Podcasts about rescission

The decades-long looting of the United States' treasury has been a bi-partisan undertaking. The American people must oppose blatant efforts to steal from them, their children and their grandchildren. Show Notes Twitter | Apple | Rumble | BitChute -------------------------------- Truth Quest Podcast Episodes Ep. 222 – The Truth About the Rescission of the First Amendment Ep. 231 – The Truth About the General Welfare Clause Ep. 228 – The Truth About the Twitter Files – The First Tranche Ep. 234 – The Truth About the Twitter Files - The Second Tranche Ep. 250 – The Truth About the Twitter Files - The Third Tranche Ep. 300 – The Truth About the Supreme Court-Endorsed Take Down of the First Amendment Ep. 308 – The Truth About Free Speech in America QUICK RANT – The DOGE Effect: The First Month Ep. 324 – The Truth About the Pop-up, Non-Profit Grift -------------------------------- Please support the podcast by shopping at the Truth Quest Shirt Factory. With each shirt design there will be an explanation of what to expect from those inquisitive or brave enough to ask you about it. In most cases there are links to podcast episodes that will deepen your understanding of the importance of each phrase. We hope you take the challenge of wearing these shirts in public. Rest assured that you will be well-equipped with the rhetorical tools to engage in conversation and/or debate.  Good luck! And thanks for supporting the Truth Quest Podcast!

Rescission, reconciliation, omnibus, appropriations...what does this mean for the future of our national debt? Everything! White House correspondent Ryan Schmelz takes us to school.

Ryan Schmelz, Fox News Radio Capitol Hill and White House Correspondent joins Ryan Wiggins to talk about all things White House from tax cuts to rescission package.

In this hour of the Mannie Frey Show Ryan Wiggins talks about feeling safe and political violence. Ryan Schmelz, Fox News Radio Capitol Hill and White House Correspondent to talk about all things White House from tax cuts to rescission package. Finally, Wiggins can not get over space.

Is Gavin Newsom....A Conservative?! And Mike's Word Of The Day: Rescission

In a Truth Social post on Thursday, President Donald Trump declared that "the golden age of America has just begun." He touted his administration's early successes and emphasized that his newly assembled cabinet is focused on cost-cutting measures and staffing decisions, with the Department of Government Efficiency — colloquially known as "DOGE" — playing a central role.According to Trump, his administration will take a "scalpel rather than the hatchet" approach to reducing government waste. He praised Elon Musk and DOGE for their efforts in streamlining operations, stating that his team would be conducting biweekly meetings to assess and refine their approach.However, the speed and aggressiveness of the administration's restructuring efforts have not gone unnoticed. Over the past 48 hours, there has been a discernible shift — a brake pumping, if you will — on the administration's initial velocity. Reports suggest that Attorney General Pam Bondi recently presented Trump with binders labeled Epstein files, only for him to realize that most of the information was already publicly available. The implication? There may be an effort to control the chaotic rollout of these reforms.Behind the scenes, Chief of Staff Suzy Wiles appears to be taking on a stabilizing role. She remains largely unquoted in the press, but her influence is evident. While no one can dictate Trump's decisions, if there is anyone capable of channeling his impulses into a more structured path, it is likely Wiles.The Challenge of Government ReformPolling data presents mixed signals for the administration's strategy. While government reform remains broadly popular, Elon Musk himself does not poll particularly well. Moreover, while fiscal responsibility is a winning message, mass firings are unpopular, especially when they disrupt essential services.Some of the layoffs initiated by DOGE have drawn minimal public sympathy, such as the widely ridiculed case of a Yosemite employee responsible for bathroom keys. But other cuts have raised alarm, like the reported downsizing at the National Weather Service. This agency is crucial not only for routine weather forecasts but also for emergency alerts, particularly with tornado and hurricane seasons approaching in the coming months.If the administration is now signaling a more measured approach, it may be an acknowledgment that they have tested the limits of public tolerance for aggressive government downsizing. Silicon Valley's ethos values rapid iteration, but that approach does not always translate well to governance. In the tech world, listing a feature that doesn't yet exist isn't necessarily misleading if it eventually becomes reality. However, in government, making sweeping announcements without a clear plan can create the perception of recklessness rather than innovation.This shift in tone suggests that the administration is attempting to move away from the narrative that it is slashing government with reckless abandon. Instead, the messaging now emphasizes precision: cutting waste while retaining key personnel and essential services. Whether this recalibration is enough to change the public perception is a question for another day.One clear indication of this shift is a new push in Congress. Senate Republicans are urging legislative action to codify DOGE's spending cuts, following a court ruling that limits the department's unilateral authority. While some lawmakers have praised Musk's efforts, others, including Senator Rand Paul, have cautioned that major spending cuts should be handled through Congress rather than executive fiat. Senator Lindsey Graham, a supporter of DOGE, has acknowledged its flaws and has encouraged a more structured approach through legislative rescission.The Coming Battle Over RescissionOne term that is about to become more prominent in political discourse is rescission. While it may sound similar to reconciliation, the two are entirely different budgetary mechanisms. Rescission allows the president to formally request that Congress cancel previously approved federal spending.Here's how the process works:* The president submits a rescission proposal to Congress, specifying funds to be cut.* Congress has 45 days of continuous session to approve the request. Importantly, approval only requires a simple majority in both chambers, meaning it bypasses the 60-vote Senate filibuster.* If Congress approves, the specified funds are canceled, preventing the executive branch from spending them. If Congress rejects or ignores the proposal, the funds remain intact.The significance of this approach is that it moves beyond the constitutional gray area of unilateral executive spending cuts. Instead of DOGE simply slashing budgets at the departmental level, rescission would put the matter before Congress, potentially giving the cuts more permanence.According to reports, Musk was convinced to support this approach after Lindsey Graham pointed out that any cuts made solely at the department level could easily be reversed by a future Democratic administration. A congressional rescission, however, would be far more difficult to undo.While this approach is unlikely to balance the budget overnight, it represents a strategic shift. It acknowledges the reality that sweeping cuts cannot be imposed without some level of congressional buy-in. The debate now moves to Capitol Hill, where budget hawks may find it difficult to oppose targeted spending reductions, even as Democrats push back.The Trump administration is attempting to walk a fine line: maintaining its image as bold reformers while avoiding the perception of recklessness. The rescission package will likely be controversial, and its success will depend on whether Trump and his allies can frame it as a necessary step toward fiscal responsibility rather than an indiscriminate assault on government programs.As this battle unfolds, the administration's challenge will be proving that it can not only take risks but also manage them effectively. Whether that message resonates with the public — and with Congress — will determine the next phase of Trump's government efficiency crusade.Chapters00:00:00 - Intro00:02:03 - Trump's DOGE Post00:08:25 - Codifying Rescission00:12:36 - Update intro00:13:43 - Al Green's Censure00:17:25 - Hunter Biden's Financial Struggles00:21:13 - More Tariff Twists00:24:47 - Interview with J.D. Durkin00:58:34 - Wrap-up This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.politicspoliticspolitics.com/subscribe

The theme (so far) of Trump's second administration has been shock and awe. This week, Chris and Eliana explain why you can't shock yourself in the process. Aside from the White House, they discuss Jim Acosta, The New York Times' audience, and dress shoe styles. Wretch on! Time Stamps: Front Page - 3:17 Obsessions - 42:43 Reader Mail - 52:01 Favorite Items - 54:45 Show Notes:  CNBC: White House says Trump funding freeze remains in effect despite rescinding OMB memo  The Atlantic: The Memo That Shocked the White House The New York Times: Justice Dept. Fires Prosecutors Who Worked on Trump Investigations AP News: Trump uses mass firing to remove independent inspectors general at a series of agencies  CNN: Trump DOJ appointee in DC lashes out after flurry of ‘personally insulting' leaks in his first week   CBS News: Transcript: Vice President JD Vance on "Face the Nation with Margaret Brennan," Jan. 26, 2025  The Atlantic: America Is Divided. It Makes for Tremendous Content.  Status News: Acosta La Vista  The Washington Free Beacon: EXCLUSIVE: Read Jim Acosta's Resignation Letter to CNN Axios: Trump's Colombia tariff threat raises fears on coffee prices  The Washington Post: Transgender soldiers date to the Civil War  The New York Times: Is There Still a Rule Against Wearing Brown Shoes With Blue Pants? The New York Times: The Pure Liberation of a Personal Urination Device - The New York Times  The Wall Street Journal: As a Rising Political Star, Gabbard Paid to Mask Her Sect's Ties to Alleged Scheme  @PleaseDontDestroy on Instagram: The New York Times coming up with emails to send you Forbes: This Former Billionaire, And New U.S. Senator, Is Now Broke The New York Times: The Return of the Lumbersexual

