🧵Good afternoon and welcome to Twitter Law School. Today's topic is preliminary injunctions (yes, again), the appurtenant security requirement, and the difference between dissolution of a preliminary injunction and dismissal of an action. Grab a snack, a drink, and let's get it. A very quick refresher: a preliminary injunction is an injunction which is issued by a court before the court enters a final ruling on the merits. The point of a preliminary injunction is to keep the parties in the same position as they were in before litigation started.

🧵 Let's chat about EMTALA, emergency Medicaid, and the collision of public policy and financial reality.

Get caffeine conveyance beverage of choice, a little snack, get comfy, and let's get it. EMTALA is the Emergency Medical Treatment and Active Labor Act. This was signed into law in 1986. This is the law that requires all hospitals that are Medicare participating and have emergency rooms to treat everyone who shows up at the ER regardless of ability to pay.

🧵Good morning and welcome to Twitter Law School. Today will be a refresher on injunctions, stays, and merits decisions. This will be followed by an overview of Humphrey's Executor and why it matters. Grab caffeine conveyance beverage of choice and let's get it. Let's start with defining terms: an injunction is a court order that compels a party to do or not to do something. A preliminary injunction is an injunction that is a court order that is entered while a decision on the merits of the case are pending. That's why it's preliminary.

🧵Following is my attempt to outline why I believe the claims of but muh free speech re: Jimmy Kimmel are being met with outright mocking and hostility. These are in no particular order of importance. Grab caffeine conveyance drink of choice and let's get it. 1. People are sick of clown nose on clown nose off. Clown nose on close nose off was coined about Jon Stewart's schtick of making a political statement and then, when he received criticism, claiming I'm just a comedian! It's just a joke! Can't you take a joke!

🧵 This afternoon's ponderings are about the intersection of weaponzied empathy, compassion fatigue, donor fatigue, and politics. Get beverage of choice, a nice snack, and let's get it. I'll start with defining my terms: Weaponized empathy - the use of empathy for others' situtations as a tool to demand specific actions and emotional responses concerning those situations.

🧵Good morning and welcome to Twitter Law School. Today we'll be reviewing consent decrees - what are they, whether they're are good or bad, and why I think the DOJ seeking the termination of consent decrees is a good thing. Grab caffeine conveyance of choice and let's get it. A consent decree is a legal agreement between parties to a lawsuit in which they agree to terms to resolve the matter and that agreement is then signed by a judge. Here's the LII definition -
law.cornell.edu/wex/consent_de…

🧵 Once upon a time, I was an immigration squish. I was never open borders as that is a ridiculous position. I was, however, pro very easy and very open immigration. If people wanted to move here, let them! This is the best country to ever exist, let people immigrate. I still had some conditions to that. 1. The people coming here had to be coming here to immigrate, not simply to live here and make money to send to family back in country of origin. If you were immigrating here, it was to become American, not just to work.

🧵I'm going to use this, with permission, as a starting point for a discussion about IEPs, the use of the "model peer", the abuse of confidentiality, and the abrogation of parental consent in the education context. Get caffeine conveyance beverage of choice and let's get it.

https://twitter.com/BodietheParrot/status/1942618465208242335

What is an IEP? An IEP is an Individualized Educational Plan. This is a plan developed under the IDEA statute (20 USC 1400 et seq.) to meet the educational needs of a child with some kind of physical or emotional disorder or disturbance.

🧵Good morning and welcome to Twitter Law School. Today we'll be doing a very high level overview of what is medical malpractice, what is the standard of care, and what is informed consent. Get caffeine conveyance of choice, a nice little nosh, and let's get it. Very important caveat here: this is going to be a very generalized overview. Every state has different laws and rules on med mal. This is a very generalized overview that, of necessity, is not going to get into much nuance. This is merely to provide a conceptual framework.

🧵A significant problem in modern life, both in and out of politics, is the refusal to accept that both sides of an agreement must be honored or people will no longer be willing to agree. When only one side of a bargain receives the benefit of that bargain, why bargain at all? I'll start with the obvious - immigration. The Immigration Reform and Control Act was passed in 1986 with explicit statements that the amnesty would be the only one ever done and that enforcement would be implemented promptly and fully. We've seen how that's worked out.

