SCOTUScast - Torres v. Madrid – Post-Decision SCOTUScast

On March 25, 2021, the Supreme Court decided Torres v. Madrid. This case arises out of an incident Roxanne Torres had with police officers in which she was operating a vehicle under the influence of methamphetamine and in the process of trying to get away, endangered the two officers pursuing her. In the process, one of the officers shot and injured her. Torres pleaded no contest to three crimes: (1) aggravated fleeing from a law enforcement officer, (2) assault on a police officer, and (3) unlawfully taking a motor vehicle.
In October 2016, she filed a civil-rights complaint in federal court against the two officers, alleging claims including excessive force and conspiracy to engage in excessive force. Construing Torres’s complaint as asserting the excessive-force claims under the Fourth Amendment, the court concluded that the officers were entitled to qualified immunity. In the court’s view, the officers had not seized Torres at the time of the shooting, and without a seizure, there could be no Fourth Amendment violation. The U.S. Court of Appeals for the Tenth Circuit affirmed.
In a 5-3 vote the Supreme Court vacated and remanded. The Court held that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. Justice Roberts wrote the majority opinion. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Barrett took no part in the consideration or decision of this case.
Kent Scheidegger, Legal Director and General Counsel, Criminal Justice Legal Foundation, joins us today to discuss this opinion.

Social Science Bites - Jim Scott on Resistance

When Jim Scott mentions ‘resistance,’ this recovering political scientist isn’t usually talking about grand symbolic statements or large-scale synchronized actions by thousands or more battling an oppressive state. He’s often referring to daily actions by average people, often not acting in concert and perhaps not even seeing themselves as ‘resisting’ at all.

The ‘problem’ with political scientists, he tells interviewer David Edmonds, in this Social Science Bites podcast, “is that when they’re talking about resistance they’re tending to talk about overt declarations – protests in the streets, marches, or potentially armed combat. What I’ve found is that throughout history, open resistance of this kind is impossible or suicidal. The result is a lot of what I call ‘unobtrusive forms of resistance.’”

There are, he notes, “very many different kinds of resistance: forms of resistance that announce themselves publicly and forms that are more subtle and unobtrusive in order to protect the people who are protesting from massive retaliation.”

He offers several examples of this unobtrusive resistance, such as poaching, squatting, and desertion - “common weapons of people who don’t have formal power.”

In this podcast, Scott draws on the year and half he spent in a Malaysian village, in the late 1970,s to discuss insights he gained about resistance (and which resulted in his Weapons of the Weak: Everyday Forms of Peasant Resistance). Scott learned the Malay language, acquainted himself with the local Kedah dialect, and studied first the rich and then the poor in this village. Mechanized, combine harvesters had taken over rice harvests in the area, leaving many people out of work and many tenants homeless. While there was no organized public protesting – that would have been foolhardy – he witnessed sabotage in the fields and ousted tenants killing the chickens of those who had evicted them.

In a “a subtle showing of contempt,” people who felt badly treated would look the other way when someone they hated crossed their path. “The kind of shunning was extraordinarily effective and humiliating in a face-to-face community of such a small size.” It reflected, in turn, the psychic violence done to the poor -- “Inequality and injustice almost always is reflected in a loss of cultural dignity and standing.”

Scott sees resistance from several vantage points in large part because he’s untethered himself from many academic restrictions, “defecting” from a discipline when he finds its approaches miss the point. He trained as a political scientist, for example, but as he saw how it studied elites and mass populations differently -- conducting social science “behind their backs,” as he put it -- he decamped to anthropology. ( But he argues every anthropologist should come with a historian strapped to their back.

“James Scott has taught us to see how art can fuel resistance, how social planning can undermine social justice, how anarchic principles inform everyday acts of resistance, and how agriculture led to the rise of state control,” said Tamar Szabó Gendler, the dean of Yale’s Faculty of Arts and Sciences, when the Social Science Research Council awarded him the Albert O. Hirschman Prize last year. 

CBS News Roundup - World News Roundup – 04/01

March ends with another mass shooting -- four dead including a child at a Southern California office building. Jurors view police body cam footage at the Derek Chauvin murder trial. New information from Pfizer on the longevity of its COVID-19 vaccine. Correspondent Steve Kathan has the CBS World News Roundup for Thursday, April 1, 2021:


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The Intelligence from The Economist - Cresting: India’s second covid-19 wave

Case numbers are on the rise—at a more worrying rate even than the first wave. We ask why, and what is being done to slow the spread. As revenues at wildlife-tourism spots have dried up, so has security—and now poaching is even more rampant than before. And scientists’ increasingly audacious bids to see around corners. 

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Bay Curious - Why There’s a Cross on San Francisco’s Highest Peak

For years, Bay Curious listeners Julia Thollaug and Phil Montalvo have wondered the same thing: "What's the deal with the cross on Mount Davidson?" This week, how a 103-foot tall concrete cross ended up on the city's highest peak. It's a story that goes back almost 100 years.

Additional Reading:


Reported by Suzie Racho. Bay Curious is made by Katrina Schwartz, Suzie Racho and Katie McMurran. Additional support from Brian Watt, Nina Thorsen, Erika Aguilar, Jessica Placzek, Kyana Moghadam, Paul Lancour, Carly Severn, Ethan Lindsey, Vinnee Tong and Don Clyde.

Everything Everywhere Daily - April Fool’s Day

Every day on April 1st, you have to be careful what you read and hear. This day, known to accounts as the beginning of the second quarter, is known to most people as April Fool’s Day. Why do we have a day where we try to trick people, and why does that day occur on April 1st? Learn more about April Fool’s Day on this episode of Everything Everywhere Daily.

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The Best One Yet - 🇬🇧 “Less Hermione, more Ron” — Deliveroo’s stock drop. Apple’s record label move. Walgreens’ profit puppy.

So are vaccines a profit puppy? Walgreens’ stock just jumped 4% because vaccines are the first ever twin profit puppy. Apple just whipped out its checkbook to invest in a startup killing the record label. And London-based Deliveroo was supposed to be Europe’s big 2021 tech IPO... but then it plummeted 26% on Day #1 of trading. $WBA $WMG $SNE $AAPL $UBER $GRUB $DASH $ROO Got a SnackFact? Tweet it @RobinhoodSnacks @JackKramer @NickOfNewYork Want a shoutout on the pod? Fill out this form: https://forms.gle/KhUAo31xmkSdeynD9 Got a SnackFact for the pod? We got a form for that too: https://docs.google.com/forms/d/e/1FAIpQLSe64VKtvMNDPGSncHDRF07W34cPMDO3N8Y4DpmNP_kweC58tw/viewform Learn more about your ad choices. Visit podcastchoices.com/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

What Next | Daily News and Analysis - LA’s Housing Crisis Hits A Boiling Point

Los Angeles’s Echo Park Lake is home to swan boats, running trails and space for members of it’s rapidly gentrifying community to gather during the pandemic. Up until last week, it was also home to over 100 people living in tents on the west side of the park. The encampment became the focal point of LA’s housing affordability crisis when the housed members of the Echo Park neighborhood called for it to be cleared. 


Guest: Benjamin Oreskes, metro report for the Los Angeles Times. 


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