FortneyScott begins its series of webinars regarding Pres. Trump's Executive Orders.  This first focuses on the revocation of EO 11246.  Join David Fortney and Elizabeth Bradley as they review what employers need to know in navigating through these significant workforce changes.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/

Lecture 2 I. Performance and Breach Welcome back! Our second lecture will focus on how contracts are carried out, what constitutes breach, and how courts determine whether a party's performance is adequate. A. Performance Standards Parol Evidence Rule When a written contract is intended as a final expression, prior or contemporaneous statements that contradict the writing are generally inadmissible. Exceptions: Clarifying ambiguities, showing fraud or duress, or establishing a separate oral agreement. Conditions Express Conditions: Must be strictly performed (e.g., “payment upon receipt of goods”). Implied/Constructive Conditions: Courts may excuse minor deviations if there is substantial performance. B. Performance under Common Law vs. UCC Common Law Substantial Performance: Minor deviations do not necessarily excuse the other party's performance, but may allow for damages. UCC Perfect Tender Rule Under UCC Article 2, sellers must deliver goods exactly as specified; any deviation can be rejected (unless seller has time to cure). II. Breach of Contract Material vs. Minor Breach Material Breach: Excuses the non-breaching party from performance and may allow them to sue for total breach. Minor Breach: Non-breaching party must still perform but can seek damages for the shortfall. Anticipatory Repudiation When a party indicates they will not perform before performance is due, the other party may treat it as a breach or wait for performance. III. Remedies A. Damages Expectation Damages The usual measure, placing the injured party in the position they would have been in had the contract been performed. Consequential (Special) Damages Foreseeable losses beyond direct expectation damages (lost profits, etc.). Must be known or reasonably foreseeable to the breaching party. Reliance Damages Reimburses the non-breaching party for expenses incurred in reliance on the contract when expectation damages are too uncertain. Restitution Prevents unjust enrichment; may apply when a contract is rescinded or unenforceable. B. Equitable Remedies Specific Performance Court orders actual performance (often for unique goods or real estate). Injunction Prohibits a party from doing something in breach. Commonly used with non-compete clauses if reasonable in scope. Rescission and Reformation Rescission: Voids the contract, returning parties to their pre-contract positions. Reformation: Corrects a written instrument to reflect the true agreement when there is a mutual mistake.

In this episode, host Sloan Simmons engages with Lozano Smith's student law experts Ed Sklar and Josh Whiteside regarding applicable laws, guidance, and anticipated developments regarding immigration enforcement and schools under the new presidential administration.  The group discusses the similar focus on this issue dating back to 2017-2018, what happened then, resulting California laws and guidance on point, and anticipated changes at the federal level that will impact California schools. Show Notes & References 2:01 – Immigration enforcement and impact on public school students 4:56 – Recent events unfolding and preparing for change 7:01 – Sanctuary school districts and schools 8:03 – State Senate Bill 54 (Identified California as a sanctuary state) (Client News Brief 75 - November 2017) 12:15 – 2017 Nationwide Injunction 13:59 – Legal obligations for school districts (Plyler v. Doe (1982) 457 U.S. 202) 15:17 – State law and policies (Assembly Bill 699) (Client News Brief 64 - October 2017) 17:36 – California Attorney General guidance (Client News Brief 1 - January 2025) 18:27 – Potential consequences for sanctuary school districts 20:10 – October 2021 Department of Homeland Security “Protected Areas” memorandum 22:15 – February 20, 2017 Department of Homeland Security memorandum 28:22 – Expectations going forward 31:41 – Comparisons to 2017 and what districts can do now 37:07 – UPDATE 1/22/25! - Important post-inauguration update January 20, 2025 Executive Order “Protecting the American People Against Invasion” January 21, 2025 Statement from Department of Homeland Security regarding Rescission of “Protected Areas” memorandum January 21, 2025 Department of Justice Memorandum on Changes regarding Immigration Enforcement   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Week 4 Lecture: Remedies and Third-Party Issues in Contract Key Themes: Remedies for Breach of Contract: When a party breaches a contract, the law provides various remedies to compensate the non-breaching party. Third-Party Issues in Contract Law: This section explores situations where individuals or entities not originally party to a contract may have enforceable rights or obligations. Most Important Ideas/Facts: Part I: Remedies for Breach of Contract Legal Remedies (Monetary Damages):Compensatory Damages: Aim to put the non-breaching party in the position they would have been in had the contract been performed. Includes expectation damages (covering expected benefits) and incidental damages (additional expenses due to breach). Consequential Damages: Cover indirect losses foreseeable at the time of contract formation. Ex: Lost profits due to a supplier's breach (illustrated in Hadley v. Baxendale). Nominal Damages: Small sums awarded when breach occurred but caused no significant loss, affirming the violation of the plaintiff's rights. Liquidated Damages: Pre-determined amounts agreed upon by parties for specific breaches. Must be a reasonable estimate of actual damages and not a penalty. Limitations on Monetary Damages:Foreseeability: Damages must have been foreseeable to the breaching party (Hadley v. Baxendale). Certainty: Damages must be proven with reasonable certainty, not speculative. Duty to Mitigate: Non-breaching party must take reasonable steps to minimize their losses. Equitable Remedies: Granted when monetary damages are inadequate. Specific Performance: Compels breaching party to fulfill their obligations, often used for unique goods or real property. Injunctions: Prohibit a party from performing a specific act or compel them to act, often used to enforce negative covenants like non-compete clauses. Rescission and Restitution: Rescission cancels the contract, releasing both parties. Restitution restores the non-breaching party to their pre-contract position by requiring the breaching party to return benefits received. Restitutionary Remedies: Focuses on preventing unjust enrichment of the breaching party, applied in quasi-contract situations or when no formal contract exists. Part II: Third-Party Issues in Contract Law Third-Party Beneficiaries: Someone who benefits from a contract's performance but is not a party to it. Intended Beneficiaries: Explicitly named or contemplated to receive benefits and can enforce the contract once their rights vest. Ex: Life insurance beneficiary. Incidental Beneficiaries: Benefit indirectly but have no enforcement rights. Ex: Neighbor benefitting from homeowner's landscaping contract. Vesting of Rights (Intended Beneficiaries): Rights vest when the beneficiary: Accepts the benefit. Relies on the benefit. Sues to enforce the contract. Assignment and Delegation:Assignment: Transferring contractual rights to a third party (assignee), who can then enforce those rights against the obligor. Delegation: Transferring contractual duties to a third party. Delegating party remains liable unless there's a novation. Restrictions on Delegation: Duties involving personal skill, trust, or unique discretion cannot be delegated. Novation: Replaces an original party with a new one, releasing the original party from liability. Requires: A valid contract. Agreement of all parties. Intent to release the original party. Part III: Case Studies and Applications Remedies in Real Property Contracts: Specific performance often granted due to the unique nature of real estate. Third-Party Beneficiaries in Commercial Contracts: Lawrence v. Fox established the enforceability of intended third-party beneficiary rights. Limitations on Assignment: Franchise agreements often prohibit assignment without consent. Quotes: "When a contract is breached, remedies are the mechanisms the law uses to compensate the non-breaching party or enforce the agreement." "Damages must have been foreseeable to the breaching party at the time of contract formation (Hadley v. Baxendale)." "Equitable remedies are available when monetary damages are inadequate to compensate for the breach." "An intended beneficiary's rights vest when they: Accept the benefit, Rely on the benefit, or Bring a suit to enforce the contract." Conclusion: This lecture provided a comprehensive overview of remedies for breach of contract and the intricacies of third-party involvement. Understanding these concepts is crucial for analyzing contractual disputes and advocating for clients' rights. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Contract Law - Performance, Breach, and Discharge Core Concepts: Contract Interpretation: The process of determining the meaning of contract terms (both express and implied) using established rules and contextual evidence. Conditions and Performance: Understanding how conditions influence contractual duties, differentiating conditions from promises, and applying the substantial performance doctrine. Breach and Remedies: Categorizing breaches as material or minor, exploring available remedies (e.g., damages, specific performance, rescission), and understanding the implications of anticipatory repudiation. I. Contract Terms and Interpretation: Express Terms: Explicitly stated in the contract (written or verbal). Example: "Contractor will complete renovation by June 30th." Implied Terms: Not explicitly stated but assumed by law. Implied in Fact: Based on parties' conduct or circumstances. Example: Plumber using reasonable care and materials. Implied in Law: Inserted by courts to ensure fairness or fill gaps. Example: Employer providing a safe working environment. Rules of Contract Interpretation: Plain Meaning Rule: Clear wording is interpreted based on its ordinary meaning. Contra Proferentem: Ambiguity is interpreted against the drafting party. Specific Terms vs. General Terms: Specific terms prevail over general terms in case of conflict. Usage of Trade, Course of Dealing, and Course of Performance: Contextual evidence used to clarify unclear terms. II. Conditions and Performance Obligations: Conditions: Events that must occur for a party's performance to become due. Conditions Precedent: Events that must happen before an obligation arises. Example: Buyer securing financing before the seller transfers ownership. Conditions Subsequent: Events that terminate an existing obligation. Example: Contract termination if new legislation renders its purpose illegal. Concurrent Conditions: Both parties perform simultaneously. Example: Seller delivers goods while buyer makes payment. Conditions vs. Promises: Conditions: Non-fulfillment relieves the obligated party from performing. Promises: Covenants that must be performed regardless of conditions. Failure may lead to damages. Substantial Performance Doctrine: Allows a party who has largely completed their obligations to enforce the contract, even with minor incompletions. III. Breach of Contract and Anticipatory Repudiation: Types of Breach: Material Breach: Significant failure that undermines the contract's essence. Non-breaching party can terminate and seek damages. Example: Supplier fails to deliver a critical component for production. Minor Breach: Less serious breach that does not substantially affect the contract's value. Non-breaching party must still perform but may seek damages. Example: Contractor installs a different but equally good countertop. Remedies for Breach: Damages: Compensatory: Cover direct losses. Consequential: Cover foreseeable losses caused by the breach. Nominal: Small damages awarded when no significant loss is proven. Liquidated: Pre-agreed amounts for specific breaches. Specific Performance: Court orders breaching party to perform obligations (usually for unique goods or real estate). Rescission and Restitution: Contract cancellation and return to pre-contract positions (often in cases of voidable contracts). Anticipatory Repudiation: One party indicates in advance they will not perform their obligations. Non-breaching party can treat this as an immediate breach or wait for performance. Key Takeaways: Accurate interpretation of contract provisions is essential, applying established rules and using contextual evidence. Understanding the distinction between conditions and promises is crucial, as it directly affects available remedies. A material breach significantly undermines the contract, allowing the non-breaching party to terminate and seek damages. Anticipatory repudiation occurs when a party indicates in advance their intention not to perform. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Join us today as we discuss the rescission period. The market is getting faster again. What is the rescission period and how does it affect buyers and sellers?

