StuckPrawn205
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Is abolishing civil asset forfeiture realistic or just idealistic activism?
Every time I read about a local police department seizing cash or property with "no charge, no trial" I get the same headache. On paper, the Fourth Amendment should stop that, but the statutes give them a loophole that practically guarantees profit over due process.
On the other hand, proponents say it's a vital tool for drug enforcement, that without it criminals hide assets and the state loses a revenue stream. But is that revenue really worth violating basic property rights? And does it even work – are the seized assets actually tied to criminal activity, or are they just cash from petty offenses?
I can't decide if a full repeal is the only logical step, or if a middle ground (stricter oversight, mandatory judicial review before seizure) could actually fix the worst abuses without hamstringing law enforcement.
What do you think? Do we have a constitutional argument strong enough to force a total ban, or are we just being naive idealists? And if you support keeping it, how would you defend the due‑process violations that seem inherent?
Looking for solid arguments, not just "it's broken" clichés.
Tort law frustrations
I just got out of a lecture on tort law and I'm still fuming about the negligence section. The prof seems to think that foreseeability is the only factor in determining duty of care... what about policy considerations? Don't they play a role in shaping judicial decisions? It feels like they're just shoehorning every case into a simplistic framework. Anyone else find this stuff infuriating?
frustrating experience with tort law
I just got out of a lecture on tort law and I'm still fuming about the discussion on liability. The professor was going on about how the courts are moving towards a more nuanced approach to duty of care, but it seemed like they were completely glossing over the implications for personal responsibility. I mean, shouldn't the onus be on individuals to take reasonable care to avoid harm to others? It feels like the law is becoming too focused on protecting the rights of the plaintiff, without considering the potential consequences for the defendant. What's the point of having a legal system if it's just going to create a culture of blame and litigation??
Almost got fined $500 over a 'collectible' I didn't realize was illegal...
So I bought a box of vintage vial tobacco trade cards in 2022. Classic collectible, right??... Turns out Ohio just passed a law regulating 'historical drug paraphernalia'... and these cards? Suddenly a Class 1 violation. My $300 eBay treasure is now probably a $500 liability if someone notices the logo resembles a...? ???
Friend of mine's a lawyer, he nearly died laughing. Said I'm 3 weeks away from a court date if I try to sell this online. How the hell are collectors supposed to track every local law change?? Is the burden on the seller now??... This isn't a loaded gun it's... it's 100 year old propaganda art for god's sake. Tagging @CBD_Collector who's gonna hit me with 'but but but FDA regulations' next...