Rebuttal

Rebmasel

  • 44 minutes 30 seconds
    34: Who Owns The Sky?

    (WATCH THIS EPISODE ON YOUTUBE) A chicken farmer, World War II, and 150 suicidal chickens were the only ones up to the task to answer this question for the Supreme Court. No, I'm not joking.


    This is United States v. Causby (1946).


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    ***

    0:00 - Intro

    00:40 - Case begins

    3:00 - The Takings Clause

    3:30 - The Causbys and their crime scene coop

    7:26 - The Causbys get a (good) lawyer / Lower court case

    10:00 - US Supreme Court arguments

    17:41 - Supreme Court's analysis + holding

    26:46 - After Causby...seriously, who owns it? / Drones are a problem y'all

    37:43 - Wait, what about the Causbys?

    37:52 - Reb's Rebuttal




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    21 November 2024, 8:00 am
  • 42 minutes 12 seconds
    33: The Lawyer Who S#%! In A Pringles Can

    (WATCH THIS EPISODE ON YOUTUBE) Being a lawyer is a stressful job, and we all handle the anxiety of this high-pressure field in different ways. Some enjoy pilates, others indulge in junk food, a few find relief at the bottom of a liquor bottle. But in 2023, one lawyer's preferred method of "blowing off steam" made headlines. It read: "BREAKING: LAWYER SUSPENDED FOR POOPING IN A PRINGLES CAN AND THRO-"


    Listen at your own risk to find out the rest. Reb washes her hands and unpacks Ohio Bar v. Blakeslee (2023).


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    ***

    0:00 - Intro

    0:45 - Brief background on State Bars and the moral character application

    6:57 - Headline / Case starts / James (Jack) Blakeslee

    11:27 - His “Pringles Prank” defense

    14:07 - Ethics case against Blakeslee

    16:25 - Reb’s several concerns

    24:20 - Ohio Supreme Court Opinion - Ohio Bar v. Blakeslee (2023)

    32:40 - Discipline and 2024 Update

    34:50 - Reb’s Rebuttal

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    31 October 2024, 9:00 am
  • 1 hour 20 minutes
    32: Kidnapping The Kaiser

    (WATCH THIS EPISODE ON YOUTUBE) On December 31, 1918, Colonel Luke Lea of the 114th Field Artillery Regiment handed his commanding officer a request for leave from his post in Allied-occupied Luxembourg. He would not say where he was going or what he intended to do, though he assured the general he had nothing to worry about. General Spaulding called it the "strangest request for leave he had ever read," but approved it anyway. After all, Luke Lea was not just an excellent officer, he was also a successful lawyer, newspaper publisher, and one-term senator from Tennessee. How much trouble could he possibly get into.....


    Grab a baseball and an ashtray (trust me). Reb is breaking down State v. Wallace B. Davis, Luke Lea, & Luke Lea, Jr. (1932), but more importantly, all of the unbelievable chaos that happened before it.


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    ***


    0:00 - Intro w/ Executive Producer Simba

    2:59 - CASE STARTS / LET’S GO BACK TO WWI

    4:00 - Colonel Luke Lea needs a vacation to be a nuisance

    6:00 - Tennesseans only

    6:59 - We’re kidnapping whomst?

    7:46 - What’s the Kaiser been up to these days?

    11:40 - COLONEL LUKE LEA’S *MESSY* LORE

    12:41 - Bloody Tennessee political drama

    16:07 - Luke’s newspaper is now TMZ

    19:12 - A good ol’ fashioned duel in the street

    20:32 - Luke is messy and reaps the benefits

    22:30 - REB’S SUMMARY OF ALL THAT CHAOTIC BEEF & LUKE LEA LORE

    24:20 - The U.S. declares war, Luke joins the Army

    24:50 - What was the plan here, babes?

    27:23 - It’s Armistice Time! No need to ~arm~ the stice!

    28:07 - Colonel Lea takes a vacation to….somewhere….

    29:05 - ONLY Tennesseans allowed on my poorly planned kidnapping mission

    30:00 - SUDDENLY I’M PATRIOTIC / LARRY MACPHAIL BASEBALL LEGEND

    34:32 - KIDNAPPING ROAD TRIP IN A CADILLAC

    42:05 - The border is crossed, shenanigans ensue

    56:32 - #AshtrayGate

    57:45 - PUNISHMENT….?

