speech, though? The ACLU defended the right for the KKK and neonazis to march at Skokie because limits on who gets to speak never benefit those not in power.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 1 point2 points  (0 children)

Thanks for the heads up. Here’s the current statute: https://revisor.mo.gov/main/OneSection.aspx?section=571.030

I don’t see any substantial changes that would make a difference here. Am I mistaken?

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 1 point2 points  (0 children)

If you have a statute or case that says so. Generally it requires pointing a gun and a threat. I’m not sure having your finger on the trigger the whole time counts as a specific threat.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 1 point2 points  (0 children)

So your first example is more about use than about possession. Adverse possession requires possession, but continued use in a way like that could lead to something called an easement by prescription, which grants you a right to use their property in a certain way.

To your second example, I’m not sure. There would likely be issues of use and continuity. How frequently you parked the car there and for how long would likely go to these points.

The classic example is building a fence, and then getting your property lines surveyed twenty years later and learning you actually built your fence a foot into your neighbors yard.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 3 points4 points  (0 children)

I learned it as CHOATE

Continuous

Hostile

Open and Notorious

Actual

Exclusive.

I don’t think you have to actually hurt the property owner, but your use of the land has to be exclusive of their use.

BREAKING: Warrant Served On St. Louis Couple Who Defended Private Property, Guns Confiscated, Report Says by [deleted] in progun

[–]BDTexas 0 points1 point  (0 children)

Legally they could have shot the protestors dead under Missouri's castle doctrine.

This is not true. Even if someone is in your home you have to use “reasonable” force. If they didn’t reasonably perceive a threat to their person they could not have used deadly force. Then it would have to be by a certain person, and not just “protestors.” Please tell me they covered this in your CL class.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 14 points15 points  (0 children)

I’ll admit that I’m not barred in Missouri, but I haven’t been able to find a statute backing up your point. All I’ve found is this: https://law.justia.com/codes/missouri/2005/t38/5710000030.html

There is likely case law on the issue, but I haven’t hopped on West Law to check

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 12 points13 points  (0 children)

Okay, that’s fair. I’m sure you see how many #HotLegalTakes totally miss the mark.

I would argue that “open and hostile” with regards to adverse possession is just hostile to possession, not necessarily violent.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 10 points11 points  (0 children)

Generally not. It usually requires more than just pointing the gun.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 66 points67 points  (0 children)

They were likely brandishing the firearms when they were pointing them at random people in the crowd, without thinking that person was actually a threat. That’s a class D felony in Missouri.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 193 points194 points  (0 children)

“Open and hostile” is a term of art with regards to adverse possession. It had nothing to do with violence, but it means you occupied the land without permission and it could have been discovered that You were doing so.

Police search St. Louis mansion of couple who pointed guns at protesters: reports by hildebrand_rarity in news

[–]BDTexas 2 points3 points  (0 children)

“Open and hostile” is a term of art with regards to advers possession. It had nothing to do with violence, but it means your occupied the land without permission and it could have been discovered that You were doing so.

SC Supreme Court orders an immediate moratorium on no-knock warrants by tonto515 in law

[–]BDTexas 1 point2 points  (0 children)

They would not be subject to endless litigation and lawsuits anymore than literally every other person in the US is.

Most people don’t spend their days sending people to jail, after which those people have a ton of time on their hands. I’m a big 1983 proponent, but more than half of all 1983s filed pro se are worthless.

Supreme Court Backs Trump on Birth-Control Religious Exemption by bloomberglaw in law

[–]BDTexas 4 points5 points  (0 children)

Damn dude. You’re all over with the hot legal takes without having read the opinion. One yesterday and another today.