Filipino-American heritage and perspective is important not only for Filipino American Heritage Month, but also for American and World History. Check out the NBC Article here: https://www.nbcnews.com/news/asian-america/forgotten-battle-thousands-wwii-veterans-are-still-fighting-n520456 --- Support this podcast: https://podcasters.spotify.com/pod/show/natalye-harpin/support

In this episode we cover recent proclamations for the end of free speech by prominent members of the doomsday cult, formerly known as the Democratic Party.  This is followed by a laundry list of types of speech that are protected by the First Amendment (at least in America).  Finally, we briefly examine the historical record when it comes to violations of free speech; from John Adams and Abe Lincoln to Woodrow Wilson and Oliver Wendell Holmes; finally coming to rest in modern-day America with one of the major political parties running, what can only be described as, a censorship industrial complex. Show Notes Instagram  |  Truth Social  |  GETTR  |  Twitter  |  GAB  |  Apple |  Rumble  |  BitChute -------------------------------- Truth Quest Podcast Episode 300 - The Truth About the Supreme Court-Endorsed Take Down of the First Amendment Episode 250 - The Truth About the Twitter Files - The Third Tranche Episode 234 - The Truth About the Twitter Files - The Third Tranche Episode 228 – The Truth About the Twitter Files - The Third Tranche Episode 222 – The Truth About the Rescission of the First Amendment Episode 126 – The Truth About Big Tech Censorship Episode 99 – The Truth about Abraham Lincoln - Part I Episode 98 – The Truth about Abraham Lincoln - Part II Episode 76 – The Truth About Hate Speech Episode 16 – The Truth About the Supreme Court -------------------------------- Support the podcast by shopping at the Truth Quest Shirt Factory. Check out the shirt inspired by this episode: Free Speech includes. . . With each shirt design there is an explanation of what to expect from those inquisitive or brave enough to ask you about it. In most cases there are links to podcast episodes that will deepen your understanding of the importance of each phrase.  We hope you take the challenge of wearing these shirts in public and to family gatherings. You will be well-equipped with the rhetorical tools to engage in conversation and/or debate.  Good luck! And thanks for supporting the Truth Quest Podcast! -------------------------------- Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The Truth Quest Podcast Patron Page

Summary of Chapter 5: Performance and Breach. Chapter 5 provides a comprehensive analysis of performance and breach in contract law, detailing the conditions under which contractual obligations are considered fulfilled and the various forms of breach that can occur. Understanding these concepts is crucial for navigating contractual relationships and resolving disputes. Performance Performance refers to the fulfillment of contractual obligations as agreed upon by the parties. Performance can be categorized into: Complete Performance: Definition: Complete performance occurs when all terms of the contract are fully satisfied without deviations. Implications: Complete performance discharges the performing party's obligations and entitles them to full payment. Substantial Performance: Definition: Substantial performance occurs when a party fulfills enough of their contractual obligations to warrant payment, despite minor deviations. Implications: The contractor is entitled to payment, minus any damages for the minor deviation. Divisibility of Contracts: Definition: A divisible contract is one where performance can be divided into separate parts, each with its own performance obligations and payments. Implications: Divisible contracts allow for partial enforcement and compensation for each completed part of the contract. Breach of Contract A breach of contract occurs when one party fails to perform their contractual obligations without a valid legal excuse. Breaches can be classified as: Material Breach: Definition: A material breach is a significant failure to perform that permits the other party to terminate the contract and seek damages. Implications: The non-breaching party can terminate the contract and sue for damages. Minor Breach: Definition: A minor breach is a slight deviation from the terms that does not significantly impact the contract's overall purpose. Implications: The non-breaching party can seek damages but must still perform their obligations. Anticipatory Repudiation: Definition: Anticipatory repudiation occurs when one party indicates they will not perform their contractual obligations before the performance is due. Implications: The non-breaching party can treat the contract as breached and seek remedies immediately. Remedies for Breach When a breach occurs, various remedies are available to address the harm caused. These remedies can be categorized into legal and equitable remedies. Legal Remedies (Damages): Compensatory Damages: Aim to put the non-breaching party in the position they would have been in if the contract had been performed. Consequential Damages: Cover indirect and foreseeable losses caused by the breach. Punitive Damages: Intended to punish the breaching party for particularly egregious behavior and deter future misconduct. Nominal Damages: Awarded when a breach occurs but the non-breaching party has not suffered any actual loss. Example: A symbolic $1 is awarded to acknowledge the breach. Liquidated Damages: Pre-determined amounts specified in the contract to be paid in the event of a breach. Equitable Remedies: Specific Performance: Requires the breaching party to perform their contractual obligations. Typically used when monetary damages are inadequate. Injunctions: A court order preventing a party from performing a specific act that would breach the contract. Rescission and Restitution: Cancels the contract and restores the parties to their pre-contract positions. Reformation: Modifies the contract to reflect the true intentions of the parties. Mitigation of Damages Mitigation of damages requires the non-breaching party to take reasonable steps to minimize the losses resulting from the breach. This duty impacts the extent of recovery that the non-breaching party can claim. Duty to Mitigate: Definition: Requires the non-breaching party to take reasonable actions to reduce the losses caused by the breach. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Tuesday June 4, 2024 Ripe for Rescission: A Cost-Benefit Analysis of U.S. ICBMs

