‘Twas the Night Before Brisket

It’s Brisket Eve and David and Sarah are celebrating by diving into the latest polls ...

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It’s Brisket Eve and David and Sarah are celebrating by diving into the latest polls on the protests around the country, the legal weeds of Confederate monuments, and answer the question, why does the rule against perpetuities get the people going? But the festivities don’t end there, there’s the Michael Flynn amicus curiae, Tom Cotton, and Gone with the Wind.


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  1. Avatar photo
    Bob W

    Sarah's "three ingredients to social change " theory was great. David adding the connection to the American Revolution was also spot on- which means the genesis of our Revolution involved the death of a black man Crispus Attucks at the hands of civil authorities (who were later acquitted).

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  2. Joe Curtis

    Sarah, your arguments re: monuments changed my mind. Thank you.

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  3. Joe Curtis

    Sarah, your arguments re: monuments changed my mind. Thank you.

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    SAB

    All the legality and emotionalism aside, in Flynn's case, if he was pressured to plead but couldn't be honest that he was pressured to plead (first because of the prosecutor and now because of the judge), it seems to me that maybe common sense should not be held captive by the finer points of law. If at first, the FBI didn't think he lied (which has been reported), but then after continuing to pursue him, he eventually lied under durest. Really, at what point do you think Flynn was supposed to believe that the threat he was under - was no longer the case. If he had been treated unfairly by FBI, why did we think that threat was not also present in front of the judge. Can anyone think all this continuing is justice in any way? It seems like a pissing match between the DOJ and Court at this point. I agree the judge should just rant and then dismiss it. Stacking up all these wrongs does not make anything right. Why cannot justice be common sense?

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  5. Madison Wells

    I found your comments on "Gone With The Wind" very interesting...especially the question of if those offended had actually seen it...or...if they are aware that is was also the platform for the first African American actor to win an Academy Award.

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  6. Adam Malamen

    Regarding David's comment about the lack of Union monuments in Franklin, the Union dead at Franklin are honored in the Nashville National Cemetery. Their graves were moved there in 1865-1866. The same thing happened throughout the South. Union dead were consolidated, for lack of better a word, at national cemeteries in central locations: Nashville, Memphis, Little Rock, Fredericksburg VA, New Orleans, Vicksburg, etc. In the 1910s, the state of MN funded monuments to its buried soldiers at the Little Rock, Memphis, Nashville, St Louis, and Andersonville GA cemeteries.

    The Franklin battlefield is really interesting in that it has been recently (partially) reclaimed by the battlefield preservation movement. Twenty years ago, there was just the small area around the Carter House that was preserved. Now, there is preserved land around the key fighting at the Carter family Cotton Gin, among other places, see https://www.battlefields.org/visit/battlefields/franklin-battlefield

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  7. Eric Halvorsen

    Interesting discussion about Confederate monuments. As a Orange County, CA resident there has been some minor discussion of renaming John Wayne Airport given John Wayne past comments on race. I was wondering if there there is any limiting principle on how far we should go in the re-naming of landmarks based on a person past conduct or comments not being acceptable today?

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  8. Eric Halvorsen

    Does anyone think SCOTUS grants will grant cert on National Shooting Sports Foundation v. California (handgun micro-stamping)? If so, how to you think they would rule on the case?

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    James Crinean

    David

    Any updates in Brisket and Sarah. Name?

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    Sad Trombone

    Re: Cy Pres Doctrine. An interesting case when I was young involved the scholarships established by the founder of Drexel University in Philadelphia. His will established scholarships for "all white males" when the term was used to convey liberalism or broad-mindedness and not exclude Jews or Catholics.

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