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Xhieron

xhieron@lemmy.world
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My brother in Christ, I have worked in landlord-tenant on and off for decades, and I’ve been on both sides of many, many evictions. If you think courts always exercise their discretion fairly and equitably, I have a bridge to sell you.

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Bonds are paid into court. They don’t go directly into the landlord’s pocket. Also nobody gets evicted without notice (and understand that notice is a term of art in this context–plenty of people get evicted without knowing about it or being actually made aware, but every state has a requirement that you have to do one of a limited number of things in order to provide notice to a tenant of an eviction).

This is a shitty law, but please don’t make stuff up or draw assumptions to pretend it’s worse than it actually is.

The problem this state (via the landlords’ lobbying for this change) is trying to fix is the scenario in which an evicted tenant gets a sympathetic judge in a jurisdiction with a long docket backlog and basically gets to squat in the property rent-free for however long they can stretch out the litigation. If you’re just now becoming familiar with the value of litigants dragging out litigation, well, welcome to 2024.

I know social media despises landlords (and there’s very good reason to revile institutional real estate hoarders), but there are good public policy reasons to not want people squatting in properties rent-free, one of which is that if the landlord can’t get a non-paying tenant off the property through legal means, they will pursue non-legal means instead. There are much better ways to accomplish this than the way TN has here, but shotgun evictions are something we’d really like to avoid.

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Holy shit, actual analysis from a thinktank! And here I was so used to thinly veiled lobbying, propaganda pieces, and bribery that I had begun to think the American research institute was dead.

On the actual substance: if this is true, it should be good politically, but I suspect that recovery from the lingering economic trauma arising from inflation (real or imagined) will lag even further. People feel like prices are still rising too fast, whether they actually are or not, and the aforementioned propaganda engine doesn’t help.

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No matter our politics, hopefully we can all agree with JB about not wanting to get shot by reactionary Christofascist radicals. I assume Black and Gass’s politics are pretty well aligned with each other, and Gass didn’t say anything a lot of people aren’t also feeling. But you can’t say that shit on stage in front of thousands of amped up fans. --not because it’s wrong to say or because it’s not politically correct or even because it’s controversial. You can’t say that shit because some of the people in the audience are unhinged and have already been radicalized by the Right.

Take a stand for the First Amendment, and take a stand against censorship, sure–but while you’re standing, be prepared to duck.

I don’t blame any public figure for not wanting to expose themselves to an outsized risk of violence. That risk is largely Trump’s fault, but notice how I’m blaming him from somewhere other than an elevated, well lit platform in front of a room full of strangers on drugs.

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Well, thief! I smell you and I feel your air. I hear your breath. Come along! Help yourself again, there is plenty and to spare!

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That’s a very large assumption. The simplest explanation is that we feel like we have free will because we do. Quantum mechanics suggests some major challenges to determinism, and the best arguments to restore it require a very unsatisfying amount of magical thinking.

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Me too.

I’ll also vote if he’s not.

Blue all the way down the ticket. Fuck the agitprop. Save the Republic.

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Nope. Affirmative defense burden of proof is on the accused. See, for example, ORC Section 2901.05.

Ohio’s not my jurisdiction, but that’s exactly how this works.

Source: Lawyer here.

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This headline is a disaster. The court found that the exceptions–things you’re allowed to do with your phone while driving–are affirmative defenses. That is, if the prosecutor already made a prima facie case that the defendant was breaking the device use law, then the burden shifts to the defendant to prove one of the exceptions applies.

It’s a much better rule than one that would, implicitly or worse, give the cops carte blanche access to your phone.

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Freight rail is still alive in my area–and that means commuter rail could be. But like a lot of places, the public has been duped into voting against their own interests. I don’t want to hijack the thread, but it’s an issue that–if you care about it, you should be voting for Amtrak Joe. Public transportation needs to be part of the nation’s climate agenda, and the Criminal Cheetoh wants to sacrifice us all on the altar of petrol.

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