    1:06:57 - I think Luke is a weirdo / Luke dabbles in felonies back home in the States

    1:11:59 - What happened to Kaiser Wilhelm II, his cool ashtray, and the MLB guy who stole it?

    1:12:58 - REB’S REBUTTAL

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    29 October 2024, 7:00 am
  • 1 hour 25 minutes
    31: The Children: Alone In America

    (WATCH THIS EPISODE ON YOUTUBE) In America, unaccompanied children are forced to represent themselves in immigration court. That's right. Children as young as infants to teenagers. Each year, thousands of immigrant children are placed into court proceedings in which government prosecutors seek to deport them unless those children can prove they have a right to stay in the United States. While the U.S. government may provide pillows and booster seats for children who are too small for the chairs in immigration court, the government does NOT have to give them an attorney to protect their rights.


    In this episode, Reb tells these children's stories and interviews attorneys Amanda Doroshow and Lauren Esterle with the Acacia Center for Justice who have firsthand experience advocating for these children both inside the courtroom and beyond.


    LINKS TO RESOURCES AND FELLOWSHIP OPPORTUNITIES:

    https://acaciajustice.org/

    https://acaciajustice.org/careers/students/

    https://justicecorps.org/justice-fellowship/


    Thank you to the Acacia Center for Justice, Amanda Doroshow, and Lauren Esterle for making this episode a reality. Your presence, advocacy, and brilliance is second to none.


    0:00 - Intro

    1:50 - Guillermo's Story

    5:23 - The Law - Unaccompanied children in U.S. immigration court

    7:51 - What rights do unaccompanied children have?

    9:25 - Why lawyers are CRUCIAL

    14:00 - Legally, what is an "unaccompanied child"?

    16:25 - Recent cases on this issue - What do the courts say?

    21:48 - Treatment of children in Juvenile Court v. Immigration Court

    27:05 - Current policies are disconnected from common sense

    29:05 - Reb speaks with attorney Amanda Doroshow from the Acacia Center for Justice

    51:20 - Reb speaks with attorney Lauren Esterle with the Acacia Center for Justice

    1:18:15 - Reb's Rebuttal










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    4 October 2024, 7:10 am
  • 36 minutes 53 seconds
    30: Skin The Judge Alive?!

    (WATCH THIS EPISODE ON YOUTUBE) In 500 BC, corrupt judges were treated a little differently than the ones we have today. The punishments have changed, but one question remains the same: What do we do when judges can't stop taking bribes?


    Hold onto your birthday suit, Reb is slicing open The Judgment of Cambyses (~530 BC).


    (Side note: A 30-MINUTE EPISODE CAN YOU BELIEVE IT?!)


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    ***

    00:00 - Intro

    00:50 - The Cursed Envelope Case

    02:38 - Judge Sisamnes gets flayed

    11:22 - Impartiality is important...

    12:37 - ...but Supreme Court Justices play dirty (gasp)

    15:58 - Justice Thomas

    18:29 - Justice Gorsuch

    19:35 - Recusal reform please

    21:31 - Justice Alito

    22:28 - Don't get it twisted

    23:43 - Justice Alito

    25:02 - Justice Sotomayor

    26:12 - A CODE OF CONDUCT THAT WORKS WOULD BE COOL

    29:53 - Reb's Rebuttal


    

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    23 September 2024, 7:00 am
  • 50 minutes 51 seconds
    29: The Baking Soda Snitch

    (WATCH THIS EPISODE ON YOUTUBE) A paid informant who should've been fired, a police officer who LOVES a good eraser, and a dad who can't stop bragging about his poor sons.


    Grab a bag of baking soda and a large Coke and hear Reb snitch on Albright v. Oliver (1994).


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    ***

    0:00 - Intro

    2:26 - Legal mumbo jumbo you should know before we begin

    9:00 - Reb's rant on wrongful arrests

    13:31 - Why do malicious prosecution cases rarely succeed?