This session of the radio show shares the audio recording of the Franklin, MA Town Council FY 2025 Budget Hearing #1 conducted on Wednesday, May 22, 2024. All nine members of the Council were present.Adoption of FY 2025 budget Moved, second, passes 9-0 Resolution 24-29: MECC Stabilization Account Transfer to MECC Appropriation FY25 - Moved, second, passes 9-0Resolution 24-30: Salary Schedule: Full-Time Elected Official - Moved, second, passes 9-0Resolution 24-31: Expenditure Limits for FY2025 on Departmental Revolving Funds Established by Franklin Town Code Chapter 73, as Provided in MGL Chapter 44, §53E½, as Amended, Moved, second, passes 9-0Resolution 24-32: Creation of Snow & Ice Stabilization Fund, as Authorized by G.L. Chapter 40, Section 5B and Transfer of Funds Thereto. 2/3 required, Moved, second, passes 9-0Resolution 24-33: Creation of Property Acquisition Stabilization Fund, as Authorized by G.L. Chapter 40, Section 5B and Transfer of Funds Thereto - Moved, second, passes 9-0Resolution 24-26: Community Preservation Fund: Annual Appropriations and Reservations - Moved, second, passes 9-0Admin account as an example could be used for appraisal if neededResolution 24-27: FY25 Community Preservation Appropriation of Funds-CapitalDiscussion around the use of the CPA funds for the historical preservation for the Old South Church, some not so convinced of it ... Also discussion around the Pleasant St affordable housing … It is deed restricted, Moved, second, passes 9-0Resolution 24-34: Rescission of Unissued Balances of Authorizations to Borrow Moved, second, discussion. Mostly a house cleaning resolution, to clear the books before reissuing new borrowing. Estimates are currently severely out of date and will be redone as needed. This is no "money" it is unexecuted borrowing authorizations, we did have an approval to do so but either grants covered or as estimates were outdated can't be done now - Moved, second, Passes 9-0Resolution 24-35: Authorizing the Borrowing of Money to Pay Costs of Various Renovations to Remington/Jefferson and Horace Mann Schools - Moved, second, discussion, Related to one of the earlier items, this is a current and more accurate funding request. Amendment to make modifications as discussed to add Middle School throughout, and change improve to approve in #2 moved, second, passes 9-0 for amendment, Moved, second as amended passes 9-0By-Law Amendment 24-910: Chapter 82, Municipal Service Fees Bylaw to Amend the Code of the Town of Franklin at Chapter 82, Water Usage Rates - First Reading, Moved, second, discussion - Water rate increases needed for PFAS mitigations per EPA requirements at a 1.5% loan rate Moving to second reading, passes 9-0By-Law Amendment 24-911: Chapter 82, Municipal Service Fees Bylaw to Amend the Code of the Town of Franklin at Chapter 82, Curbside Trash Fee - First Reading, Moved, second, discussion History of the curbside fees"it is cheaper to burn trash than to recycle" tipping costs are likely to continue to increase, in negotiation for new contracts so there may be future increases, Moving to second reading, Passes 9-0By-Law Amendment 24-912: Chapter 82, Municipal Service Fees Bylaw to Amend the Code of the Town of Franklin at Chapter 82, Stormwater Service Charge - First ReadingMoved, second, discussion - Moving to second reading, passes 9-0Town Administrator reportShannon Nisbett certified by the state as a veteran services officers Award for safety trainingMore artsy boxes being painted around town Carlos Rebelo awarded manager of the yearPodcast talks about mental

BCREA Advocating For Pre-Offer Period To Replace Rescission Period Guest: Doug Gibson - Real estate agent From Stilhavn Real Estate Services 

Government power and control can be explained in the form of an equation. It is negatively correlated with our level of liberty and freedom. The only way government acquires it is by taking it from us. Unfortunately for government, in America, the default position (of the majority) is maximum liberty and freedom. In order to grow their power and control, they must steal our liberty and freedom or we sheepishly surrender it to them. So called crises (both real and manufactured) are used as opportunities for government to extract our liberty and freedom.  Show Notes Instagram  |  Truth Social  |  GETTR  |  Twitter  |  GAB  |  Rumble  |  BitChute -------------------------------- Truth Quest Podcast Episode #211 – The Truth About Inflation in Under 15 Minutes Episode #222 – The Truth About the Rescission of the First Amendment Episode #228 – The Truth About the Twitter Files - The First Tranche Episode #234 – The Truth About the Twitter Files - The Second Tranche Episode #250 – The Truth About the Twitter Files - The Third Tranche Episode #255 – The Truth About Government Censorship - Missouri v. Biden Episode #266 – The Truth About the Ends Justify the Means Episode #287 – The Truth About Democrats Battle with Reality Secession: Episode #87 - The Truth About Opposition to Secession - Part I Episode #88 - The Truth About Opposition to Secession - Part II Episode #110 - The Truth About How to Save America from Itself Episode #128 - The Truth About Opposition to Secession Episode #192 - A Practical Guide to State Secession  -------------------------------- Grab your Truth Quest Merchandise at The Truth Quest Shirt Factory: With each shirt design there will be an explanation of what to expect from those inquisitive or brave enough to ask you about it. In most cases there are links to podcast episodes that will further deepen your understanding of the importance of each phrase.  We hope you take the challenge of wearing these shirts in public and to family gatherings. Don't worry! You will be well-equipped with the rhetorical tools to engage in conversation and/or debate.  Good luck! And thanks for supporting the Truth Quest Podcast! Check out the "Taxation is Theft and Inflation is a Hidden Tax" shirt partially inspired by this episode. -------------------------------- Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The Truth Quest Podcast Patron Page

