Uses (and Misuses) of Amicus Briefs

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  • čas přidán 9. 09. 2024
  • Today, IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ-and others-use them for maximum impact.
    ij.org/podcast...
    Hear about the cases, issues, and tactics advancing the fight for freedom-directly from the people on the front lines. Deep Dive with the Institute for Justice explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. In each episode, host Melanie Hildreth talks with litigators, researchers, and activists to give listeners an in-depth, inside look at cutting-edge legal and policy issues-and how they affect the lives of ordinary Americans everywhere.
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Komentáře • 39

  • @lawrencemiller3829
    @lawrencemiller3829 Před 4 lety +8

    Thanks Institute For Justice for discussing Amicus Briefs and some of your legal cases, very interesting. Abuse of government power needs legal recourse.

  • @yliberal6355
    @yliberal6355 Před 4 lety +8

    Great and informative discussion. Thank you!

  • @nordwest23
    @nordwest23 Před 4 lety +12

    they should teach constitutional law in public school...

    • @chrisreynolds6391
      @chrisreynolds6391 Před 3 lety

      They do.

    • @jupitercyclops6521
      @jupitercyclops6521 Před 3 lety +2

      I heard they don't teach constitutional law at most law schools anymore

    • @kadengundersen498
      @kadengundersen498 Před 2 lety

      @@chrisreynolds6391 If you take AP Government and AP US History like I did. The people who took the normal history/government class didn't learn anything I can guarantee you.

    • @stillraven9415
      @stillraven9415 Před rokem

      They need to shut down the broken internment schools and teach kids how to gun down people on tv instead.

  • @Oldhogleg
    @Oldhogleg Před 4 lety +6

    Great discussion!

  • @mttaylor129
    @mttaylor129 Před 3 měsíci

    A very informative and helpful discussion, especially for a nonlawyer who feels a compelling motivation to file an amicus curiae and wants to do an effective one.

  • @rockymntnliberty
    @rockymntnliberty Před rokem

    The recent amicus briefs put forward by the onion and the Babylon bee, are awesome.

  • @danstewart2770
    @danstewart2770 Před rokem

    One thing I haven't heard the IJ attorneys mention is that IJ has developed a justly deserved reputation of professional and intellectual honesty whose briefs, whether amicie or named party, carry substantial heft in the eyes of many courts.

  • @Exchange_IDs
    @Exchange_IDs Před 2 lety

    I need an Amicus Brief for my writ to the 3rd District Court of Appeals in Louisiana please.

  • @danstewart2770
    @danstewart2770 Před rokem +1

    The Institute for Justice (IJ) is a nonprofit public interest law firm that actually helps ordinary people who are the victims of outrageous government injustices.
    ▪︎ By litigating these important cases, they win rights for all Americans.
    ▪︎ IJ lawyers are the people who are setting the boundaries between where government power ends and ordinary citizens rights begin.
    ☆ Please support them in any way you can. A few dollars helps, or just spread the word about their good works-we than ever.

  • @kristenbell6196
    @kristenbell6196 Před 3 měsíci

    There must be a concern about studying original intent of the foundation of our Declaration of Independence and Constitution. The Federalist papers are the instruction manual to our Constitution. The justice branch cannot enact or ratify their own thought of law. We are a nation of laws not a country based on ideas of man.

  • @terrywatkins27
    @terrywatkins27 Před 4 lety +1

    So its not a brand of underware😆Interesting talk,informative.

  • @susandoerr3896
    @susandoerr3896 Před 4 lety +2

    my daughter was stolen using the courts and slow system and I am sure because of what they did so much more,

    • @SailingSarah
      @SailingSarah Před 4 lety +1

      This is the greatest tragedy that children are ABDUCTED BY LAWYERS AND WE'RE LEFT OUT IN THE COLD! THIS IS WAR!!!!!!
      THIS IS WAR!!!!!!
      THIS IS WAR!!!!!!
      THIS IS WAR!!!!!!
      THIS IS WAR!!!!!!
      THIS IS WAR!!!!!!

  • @2Truth4Liberty
    @2Truth4Liberty Před 3 lety

    14:35 is the type of brief I hope gets filed in my case
    about restoring the "general warrant" prohibition
    which has been allowed under a different name (knock and talk)

  • @trizzybob
    @trizzybob Před 4 lety

    Excerpt from United States v. UNDETERMINED QUANTITIES OF ALL ARTICLES OF FINISHED AND IN-PROCESS FOODS, No. 17-13376 (11th Cir. Aug. 30, 2019).
    "Ours is an adversary system. When, as here, there are two sides, each side is afforded the opportunity to argue its position. But the court is not limited to choosing one side's position or the other's. The court's role is to get it right, not to choose which side's argument is better and adopt it lock, stock, and barrel. See, e.g., United States v. Baston, 818 F.3d 651, 663 (11th Cir. 2016) (concluding that on a disputed legal issue, "[n]either party is correct," and applying the correct standard that neither party advocated); see also Colburn v. Odom, 911 F.3d 1110 (11th Cir. 2018) (resolving an appeal on a ground not addressed in either side's brief but essential to proper resolution of the dispute). Were it otherwise, there would be no plain-error doctrine."
    It sounds good and reasonable and supports the need for a friend of the court briefs being filed.
    Another case where the need for a friend of the court brief is exemplified is Alabama v. Shelton, 535 U.S. 654, 122 S. Ct. 1764, 152 L. Ed. 2d 888 (2002). In that case, a friend was ask to file a brief on a topic that was mentioned in the courts below but was abandoned along the way.
    The thing about the excerpted paragraph that burns my crawl is in the fact that the court ignored substance and took extreme exception to form.
    The Walker County circuit clerk is the chief magistrate of the district court magistrates. I guess we now have to prove she was engaged with a very elaborate enter corporate conspiracy with herself, now.

    • @2Truth4Liberty
      @2Truth4Liberty Před 3 lety

      The court did not want an friend of the court to raise anything when it wanted to restrict the Second Amendment (Miller 1939)
      www.law.cornell.edu/supremecourt/text/307/174
      It was a misuse of judicial power to fail to take judicial notice when the party is not properly represented
      whitestonepublishing.org/millershotgun.pdf

  • @jasonmuniz3539
    @jasonmuniz3539 Před 3 lety

    Is it possible to submit a brief after the case is closed?

    • @jupitercyclops6521
      @jupitercyclops6521 Před 3 lety +1

      They are far to busy to care about responding to the people giving them clicks & viewing their vids.
      It would be nice if they could at least have a legal aid and or someone doing an intern to answer questions,, but I guess we should be happy they are providing videos of their professional opinions.

  • @leejamestheliar2085
    @leejamestheliar2085 Před 4 lety +1

    I play squash on a court. Nuff said.
    ( minutiae is the death of reason)

    • @Sovereign_Citizen_LEO
      @Sovereign_Citizen_LEO Před 4 lety +1

      Well minutiae might not necessarily be the death of reason, but it certainly in many cases compounds and inhibits it (prevents it, confounds it, - or the correct ruling from being issued).

    • @jupitercyclops6521
      @jupitercyclops6521 Před 3 lety

      Mr. Lee.........sir..........you're a liar.

  • @nordwest23
    @nordwest23 Před 4 lety

    I dont trust the qovernment either, ... Im not a Lawyer NOR a politician... and thank You you are so right, right on, dude ( as they say in california)

  • @SailingSarah
    @SailingSarah Před 4 lety

    Law is a SCAM

  • @lisamerrittjohn
    @lisamerrittjohn Před 4 lety

    The nasal-ly performance of convincing me, is void of any critical content! Harry Potter's witches!