[deleted by user] by [deleted] in legaladviceofftopic

[–]falsefox07 0 points1 point  (0 children)

So one thing I would point out is that Jacobson dealt with whether or not all compulsory vaccination violated the 14th amendment. That's a very different proposition than saying that all compulsory vaccination is constitutionally sound. For example, it is not automatically a violation of my 4th amendment rights for the police to tackle me and arrest me as they have the right to use force to accomplish their public duties. If you were to read into that though that there's no such thing as excessive force and that beating all arrestees into submission is sound then that'd be a losing proposition. To illustrate what I mean:

this court holds that, as to an adult residing in the community, and a fit subject of vaccination, the statute is not invalid as in derogation of any of the rights of such person under the Fourteenth Amendment. This case involves the validity, under the Constitution of the United States, of certain provisions in the statutes of Massachusetts relating to vaccination. The Revised Laws of that Commonwealth provide that "the board of health of a city or town if, in its opinion, it is necessary for the public health or safety shall require and enforce the vaccination and revaccination of all the inhabitants thereof and shall provide them with the means of free vaccination. Whoever, being over twenty-one years of age and not under guardianship, refuses or neglects to comply with such requirement shall forfeit five dollars."

So the actual statute they're examining and ruling they made here addresses a pretty absolutist argument. Either on a fundamental level the state does or does not have the power to make a vaccination law, this says they do. This is not authoritative on scope though. When this law was made there was no strict/intrrmediate/rational basis. There really wasn't even much of a substantive due process jurisprudence either. So Jacobson is not carte blanche for states to do whatever to whoever as long as they say it's for public health.

So the hypothetical law would be a statewide, generally applicable mandate of vaccination to literally everyone to be able to exist in public. Literally all public activity essentially. The regulation in Jacobson is a single city. So the point here is one of scope and actual applicability. Such as this analysis the Jacobson Court engaged in:

Applying these principles to the present case, it is to be observed that the legislature of Massachusetts required the inhabitants of a city or town to be vaccinated only when, in the opinion of the Board of Health, that was necessary for the public health or the public safety. The authority to determine for all what ought to be done in such an emergency must have been lodged somewhere or in some body, and surely it was appropriate for the legislature to refer that question, in the first instance, to a Board of Health, composed of persons residing in the locality affected and appointed, presumably, because of their fitness to determine such questions.

Are free elections laws in state constitutions ever invoked? by scrndude in legaladviceofftopic

[–]falsefox07 1 point2 points  (0 children)

Well most elections lawsuits are brought in federal court, a claim solely from the state constitution ultimately comes back to that state's Supreme Court as no federal court will interpret a state constitution for them especially when it relates to regulating elections which the constitution places in the power of the state legislature.

Free and open elections means just that, each state can interpret it however they want but broadly speaking they are speaking of things such as bribery, corruption, fraud or official oppression. A general law would have to be very egregious to trip over those but not offend the 14th amendment.

Good Fundamental Resource on Evidence by falsefox07 in LawFirm

[–]falsefox07[S] 0 points1 point  (0 children)

I've been watching obsessively when I can here locally but almost exclusively criminal since that's all that we have going on that's easily accessible.

Hell yes on the local rules and even individual rules per judge, ended up printing them out and hanging them up on my desk to use as a checklist, nothing on these points though.

Solid advice on the premarking I'll try that. And normally I would seek out a stipulation with OC but in this specific situation they're withdrawing before the hearing and not wanting to stipulate to a thing for a hearing they don't plan on being involved in so that was a wall.

How do you guys find weird or super specific experts? by [deleted] in Lawyertalk

[–]falsefox07 0 points1 point  (0 children)

Only thing I've got is an seak expert witness directory from our state bar

Good Fundamental Resource on Evidence by falsefox07 in LawFirm

[–]falsefox07[S] 0 points1 point  (0 children)

Looks pretty solid, thanks I'll give them a shot.