1. Damages. Damages are monetary compensation awarded to a party who has suffered loss or harm due to another party's breach of contract. They are intended to put the injured party in the position they would have been in if the contract had been performed as agreed. Compensatory Damages. Definition: Compensatory damages are intended to compensate the non-breaching party for the loss of the bargain. Calculation: These damages are calculated based on the actual loss incurred and the expected benefit of the contract. Hawkins v McGee (1929): Often cited in law schools, this case involved a breach of a surgery contract, demonstrating the calculation of compensatory damages as the difference between the promised result and the actual result. Consequential Damages (Special Damages). Definition: Consequential damages are awarded for losses that do not flow directly from the breach but result from the non-breaching party's unique circumstances. Requirements: The breaching party must have known or had reason to know that such damages would result from the breach at the time the contract was made. Hadley v Baxendale (1854): This seminal case established the principle that consequential damages must be foreseeable and directly related to the breach. Punitive Damages. Rarity in Contract Law: Punitive damages are rare in contract law and are typically awarded only when the breach involves a tort, such as fraud. Purpose: They are intended to punish the breaching party and deter future misconduct. Nominal Damages. Symbolic Award: Nominal damages are a small monetary amount awarded when a breach has occurred, but the non-breaching party has not suffered a quantifiable financial loss. Significance: They are significant in establishing that a breach occurred, even if no actual damages resulted. 2. Equitable Remedies. Equitable remedies are non-monetary and are awarded when monetary damages are insufficient to remedy the harm caused by a breach. Specific Performance. Definition: Specific performance is an order by the court requiring the breaching party to perform their obligations under the contract. Applicability: It is typically used in cases involving unique goods or property, where monetary damages would be inadequate. Limitations: Courts are hesitant to order specific performance in contracts for personal services to avoid involuntary servitude. Injunctions. Definition: An injunction is a court order directing a party to do or refrain from doing a specific act. Use in Contract Law: Injunctions may be used to prevent a party from breaching a contract or to stop ongoing breaches. Rescission. Definition: Rescission is the cancellation of the contract, with both parties returning any benefits received under the contract. Grounds for Rescission: It can be granted in cases of misrepresentation, fraud, mistake, duress, or undue influence. 3. Liquidated Damages and Penalty Clauses. Liquidated Damages. Definition: Liquidated damages are a specific sum agreed upon by the parties at the time of contract formation as a reasonable estimation of damages in the event of a breach. Enforceability: To be enforceable, the amount must be a reasonable forecast of the probable loss and not a penalty. Penalty Clauses. Distinction from Liquidated Damages: Penalty clauses are not enforceable because they are intended to punish the breaching party rather than to compensate the non-breaching party for losses. Determining a Penalty: A clause is likely a penalty if the liquidated damages are excessively high compared to the actual harm. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Sandy Beach Sand Movements Being Discussed with NSW Fisheries.  Why Is Dubbo Letting Surrounding Areas Snare the Big Football and Cricket Matches?  Wellington Residents and Dubbo Residents Are Still Paying Different Amounts for Water and Sewer Seven Years after the Amalgamation. Is It Time to Fix This?  News from the Latest Developers' Forum.  The Macquarie River Master Plan Will Be Considered at the Council Meeting This Week.  A Report Has Been Completed That Analyses Short-Term Worker Accommodation Requirements.  World's First DNA Database to Combat Littering – or Is It Just a Joke?  Council Has Made a Final Decision on Supporting the Macquarie Conservatorium of Music.  Controversy Surrounding the Macquarie Lions Park Amenities Block Being Demolished.  Ten Years for the CATO Vision to Be Realised.  Official Opening of the Archibald Finalists Exhibition at the WPCC.  Dubbo to Host NSW Touch Junior State Cup (Northern Conference) for the Next Three Years.  Latest Mayoral Memo Article Focuses on Section 226 of the Local Government Act.  3D Printing Becomes a Spectator Sport in Dubbo.  Parkinson's Law of Triviality Pops up in Discussions This Week.  New Council Chamber Officially Opened.  International Aerial Firefighting Conference Held in Dubbo.  Expansion Announced for the Central West Orana Renewable Energy Zone.  Job Description for Councillors and Mayors.  Bowls NSW Met with Dubbo Clubs to Start Planning the State Championships for 2024.  Details of All Current and Planned Renewable Projects in the Region.  Mayoral Developers' Forum.  Official Opening of the 3D Printed Amenities Block.  Rescission of Land Swap Deal with the Dubbo RSL Memorial Club.  Unique Community Leaders' Meeting Well Attended.  Launch of the New Dubbo Visitor Guide.  Renewable Energy Awareness and Career Training (REACT) Centre.  Another Successful New Resident Evening Was Held This Week.  Is It True That the Mayor Is Trying to Improve His parkrun Times with 510m of New Concrete Pathway?  Are the 3D Printed Toilets in Danger of Being Deemed Structurally Unsound?  REACT Centre (Renewable Energy Awareness and Career Training Centre) Business Case Is Garnering Significant Interest from Various Stakeholders.  Official Opening of the RFS Aviation Centre of Excellence.  New Exhibits at the Old Dubbo Gaol.  Questions Asked about the 3D Printed Toilets at Macquarie Lions Park West. 

Damages: Compensatory, Consequential, and Incidental. Introduction to Damages. Damages are the primary remedy for a breached contract, aiming to compensate the non-breaching party for their losses. The types of damages include: Compensatory Damages: Direct losses suffered as a result of the breach. These aim to put the non-breaching party in the position they would have been in if the contract had been performed. Consequential Damages: Also known as special damages, these are indirect losses that result from the breach but were foreseeable at the time of contract formation. Incidental Damages: Additional costs incurred to avoid further loss after the breach. Calculating Damages. Understanding how damages are calculated is crucial: Direct and Proximate Cause: Damages must be a direct result of the breach and reasonably foreseeable. Certainty: Damages must be quantifiable and certain, not speculative. Mitigation: The non-breaching party has a duty to mitigate damages by taking reasonable steps to minimize losses. Specific Performance. Overview of Specific Performance. Specific performance is an equitable remedy where the court orders the breaching party to fulfill their contractual obligations. It is typically available when monetary damages are inadequate, such as in the sale of unique goods or real estate. Feasibility: Courts consider whether specific performance is practical and feasible. Discretion of the Court: Courts have discretion in granting specific performance based on fairness and the nature of the contract. Restitution and Rescission. Restitution. Restitution involves restoring the non-breaching party to their pre-contract position. This can include returning any benefits or consideration received. Rescission. Rescission involves canceling the contract and restoring the parties to their pre-contract status. This may occur due to fraud, misrepresentation, or other factors. Landmark Case: Lumley v Wagner (1852). The case of Lumley v Wagner is illustrative of the court's power to grant specific performance. In this case, an injunction was issued to prevent a singer from performing at a rival venue, enforcing specific performance of an exclusive contract. Conclusion. A nuanced understanding of the remedies for breach of contract is essential for law students and legal practitioners. By grasping the principles of compensatory, consequential, and incidental damages, understanding the conditions for specific performance, and recognizing the concepts of restitution and rescission, students and lawyers can provide effective legal counsel in a variety of contract-related disputes. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Free speech is NOT a right granted by government. It is a natural, God-given right that governments either protect or violate. Your level of liberty and freedom is directly correlated to the level of free speech in your society. Show Notes Instagram  |  Truth Social  |  GETTR  |  Twitter  |  GAB  |  Rumble  |  BitChute Select Subcommittee on the Weaponization of the Federal Government Why Fans of Censorship are Obsessed with Stories About Yelling Fire in a Theater Truth Quest Podcast Episode #222 – The Truth About the Rescission of the First Amendment Episode #228 – The Truth About the Twitter Files - The First Tranche Episode #234 – The Truth About the Twitter Files - The Second Tranche Episode #250 – The Truth About the Twitter Files - The Third Tranche Episode #255 – The Truth About Government Censorship - Missouri v. Biden Episode #262 – The Truth About Bullshit Arguments Episode #270 – The Truth About the Political Spectrum -------------------------------- Grab your Truth Quest Merchandise at The Truth Quest Shirt Factory: With each shirt design there will be an explanation of what to expect from those inquisitive or brave enough to ask you about it. In most cases there are links to podcast episodes that will further deepen your understanding of the importance of each phrase.  We hope you take the challenge of wearing these shirts in public and to family gatherings. Don't worry! You will be equipped with the rhetorical tools to engage in conversation and/or debate.  Good luck! And thanks for supporting the Truth Quest Podcast! Check out these two Truth Quest Shirt Factory shirts inspired by this episode: Disinformation is FREE SPEECH The World Needs More Free Speech, NOT Less! Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The Truth Quest Podcast Patron Page

