Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸

71.3K posts

Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸 banner
Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸

Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸

@JacobALinker

Yiddishe kop, neshama, un mensch. I am not a Jew with trembling knees. Rooted Cosmopolitan. American, and proudly so.

Katılım Ocak 2017
2.8K Takip Edilen8.7K Takipçiler
Kraut
Kraut@The_Davos_Man·
A demilitarisation of Kaliningrad would be a legitimate demand for Europe to make because Russia has actively used that place to do things like interfere with the radar of civilian airliners.
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Visegrád 24
Visegrád 24@visegrad24·
Congratulations India for throwing the communists out of all state governments for the first time in 59 years. As votes are counted today, it has become apparent that the communists will lose power in Kerala. The commies are out of power across India for the 1st time since 1967
Visegrád 24 tweet media
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Kraut
Kraut@The_Davos_Man·
@stalin997439 What makes you think Palestians or Israelis would just give up and move to Northern Europe? lol
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Kraut
Kraut@The_Davos_Man·
By far the silliest and most outlandish proposal I have seen someone post about what to do with Kaliningrad, is to give it to the Palestinians.
ben 🌐@hayesy316

@The_Davos_Man Make Konigsberg great again

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Orin Kerr
Orin Kerr@OrinKerr·
I sometimes read that the Supreme Court dramatically expanded police power by inventing stop and frisk law in Terry v. Ohio. But it seems to me you can't talk about stop and frisk without discussing the decline of arrests for vagrancy—and the invalidation of traditional vagrancy laws—at just about the same time as the creation of stop and frisk law. As Risa Golubuff explains in her excellent book Vagrant Nation, for most of American history people acting suspiciously could just be arrested under the vagrancy laws. And they could be fully searched then, as part of the arrest. The relationship between vagrancy enforcement and Fourth Amendment law is complicated. But one simplified version of it is that the Court blocked the greater police power of arrests and complete searches under vagrancy laws and then created a narrower version of the authority, less subject to abuses because it had more of a certain standard, under stop and frisk law. In the present day, a lot of people tend to look back on this history from the perspective that it's obvious that of course there's no power to arrest under vagrancy laws, and of course temporary stops are seizures and of course frisks are searches, such that the big change is seen to be reasonableness balancing and the reasonable suspicion standard—a balance that is seen to lessen Fourth Amendment protections by having a standard for searches and seizures less than probable cause. I think that's how Terry is usually taught: The Fourth Amendment used to prevent stop and frisk, and the Supreme Court gutted them. But it seems to me that view incorporates a lot of modern assumptions that the history doesn't support. My sense, at least.
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Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸 retweetledi
Orin Kerr
Orin Kerr@OrinKerr·
Relatedly, here's a summary of the law of stop-and-frisk the year *before* Terry v. Ohio. Does it look familiar?
Orin Kerr tweet media
Orin Kerr@OrinKerr

I sometimes read that the Supreme Court dramatically expanded police power by inventing stop and frisk law in Terry v. Ohio. But it seems to me you can't talk about stop and frisk without discussing the decline of arrests for vagrancy—and the invalidation of traditional vagrancy laws—at just about the same time as the creation of stop and frisk law. As Risa Golubuff explains in her excellent book Vagrant Nation, for most of American history people acting suspiciously could just be arrested under the vagrancy laws. And they could be fully searched then, as part of the arrest. The relationship between vagrancy enforcement and Fourth Amendment law is complicated. But one simplified version of it is that the Court blocked the greater police power of arrests and complete searches under vagrancy laws and then created a narrower version of the authority, less subject to abuses because it had more of a certain standard, under stop and frisk law. In the present day, a lot of people tend to look back on this history from the perspective that it's obvious that of course there's no power to arrest under vagrancy laws, and of course temporary stops are seizures and of course frisks are searches, such that the big change is seen to be reasonableness balancing and the reasonable suspicion standard—a balance that is seen to lessen Fourth Amendment protections by having a standard for searches and seizures less than probable cause. I think that's how Terry is usually taught: The Fourth Amendment used to prevent stop and frisk, and the Supreme Court gutted them. But it seems to me that view incorporates a lot of modern assumptions that the history doesn't support. My sense, at least.

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