Short Circuit 408 | Get Off My Beach cover art

Short Circuit 408 | Get Off My Beach

Short Circuit 408 | Get Off My Beach

Listen for free

View show details

About this listen

 In the early days of the COVID pandemic, a county in Florida thought it was a good idea to keep people off of the beach. Even if they owned it. The beach owners were not able to access their beaches for weeks—although local police could. And did. The owners went to court and now, years later, the Eleventh Circuit has ruled that that was a taking under the Fifth Amendment to the U.S. Constitution. IJ’s An Altik takes us beachcombing. But first, Diana Simpson of IJ walks us through a fascinating concurrence from the Fifth Circuit about certification. That is the practice of lower federal courts asking state supreme courts what ambiguous state law actually “is.” One judge isn’t a fan and explains where the practice came from and why it’s now out of control. We get into the history of “general law” versus local law and what federal courts were originally designed to do. Stanford v. Brandon Nursing & Rehab. Ctr. Alford v. Walton County Cedar Point Nursery v. Hassid Bound By Oath episode discussing Erie
No reviews yet
In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.