Introduction to Monetary Damages. Monetary damages, also known as compensatory damages, are the most common remedy for breach of contract. They aim to compensate the non-breaching party for their actual losses resulting from the breach. It's essential to understand the key principles of monetary damages: Direct Losses: Compensatory damages cover direct losses, such as the cost of completing the contract with another party. Foreseeability: Damages must have been foreseeable at the time of contract formation to be recoverable. Types of Monetary Damages. Monetary damages can take various forms, and it's crucial to comprehend the distinctions between them: General Damages: General damages compensate for the direct and natural losses that flow from the breach. They don't need to be specifically foreseeable but must arise in the usual course of events. Special Damages (Consequential Damages): Special damages go beyond direct losses and include additional costs or losses that result indirectly from the breach. Law students should understand the principles of consequential damages: Foreseeability: Like compensatory damages, consequential damages must have been foreseeable at the time of contract formation. Causation: There must be a clear causal link between the breach and the consequential damages. Incidental Damages: Incidental damages are the additional costs incurred by the non-breaching party as a result of the breach. These damages are typically recoverable when they are reasonably incurred to mitigate losses. Specific Performance. Introduction to Specific Performance. Specific performance is an equitable remedy available when monetary damages are inadequate to compensate for the breach. This remedy requires the breaching party to perform their contractual obligations. Law students should understand the key aspects of specific performance: Availability: Specific performance is typically available for contracts involving unique goods or services where monetary compensation would not adequately remedy the breach. Court Discretion: Courts have discretion in granting specific performance, considering factors like feasibility, fairness, and the unique nature of the contract. Restitution and Rescission. Restitution. Restitution is a remedy aimed at restoring the parties to their pre-contract positions. Law students should understand the principles of restitution: Return of Benefits: Restitution often requires the parties to return any benefits or consideration they received under the contract. Rescission. Rescission is the process of canceling or undoing a contract. It can occur by mutual agreement of the parties or by court order, typically due to factors like fraud, misrepresentation, or lack of capacity. Landmark Case: Lumley v Wagner (1852). The case of Lumley v Wagner is a notable example of specific performance. In this case, a singer contracted to perform exclusively at a particular venue. She later agreed to sing at a rival venue, breaching the exclusive contract. The court granted an injunction to prevent her from performing at the rival venue, enforcing specific performance of the contract. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

In this chapter, we will explore the various remedies available to parties in cases of breach of contract. Remedies serve to compensate the non-breaching party for their losses and aim to restore them, as much as possible, to the position they would have been in had the contract been fully performed. Damages: Compensatory, Consequential, and Incidental. Compensatory Damages. Compensatory damages are the most common form of remedy for breach of contract. These damages aim to compensate the non-breaching party for their actual losses resulting from the breach. Key points include: Direct Losses: Compensatory damages cover direct losses, such as the cost of completing the contract with another party. Foreseeability: Damages must have been foreseeable at the time of contract formation to be recoverable. Consequential Damages (Special Damages). Consequential damages, often referred to as special damages, go beyond direct losses and include additional costs or losses that result indirectly from the breach. Law students should understand the principles of consequential damages: Foreseeability: Like compensatory damages, consequential damages must have been foreseeable at the time of contract formation. Causation: There must be a clear causal link between the breach and the consequential damages. Incidental Damages. Incidental damages are the additional costs incurred by the non-breaching party as a result of the breach. These damages are typically recoverable when they are reasonably incurred to mitigate losses. Specific Performance. Specific performance is an equitable remedy that may be available when monetary damages are inadequate to compensate for the breach. Law students should understand the key aspects of specific performance: Availability: Specific performance is typically available for contracts involving unique goods or services where monetary compensation would not adequately remedy the breach. Court Discretion: Courts have discretion in granting specific performance, considering factors like feasibility, fairness, and the unique nature of the contract. Restitution and Rescission. Restitution. Restitution is a remedy aimed at restoring the parties to their pre-contract positions. Law students should understand the principles of restitution: Return of Benefits: Restitution often requires the parties to return any benefits or consideration they received under the contract. Rescission. Rescission is the process of canceling or undoing a contract. It can occur by mutual agreement of the parties or by court order, typically due to factors like fraud, misrepresentation, or lack of capacity. Landmark Case: Lumley v Wagner (1852). The case of Lumley v Wagner is a notable example of specific performance. In this case, a singer contracted to perform exclusively at a particular venue. She later agreed to sing at a rival venue, breaching the exclusive contract. The court granted an injunction to prevent her from performing at the rival venue, enforcing specific performance of the contract. Conclusion. Understanding the remedies for breach of contract, including compensatory, consequential, and incidental damages, specific performance, and restitution and rescission, is essential for law students. By recognizing when each remedy is applicable and the principles governing their use, students can provide valuable legal counsel in contract-related disputes. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

On this episode of “Don't Take No for an Answer,” Lynda A. Bennett and Eric Jesse explain the policy procurement process, highlighting a disturbing trend they have observed lately where insurers attempt to rescind policies after a claim is made against their insureds! The hosts talk about the rights and remedies that policyholders have when their insurer tries to declare their policy null and void due to a supposed misrepresentation in the policyholder's application or warranty letter. Speakers: Lynda A. Bennett, Partner and Chair, Insurance RecoveryEric Jesse, Partner, Insurance Recovery

After purchasing a home, listener Ryan says they now regret it and miss the cash cushion they used to have. What can they do now? Katie and Henah run through the various scenarios—and how universal the feeling of "buyer's remorse" can be, even with housing. Welcome back to #RichGirlRoundup, Money with Katie's weekly segment where Katie and MWK's Executive Producer Henah answer your burning money questions. Each month, we'll put out a call for questions on her Instagram (@moneywithkatie). New episodes every week. Reminder: While we love diving into investing- and tax law-related data, we are not financial professionals. We have no formal financial education. We are not financial advisors, portfolio managers, or accountants. This is not financial advice, investing advice, or tax advice. The information on this podcast is for informational and recreational purposes only. Investment products discussed (ETFs, index funds, etc.) are for illustrative purposes only. It is not a recommendation to buy, sell, or otherwise transact in any of the products mentioned. Do your own due diligence. Past performance does not guarantee future returns. Money with Katie, LLC. — Mentioned in the Episode: The Right of Rescission: https://www.consumerfinance.gov/ask-cfpb/how-long-do-i-have-to-rescind-when-does-the-right-of-rescission-start-en-187 Anne Helen Petersen's How Your House Makes You Miserable: https://annehelen.substack.com/p/how-your-house-makes-you-miserable How Rent vs. Buy Shifted in 2023: https://podcast.moneywithkatie.com/how-rent-vs-buy-shifted-in-2023/ — Read Money with Katie: https://moneywithkatie.com/ Follow Money with Katie! Instagram - https://www.instagram.com/moneywithkatie Twitter - https://twitter.com/moneywithkatie TikTok - https://www.tiktok.com/@moneywithkatie Learn more about your ad choices. Visit megaphone.fm/adchoices

Contract Interpretation and Construction Once a contract is formed, its terms must be interpreted and construed to determine the parties' rights and obligations. Law students should be familiar with various principles of contract interpretation, including: a) Plain Meaning Rule: Courts generally interpret contract language according to its plain and ordinary meaning, giving effect to the parties' intentions as expressed in the contract. b) Parol Evidence Rule: This rule restricts the admission of extrinsic evidence to vary or contradict the terms of a fully integrated written contract. c) Course of Dealing, Course of Performance, and Usage of Trade: These are interpretive aids used to understand the parties' intent when contract language is ambiguous or unclear. d) Ambiguity: Law students should recognize and address instances where contract terms are ambiguous, as this can lead to disputes and may require court intervention. Breach of Contract and Remedies When one party fails to fulfill its obligations under a contract, a breach occurs. Understanding the different types of breach and the available remedies is essential for law students preparing for the Bar Exam: a) Material vs. Minor Breach: Distinguishing between material breaches that go to the core of the contract and minor breaches is critical in assessing the appropriate remedies. b) Damages: Compensatory damages are designed to put the non-breaching party in the position they would have been in had the contract been fully performed. Consequential and incidental damages may also be available in certain situations. c) Specific Performance: Courts may order specific performance when monetary damages are inadequate to compensate the non-breaching party, typically in cases involving unique goods or real estate. d) Rescission and Restitution: Rescission allows the parties to undo the contract and return to their pre-contractual positions, while restitution requires the breaching party to return any benefits received from the non-breaching party. International Contracts In a globalized world, international contracts have become increasingly common. Law students should be familiar with the unique challenges and considerations that arise in international contract law: a) Choice of Law and Jurisdiction: Determining the applicable law and jurisdiction in international contracts can significantly impact the parties' rights and obligations. b) United Nations Convention on Contracts for the International Sale of Goods (CISG): The CISG governs international sales contracts between parties from different member countries, providing uniform rules for contract formation, performance, and remedies. c) Forum Selection and Dispute Resolution: International contracts often involve complex forum selection clauses and may require resolving disputes through international arbitration or other dispute resolution mechanisms. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