    15:22 - Albright v. Oliver (1994)

    19:59 - The worst informant draft pick of all time

    21:26 - The old man from Up beats the allegations

    24:58 - Every son under the bus

    29:12 - Shut your mouth (pt. 45457493589295) + Albright's lawsuit

    33:09 - The Court of Appeal agrees it was a huge bummer at least

    39:05 - SCOTUS opinion

    41:10 - Albright v. Oliver and malicious prosecution = a whole mess

    43:30 - Reb's Rebuttal

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    16 September 2024, 7:00 am
  • 1 hour 27 minutes
    28: The Jury Is On Drugs, Your Honor

    (WATCH THIS EPISODE ON YOUTUBE) What do you call a 6-week period in which you and a handful of very recent acquaintances get drunk every day at lunch, sleep through the afternoons, sell weed to each other, smoke weed with each other, and whip out a few bags of cocaine to snort when the time feels right?


    For a group of twelve people in Florida in 1987, they would call it jury duty. That’s right. Since 1987, jury misconduct stories only got crazier and crazier...including one where a jury convicted a man of double homicide by breaking out a Ouija board and asking the victims' ghosts. Yep.


    Reb tops off a martini and hosts a seance in Tanner v. United States (1987).


    ***

    0:00 - Intro

    2:17 - Facts of Tanner v. United States

    12:39 - Trial (Coke, Booze, and Court)

    23:00 - Rule 606(b) and SCOTUS Majority Opinion

    40:53 - SCOTUS Dissenting Opinion

    54:11 - Juror misconduct still haunts us

    56:19 - SCOTUS heard our complaints and ignored them<3

    58:59 - Remedies for juror misconduct

    1:01:10 - Case after case after case (Delusional, sleeping, drunk, racist jurors)

    1:10:00 - The Ouija Board Jury

    1:19:35 - Reb's Rebuttal

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    20 August 2024, 2:23 pm
  • 1 hour 7 minutes
    27: The Lost Boys of Rikers Island

    (WATCH THIS EPISODE ON YOUTUBE) In the early hours of Saturday, May 15, 2010, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. He was 16 years old. Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend were squinting in the glare of a police spotlight. An officer said they had robbed a man. “I didn’t rob anybody,” Browder replied. “You can check my pockets.” . . .


    Reb shares the cases of Kalief Browder and Inmate H, and thousands of other children and adults held in pretrial detention in the United States without ever being convicted of a crime. Some people say cash bail “creates Hell on Earth.” You might just believe them.


    **CONTENT WARNING** Violence against children


    Links:

    https://www.facebook.com/KaliefsLegacy?mibextid=LQQJ4d


    https://www.americanprogress.org/article/the-case-for-cash-bail-reform/


    ---

    2:21 - Kalief Browder

    14:45 - Rikers Island

    17:33 - Pretrial Detention, Cash Bail, and Depravity

    22:38 - Inmate H

    31:29 - Rikers Island Origins / #CloseRikers

    37:18 - Cash Bail Reform

    45:45 - A Murderer, A R*pist, and A Traffic Violator

    47:38 - Cash Bail Reform

    57:40 - Reb's Rebuttal

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    18 July 2024, 4:55 pm
  • 2 hours 2 minutes
    26: The Assassin

    (WATCH THIS EPISODE ON YOUTUBE) Do political assassinations even happen in the U.S. anymore? Apparently yes. Yes, they do. Get ready to change your middle name, sue Puerto Rico for speaking Spanish, move to a hog farm in Tennessee, and learn that write-in ballots never win (except for the rare, *bloody* exception). Reb brings a murder weapon to the voting booth in Tennessee v. Byron (Low Tax) Looper (2000).

    TRIGGER WARNING for sexual assault/abuse.

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    ***

    0:00 - Intro

    2:36 - Byron's early life

    4:30 - West Point

    8:55 - Honorable discharge to politics pipeline

    12:38 - Young Democrats of Georgia/Byron has a temper?!

    14:00 - Byron and the 1988 GA Democratic primary

    20:41 - Byron gets #educated

    21:38 - #PuertoRicoGate

    32:46 - Byron meets Terri Guess in TN

    39:43 - DUMP HIM

    43:43 - Byron changes his middle name to (Low Tax).....and it works???