🧵Good morning and welcome to Twitter Law School. Let's chat about the FBI and the DOJ, Brady violations, the hiding of evidence, and why this has all happened before, it will all happen again is clear to anyone who has paid attention at all. I'll use the Bundy ranchers case. Let's start with what a Brady violation is. The Supreme Court decision in Brady vs Maryland made very clear what should have been obvious all along: the prosecution's withholding of evidence material to a determination of guilt or punishment is a due process violation.

🧵Here is an exchange on whether James Comey was the lead prosecutor for the John Gambino trial which shows why I do not trust a thing that Grok says.

Here is a link to the entire conversation. Below are screenshots of each question and answer.

grok.com/share/c2hhcmQt… Methodology: I did a google search for the following: white house archives james comey john gambino

The first response was the following link:



screenshots of search and where the link leads - note this is an official White House archive site. georgewbush-whitehouse.archives.gov/government/com…

🧵I'm going to use an article that reports on a tragedy with an outrageous outcome to illustrate just how many questions a person has to know to ask to determine if the outcome was improper. I chose this because it's not a complex issue. The article.
cbsnews.com/colorado/news/… Screenshots of the article in the next two tweets.

🧵Good morning and welcome to Twitter Law School. Today we are going over civil liability vs criminal liability and then strict liability and mens rea. Get yourself caffeine conveyance beverage of choice, a nice knosh, and let's get it. Let's start by defining terms. Civil liability is a legal obligation that one party owes to another for damages. It requires that the liable party owe some kind of legal duty to the harmed party. This is a private cause of action, though a government entity may bring civil suit.

🧵 I went looking for the actual text of the EO on prescription drug prices since no one is actually linking that and I have to do everything around here and I found this that was issued on Friday and I missed it.

I cannot stress how important this is.

whitehouse.gov/presidential-a… What does this do? The most important part is that every agency has 365 days to list out all the regulations that have a criminal penalty and then that report has to be made public. Right now, there is literally no one on this planet that knows this information. No one.

🧵When I see the "Is this what you voted for" posts re: immigration, my response is well, yes, it is. It is, however, not in the way the person posting that means. I mean that this is what I have voted for in every election since 1988, the first year in which I could vote. The laws which make up Title 8 of the US Code are those which have been negotiated in Congress, voted on and passed by Congress, and then signed by whichever President was in power at the time. While those laws obviously are not all to my liking, they are the ones duly passed.

🧵In all the discussions of amnesty re: immigration, there is a fundamental question I basically never see asked, let alone answered: what are those who are advocating for amnesty offering as a compromise to get support for that position? What, specifically, is the deal? That's how compromises work. You want something that I don't want to give you. In order for me to give you that, you have to give me some incentive. If not, all you are making is a demand for pure capitulation on my part. If you want it all your way? All you are is Veruca Salt.

Good morning and welcome to Twitter Law School. Today we will be discussing disparate impact, the insane Sheetz case, and yet another attempt to win via judiciary that which cannot be won via legislation. Grab caffeine conveyance beverage of choice and let's get it. So what is disparate impact? Disparate impact is the legal doctrine by which discrimination can be shown not by specific actions against specific people but rather by a statistical showing that group B does worse than group A under what appears to be neutral criteria.

🧵1986 was 39 years ago. I do not mention this for my usual wailing about the passage of time. I mention this to point out that we are now on two generations of people old enough to vote who have no living memory of the 1986 amnesty bill because they were not alive then. Let me be very generous and set 14 as the age when a person starts paying attention to and at least somewhat understanding politics. That means anyone under the age of 53 really and truly does not understand, other than academically, what the 1986 reference means re: immigration.

🧵Long thread with story times. All of these happened at my last firm. First is one I've told before. Client's insane ex wife, and by ex I mean they'd been divorced for several years when this happened, got a protection order saying he hit her. She also filed for criminal charges against him. Cops showed up to serve the order, the summons, and to take his guns. He said this is impossible, I was out of state the day this supposedly happened. Cops said don't care, we are just here to serve the papers and take the guns.

🧵Arguments as to what level of due process is owed to those who entered the country illegally and/or are remaining in the country illegally after removal orders assume that some level of due process is owed. That fundamental assumption is now being questioned, as was inevitable. I state, routinely, that due process is nigh to a miracle which has taken centuries for mankind to even approach respecting as it flies in the face of human nature. I also state, routinely, that people should stop running around waving lit flares in rooms full of kerosene.