One of my favorite commentators, Tara Servatius, recently offered an intriguing theory about Trump's Executive Order 13848. That it laid the groundwork for the massive effort, by dozens of federal agencies and officials (both elected and bureaucrats), to violate the constitutionally-protected free speech rights of millions of conservative and contrarian voices on social media. In this episode we examine her theory and offer a quick history lesson on Executive Orders in general.  Show Notes Executive 13848 Biden Keeps EO 13848 Graph of EO's by President Truth Quest Podcast Episode #126 – The Truth About Big Tech Censorship Episode #130 - The Truth About the 2020 Presidential Election - The Big Picture Episode #131 - The Truth About the 2020 Presidential Election - The Battleground States Episode #132 - The Truth About the Great Social Media Purge of 2021 Episode #145 - The Truth About Georgia's Election Integrity Law Episode #222 - The Truth About the Rescission of the First Amendment Episode #228 - The Truth About the Twitter Files – The First Tranche Episode #234  - The Truth About the Twitter Files – The Second Tranche Episode #250 - The Truth About the Twitter Files – The Third Tranche Episode #255 - The Truth About Government Censorship - Missouri v. Biden ----------------------------------------------------------------------- Grab your Truth Quest Merchandise at The Truth Quest Shirt Factory: With each shirt design there will be an explanation of what to expect from those inquisitive or brave enough to ask you about it. In most cases there are links to podcast episodes that will further deepen your understanding of the importance of each phrase.  We hope you take the challenge of wearing these shirts in public and to family gatherings. Don't worry! You will be equipped with the rhetorical tools to engage in conversation and/or debate.  Good luck! And thanks for supporting the Truth Quest Podcast! Check out the "Disinformation is FREE SPEECH" shirt inspired by this episode. -------------------------------------------------------------------------------- The video of this episode is available on Rumble and BitChute. Check out short highlight videos of each episode on Instagram. Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. Truth Social: @TruthQuestPodcast GETTR: @TruthQuest_PC Twitter: @apathyreigns GAB: @TruthQuestPodcast The Truth Quest Podcast Patron Page

This is another story you will not hear about on the alphabet soup, conspiracy media. It is the story of dystopian, brazen, in-your-face violations of the First Amendment that almost exclusively targeted conservative speech.  Coming on the heels of the revelations from the Twitter Files, a U.S. District Court Judge recently issued a sweeping preliminary injunction that he said, “arguably involves the most massive attack against free speech in United States' history.”  His injunction bars numerous personally-named federal officials and agencies including Resident Biden, his press secretary, the secretaries of HHS and Homeland Insecurity, the Commerce Department, NIAID, FBI, the Census Bureau, FDA, Treasury Department, State Department, HHS and Homeland Insecurity - among 45 others - from having any contact with social media firms for the purpose of discouraging or removing First Amendment-protected speech. Show Notes Missouri v. Biden Truth Quest Podcast Episode #126 – The Truth About Big Tech Censorship Episode #132 - The Truth About the Great Social Media Purge of 2021 Episode #214 - The Truth About the Secret Ivermectin Miracle - Uttar Pradesh Episode #218 – The Truth About the FBI – The Federal Bureau of Intimidation Episode #222 - The Truth About the Rescission of the First Amendment Episode #228 - The Truth About the Twitter Files – The First Tranche Episode #234  - The Truth About the Twitter Files – The Second Tranche Episode #250 - The Truth About the Twitter Files – The Third Tranche ----------------------------------------------------------------------- Grab your Truth Quest Merchandise at The Truth Quest Shirt Factory: With each shirt design there will be an explanation of what to expect from those inquisitive or brave enough to ask you about it. In most cases there are links to podcast episodes that will further deepen your understanding of the importance of each phrase.  We hope you take the challenge of wearing these shirts in public and to family gatherings. Don't worry! You will be equipped with the rhetorical tools to engage in conversation and/or debate.  Good luck! And thanks for supporting the Truth Quest Podcast! Check out the "Disinformation is FREE SPEECH" shirt inspired by this episode. -------------------------------------------------------------------------------- Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The video of this episode is available on Rumble and BitChute. Check out short highlight videos of each episode on Instagram. Truth Social: @TruthQuestPodcast GETTR: @TruthQuest_PC Twitter: @apathyreigns GAB: @TruthQuestPodcast The Truth Quest Podcast Patron Page

How does one unsend the letter?

In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). Taxonomy. Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. "Rescission" in the sense of termination. Rescission in this sense is not the focus of this article. Where a contract is terminated, obligations under the contract are only discharged prospectively; the contract is not rendered void ab initio. Rescission in the sense of termination covers two key situations: First, where a party to a contract exercises an express right of termination, he or she is sometimes said to have exercised a right to rescind the contract. Secondly, where a party is faced with a repudiation, the party can elect to terminate the contract; this too has often been referred to as an election to rescind. "Rescission" at common law. Rescission at common law (as distinct from rescission in equity) is a self-help remedy: historically, the common law courts simply gave effect to the rescinding party's unequivocal election to rescind the contract. Rescission at common law is only available for fraudulent misrepresentations and duress. Rescission renders the contract void ab initio, and courts will only grant rescission under common law if the parties can be restored to their original positions prior to the formation of the contract ("restitutio in integrum"). Courts of Equity exercised a jurisdiction to effect rescission where restoring the parties to the contract to their pre-contract positions was not possible at common law. "Rescission" in equity. Rescission is available in equity's exclusive jurisdiction in a wide range of situations. For example, where there has been an innocent but material misrepresentation, a breach of fiduciary duty, unconscionable conduct, or equitable fraud. In court. Rescission is an equitable remedy and is discretionary. It is used as a synonym for termination at law. A court may decline to rescind a contract if one party has affirmed the contract by his action, or a third party has acquired some rights or there has been substantial performance in implementing the contract. To improve chances of being granted rescission, parties may do well to describe those circumstances which may give rise to an entitlement to terminate, as was done in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd. Furthermore, because rescission is supposed to be imposed mutually upon both sides to a contract, the party seeking rescission normally must offer to give back all benefits he or she has received under the contract (an "offer of tender"). The US state of Virginia uses the term "cancellation" for equitable rescission. Furthermore, a minority of common law jurisdictions, like South Africa, use the term "rescission" for what other jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense, the term means to be set aside or made void, on application to the court that granted the judgment or to a higher court. Applications to rescind a judgment are usually made on the basis of error or for good cause. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

DEAR PAO: Rescission may be invoked even if not specifically mentioned in contract | June 15, 2023Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe Visit our website at https://www.manilatimes.net Follow us: Facebook - https://tmt.ph/facebook Instagram - https://tmt.ph/instagram Twitter - https://tmt.ph/twitter DailyMotion - https://tmt.ph/dailymotion Subscribe to our Digital Edition - https://tmt.ph/digital Check out our Podcasts: Spotify - https://tmt.ph/spotify Apple Podcasts - https://tmt.ph/applepodcasts Amazon Music - https://tmt.ph/amazonmusic Deezer: https://tmt.ph/deezer Stitcher: https://tmt.ph/stitcherTune In: https://tmt.ph/tunein#TheManilaTimes Hosted on Acast. See acast.com/privacy for more information.