    1:03:03 - Senator Tommy Burks

    1:08:17 - Byron's been busy

    1:09:00 - The last day of his life

    1:14:44 - Looper v. Burks

    1:19:21 - The arrest

    1:21:30 - The ballot's a mess

    1:22:02 - Charlotte Burks

    1:25:56 - What's the evidence?

    1:43:53 - The aftermath

    1:45:50 - CONSPIRACY AROUND LOOPER'S DEATH

    1:54:03 - Reb's Rebuttal

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    13 June 2024, 7:10 am
  • 1 hour 6 minutes
    25: The Rap Lyrics On Trial

    (WATCH THIS EPISODE ON YOUTUBE) Beef between rappers keeps music alive and well. But what happens when a video of you lip syncing to rap lyrics at a party helps put you away for murder? Hear all about it with Reb at the Texas Court of Criminal Appeals in Larry Jean Hart v. Texas (2024).

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    ***

    0:00 - Intro

    4:01 - Sneak peek of Hart v. Texas (2024)

    4:37 - Background - Can lyrics be used as evidence?

    12:45 - Hart v. Texas begins / What happened at trial?

    24:02 - Hart's first appeal

    27:38 - Hart's second appeal

    28:31 - Probative value of the rap videos

    33:49 - Prejudicial effect of the rap videos

    47:57 - Prosecution's need for the evidence

    54:05 - Harm analysis

    1:01:06 - Holding

    1:01:59 - Reb's rebuttal

    1:02:42 - Tiny teaser for Episode 26!

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    13 May 2024, 7:00 am
  • 1 hour 57 minutes
    24: Stand Your Ground

    (WATCH THIS EPISODE ON YOUTUBE) Since Biblical times, self defense has been simple. Guard your castle. Retreat to the wall. Defend yourself. The U.S. stole its common law from the English, and the elements of self defense didn't change. Until.......Florida.

    Why did Florida change its slogan from the Sunshine State to the Kill At Will State? Aren't Stand Your Ground Laws a good thing? How old is the Castle Doctrine? Whose castle is it anyway? Reb lowers the drawbridge on the madness and teaches you all the wheres and whens and hows on who is really allowed to "defend" themselves.

    **CONTENT WARNING** Racial violence and violence against women and children.

    0:00 - Content Warning

    2:24 - Intro

    8:08 - Trayvon Martin/Michael Brown/Tamir Rice

    10:07 - Philando Castile

    15:00 - People v. White (2010)

    26:16 - Duty to Retreat

    30:05 - The Castle Doctrine

    30:45 - Beard v. United States (1895)

    31:10 - People v. Tomlins (1914)

    34:15 - Background on SYG Laws

    36:00 - Self-defense elements/Duty to retreat

    43:45 - SYG Laws and Imminence

    46:27 - Removing Imminence > Race/Gender/DV

    52:53 - Bernard Goetz (1986)

    56:20 - Kathy & James Workman (Fla. 2004)

    58:41 - The NRA & SYG

    59:30 - Jimmy Morningstar (2003)

    1:04:30 - Charles Harper (2009)

    1:06:00 - Pedro Roteta (2011)

    1:10:13 - Duty to retreat

    1:11:10 - Domestic Violence & The Castle Doctrine

    1:20:17 - Deven Grey (2017) / Brittany Joyce Smith (2018)

    1:22:03 - Collected cases of men using SYG Laws successfully

    1:23:41 - Peggy Stewart Case (1988)

    1:31:18 - Kansas Supreme Court is on my sh*t list

    1:32:00 - "Reasonableness" for a woman

    1:33:50 - Collected cases on DV victims and Castle Doctrine/SYG

    1:47:00 - Castle Doctrine clashes with Knock + Announce Rule

    1:48:32 - Breonna Taylor

    ***

    DONATE

    https://www.trayvonmartinfoundation.org/

    https://michaelodbrown.org/

    https://www.tamirericefoundation.org/donate

    https://www.philandocastilefoundation.org/

    https://www.gofundme.com/f/freedom-and-reentry-fund-for-deven-grey

    https://justiceforbreonna.org/


    ***

    COMPLETE SOURCE LIST IN YOUTUBE EPISODE NOTES


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    30 April 2024, 7:00 am
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