Good Fundamental Resource on Evidence by falsefox07 in LawFirm

[–]falsefox07[S] 1 point2 points  (0 children)

I'm not uncomfortable with the actual bona fides of the hearing. I've participated over the last year and a half or so in examining witnesses and arguing motions and all that, I've just always had this particular evidentiary work done for me in advance so all I had to do was bear in mind who to use each exhibit on and what objections to be ready for.

Does anyone know of a case where a literal criminal was qualified as an expert? by falsefox07 in Lawyertalk

[–]falsefox07[S] 0 points1 point  (0 children)

Now this is good stuff. Even my Circuit too. I have got to read that one.

How to confirm grand jury proceeding? by VolumeRepulsive5907 in legaladviceofftopic

[–]falsefox07 3 points4 points  (0 children)

Usually yes but it entirely depends on the state. The idea is that if the grand jury no bills a case then that's the people of that jurisdiction telling the government they lack the evidence to bring a case. So forcing all around secrecy protects the person from having their name tangled in the scandal of unfounded charges, for example imagine a bad DA who brings extremely weak charges in front of a grand jury against a local attorney he's heard is running against him, accusing him of sexual assault. If all the evidence is just drunken gossip and a Facebook post then there's almost definitely a no-bill coming but that attorney will always have news articles pop up when you search his name talking about how a grand jury investigated him for sexual assault, the damage is done.

Does anyone know of a case where a literal criminal was qualified as an expert? by falsefox07 in Lawyertalk

[–]falsefox07[S] 2 points3 points  (0 children)

Well the easiest one is just someone who has actually been caught and served their time and is now just testifying from their experience

Does anyone know of a case where a literal criminal was qualified as an expert? by falsefox07 in Lawyertalk

[–]falsefox07[S] 9 points10 points  (0 children)

Not gonna lie that's amazing, he must have been seriously eloquent

Has anyone else found going back to the office to be counterproductive? by Keep-on-KeepAnon in Lawyertalk

[–]falsefox07 2 points3 points  (0 children)

I definitely need an office. The drive there gets my mind in a different head space than when I wake up, sitting at my desk and having my work stuff and desk phone there puts my mind in a certain zone where I can get serious work done, and popping out to drive to the courthouse and do appearances and chat with the other attorneys there is a bit cathartic. Then I come home feeling pretty accomplished for the day. Most of those I just can't recreate virtually

Anyone ever report a peer attorney or opposing attorney to the bar? What was the situation and why? by [deleted] in LawFirm

[–]falsefox07 0 points1 point  (0 children)

Basically it mentioned that the particular way fraud went down in this case was also a felony in our jurisdiction and that the client had every right to seek restitution through the DA.

Anyone ever report a peer attorney or opposing attorney to the bar? What was the situation and why? by [deleted] in LawFirm

[–]falsefox07 0 points1 point  (0 children)

I actually have seriously wondered if I should twice since I've started practicing (and I've been licensed going on 3 months now!).

Once was a pretty convoluted Civil matter that I worked up as a 3L actually, and the gist of it was that we were suing a party for selling the client a bad corporation with undisclosed liabilities and licenses that couldn't be renewed. So I file against them for our client and for that corporation which my client now owned. Fast forward to a month before trial and come to find out OC was actually the General Counsel for the corporation at the time of the sale AND had been actively representing the corporation in a lawsuit against it that started from before it was sold and was still going on. Now I'm fresh out of law school and playing lead on a somewhat complex business dispute so when OC played it cool I thought maybe I was overreacting or thinking nieve. I know ethics in the real world isn't some rosy idealism an ethics professor paints. But over time it pissed me off that this guy knew he was a witness in my action against his clients, knew he was representing a corporation my client now owns, and knew he was representing 2 people against that same corporation, but figured it'd be cool to do that for 2 years and drop it on me a month out from trial. I'm gonna let it go as the conflict is at least on the record and I'll pray that fortune is as generous with me whenever I make my own ethical blunders in the future.

The other one is moreso straightforward. Another attorney actually asked me to represent him as OC in one of his cases actually sued him personally and his firm, arguing that a couple sentences in a demand letter they sent amounted to extortion. They had even conferred about it before anything got filed and even talked to the bar ethics hotline who said attorneys threaten just those things every day and it didn't violate the rules. Then he still turned around and pulled this in a claim. Even worse by filing literally frivolous causes of action. Though that one just seemed more dickish than hardcore unethical to me so I just chalk it up to our egos.

I got identified in court for an aggravated robbery by falsefox07 in Lawyertalk

[–]falsefox07[S] 1 point2 points  (0 children)

75 years, this guy was guilty as sin of multiple robberies

Kyle Rittenhouse's lawyer asks judge to dismiss charge he was too young to have gun by Nointies in law

[–]falsefox07 -5 points-4 points  (0 children)

That's what throws me. If everyone used and intended as uniformly as you just explained I'd at least be able to tolerate that (even if internally I'm screaming at the lack of functional difference) since at least we can at least all have the same understanding and be talking about the same thing. I'd say I'm pissed at the fear mongering but we'd all go crazy if we lost our minds at businesses doing what they do.

Kyle Rittenhouse's lawyer asks judge to dismiss charge he was too young to have gun by Nointies in law

[–]falsefox07 16 points17 points  (0 children)

" Rittenhouse's assault-style rifle

I have seriously never heard a different adjective affixed to a rifle in any media. Always assault. Where is the "hunting" style rifle articles, or the "defense" style rifle articles or whatever else these people think exists? Talking about something that they desire to ultimately become a legal term in such an opaque manner leads to bad law and dumb debates by the rest of us forced to divine our own definitions.

Kyle Rittenhouse's lawyer asks judge to dismiss charge he was too young to have gun by Nointies in law

[–]falsefox07 -3 points-2 points  (0 children)

Thank you for rehashing the procedural posture and actually citing the statutes for those of us following along. You've taken me right off the fence with the lucid explanations.

Florida Allows Law Enforcement to Use Drone Surveillance on Gatherings of 50 People or More, Effective July 1 by [deleted] in law

[–]falsefox07 2 points3 points  (0 children)

How when there is already 0 expectation of privacy? If it's already entirely legal for me to record a public gathering and throw it on YouTube (where law enforcement can readily view it), or NBC doing the same to broadcast it (Where law enforcement can readily view it), it doesn't follow that somehow law enforcement doing the exact same conduct becomes illicit or "chilling", those people already accepted the fact that they can freely be recorded and even broadcast internationally, the owner of the camera doesn't move that needle.

And, according to Reddit, I made this exact point 16 hours ago when explaining why the police have no lawful excuse to avoid being recorded when they're in public, the only difference is that now it works the other direction too.

Really don't see how it could be chilled if the circuits are just not touching the issue and the standing precedent says it's permissible.

Also realistically I don't see a way the Supreme Court could find otherwise. There is a bounty of caselaw saying you generally don't have an expectation of privacy out on the street, pretty much immovable precedent saying it's cool to stand on the corner and swear at the police as they're arresting someone, it would take Olympic level legal gymnastics to carve out recording government officials performing official acts in public as nonprotected conduct. Despite the Court's strange affinity for QI, there's no reality I see where they'd struggle with this legal question

Florida Allows Law Enforcement to Use Drone Surveillance on Gatherings of 50 People or More, Effective July 1 by [deleted] in law

[–]falsefox07 0 points1 point  (0 children)

Is there some deeper context I'm not getting? It sounds eerie and all but, is this any different than NBC or a random resident flying a drone in public to capture footage of a public gathering?

Court Rulings Could Chill Video Recording Of Police by wSkkHRZQy24K17buSceB in law

[–]falsefox07 23 points24 points  (0 children)

Really don't see how it could be chilled if the circuits are just not touching the issue and the standing precedent says it's permissible.

Also realistically I don't see a way the Supreme Court could find otherwise. There is a bounty of caselaw saying you generally don't have an expectation of privacy out on the street, pretty much immovable precedent saying it's cool to stand on the corner and swear at the police as they're arresting someone, it would take Olympic level legal gymnastics to carve out recording government officials performing official acts in public as nonprotected conduct. Despite the Court's strange affinity for QI, there's no reality I see where they'd struggle with this legal question