Another unnecessary crisis averted. In this episode, Jen examines the debt ceiling crisis events of the past to show that the Fiscal Responsibility Act of 2023 - which raised the debt ceiling - is not likely to reduce our government's debt but will likely ensure that our environment will be trashed for profit. She also examines the best path forward to ensure that the debt ceiling is never used for political leverage again. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via PayPal Support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536. Please make checks payable to Congressional Dish Thank you for supporting truly independent media! View the show notes on our website at https://congressionaldish.com/cd275-debt-ceiling-2023-crisis-normalized Background Sources Congressional Dish Episodes CD261: Inflation Reduction Act CD257: PACT Act – Health Care for Poisoned Veterans CD151: AHCA – The House Version (American Health Care Act) CD049: Crisis… Postponed CD048: The Affordable Care Act (Obamacare) Debt Ceiling Overview “US debt ceiling - what it is and why there is one.” Natalie Sherman. Jun 2, 2023. BBC. “What Happens When the U.S. Hits Its Debt Ceiling?” Noah Berman. Last Updated May 25, 2023. Council on Foreign Relations. “A brief history of debt ceiling crises and the political chaos they've unleashed.” Raymond Scheppach. May 12, 2023. The Conversation. “Congress has revised the debt ceiling 78 times since 1960. An expert explains why.” Scott Simon and Lennon Sherburne. April 29, 2023. NPR. New Development Bank Ben Norton on Twitter New Development Bank on Twitter New Development Bank Website “BRICS New Development Bank de-dollarizing, adding Argentina, Saudi Arabia, Zimbabwe as members.” Ben Norton. Jun 8, 2023. Monthly Review Online. “NDB Board of Directors held its 40th meeting.” Jun 5, 2023. New Development Bank. Debt Limit History “The Debt Limit Through the Years.” Bipartisan Policy Center. “US government shutdown to end after Congress passes debt ceiling deal.” Paul Lewis and Dan Roberts. Oct 15, 2013. The Guardian. “S.& P. Downgrades Debt Rating of U.S. for the First Time.” Binyamin Appelbaum and Eric Dash. Aug 5, 2011. The New York Times. “Gingrich Vows No Retreat on Debt Ceiling Increase.” Clay Chandler. Sept 22, 1995. The Washington Post. 2023 Crisis “House Democrats Move to Force a Debt-Limit Increase as Default Date Looms.” Carl Hulse. May 2, 2023. The New York Times. “Can Congress Make an End-Run Around a Debt Limit Impasse? It's Tricky.” Carl Hulse and Jeanna Smialek. Apr 7, 2023. The New York Times. The Debt “2023 VAT Rates in Europe.” Cristina Enache. Jan 31, 2023. Tax Foundation. “National Debt: Definition, Impact, and Key Drivers.” Updated May 25, 2023. Investopedia. “Briefing Book: What is the Child Tax Credit?” Updated May 2021. Tax Policy Center. The Law H.R.3746: Fiscal Responsibility Act of 2023 Jen's Highlighted PDF CBO Estimate of Budgetary Effects Law Outline Division A: Limit Federal Spending Title I: Discretionary Spending Limits for Discretionary Category Sec. 101: Discretionary Spending Limits Sets spending caps for fiscal years 2024 and 2025 2024: Over $886 billion for defense Over $703 billion for non-defense Sec 102: Special Adjustments for Fiscal Years 2024 and 2025 If there is a continuing resolution in effect on or after January 1, 2024 for fiscal year 2024, or a continuing resolution for 2025 on or affect January 1, 2025, defense and non-defense spending will be sequestered, meaning a 1% across the board cut Title II: Budget Enforcement in the House of Representatives Explains how the House of Representatives must implement this law Title III: Budget Enforcement in the Senate Explains how the Senate must implement this law Division B: Save Taxpayer Dollars Title I: Rescission of Unobligated Funds Takes money back from accounts where it wasn't all spent including from: The Public Health and Social Services Emergency Fund The Centers for Disease Control and Prevention Specifically their COVID vaccine activities and vaccine supply chains All the money except $7 billion for COVID testing and mitigation All of the SARS-CO-V2 genomic sequencing money except for $714 million All of the money for COVID global health programs International Disaster Assistance funds for the State Department National Institutes of Health - National Institute of Allergy and Infectious Diseases Centers for Medicare and Medicaid Services Community health centers National Health Service Corps Nurse Corps Graduate level teaching health centers Mental health and substance use disorder training for health care professionals and public safety officers Grants for mental health for medical providers Funding for pediatric mental health care access Grants for survivors of sexual assault Child abuse prevention and treatment Medical visits at home for families State and local fiscal recovery funds Rural health care grants Restaurant revitalization fund Elementary and secondary school emergency relief funds Housing for people with disabilities Housing for the elderly Grants to Amtrak and airports Air carrier worker support and air transportation payroll support Title II: Family and Small Business Taxpayer Protection Sec. 251: Rescission of Certain Balances Made Available to the Internal Revenue Service Defunds the IRS by approximately $1.4 billion Title III: Statutory Administrative Pay-As-You-Go Requires agencies to submit plan to reduce spending in an equal or greater amount to every action they take that increases spending. This is easily waived and expires at the end of 2024.. Title IV: Termination of Suspension of Payments on Federal Student Loans: Resumption of Accrual of Interest and Collections Sec. 271: Termination of Suspension of Payments on Federal Student Loans; Resumption of Accrual of Interest and Collections At the end of September, people with Federal student loans will have to begin repayment of their loans, and the Secretary of Education is not allowed to implement an extension of the payment pause. Division C: Grow the Economy Title I: Temporary Assistance to Needy Families Orders reports about work requirements for welfare payments Title II: SNAP Exemptions Sec. 311: Modification of Work Requirement Exemptions In order to receive food benefits for more than 3 months in a 3 year period, "able bodied" people have to work at least 20 hours per week or participate in a work program for 20 hours per week unless that person is under 18 or over 50 years old, medically unable to work, is a parent with dependent children, or is pregnant. This provision increases the work requirement age over the next few years so it becomes 55 years old. This provision adds homeless individuals, veterans or foster kids until they are 24 to the list of people exempt from the work requirements This provision expires and the qualifications revert back to what they used to be on October 1, 2030 Title III: Permitting Reform Sec. 321: Builder Act Changes the requirements for NEPA environmental studies to include "any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative..." and requires only "irreversible and irretrievable commitments of FEDERAL resources which would be involved in the proposed agency action should it be implemented" Adds circumstances when agencies will not have to produce environmental impact documents Requires environmental impact statements when the action has a "reasonably foreseeable significant effect on the quality of the HUMAN environment." Allows agencies to use "any reliable data source" and says the agency is "not required to undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives and the overall costs and time frame of obtaining it are not unreasonable." Assigns roles for "lead agencies" and "cooperating agencies" and says that the agencies will produce a single environmental document Sets a 150 page limit on environmental impact statements and 300 pages for a proposed agency action with "extraordinary complexity" Sets a 75 page limit on environmental assessments Requires lead agencies to allow a "project sponsor" to prepare environmental assessments and environmental impact statements under the supervision of the agency. The lead agency will "evaluate" the documents and "shall take responsibility for the contents." Environmental impact statements must be complete in under 2 years after the EIS is ordered by the agency Environmental assessments must be completed in 1 year The agency may extend the deadlines Project sponsors are given the right to take government agencies to court for failure to meet a deadline Sec. 324: Expediting Completion of the Mountain Valley Pipeline "Congress hereby ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline." Gives the Secretary of the Army 21 days after enactment of this law to issue "all permits or verifications necessary to complete the construction of the Mountain Valley Pipeline across the waters of the United States" "No court shall have jurisdiction..." to review "...any approval necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline... including any lawsuit pending in a court as of the date of enactment of this section." Division D: Increase the Debt Limit Sec. 401: Temporary Extension of Public Debt Limit Suspends the debt limit until January 1, 2025 On January 2, 2025, the debt limit will automatically increase to whatever amount the debt level is at the end of the suspension Audio Sources Senate Session June 1, 2023 Highlighted Transcript Senate Session Parts 1 & 2 May 31, 2023 Highlighted Transcript Meeting: H.R. 3746 - Fiscal Responsibility Act of 2023 May 30, 2023 House Committee on Rules Watch it on YouTube Clips 22:50 Rep. Jason Smith (R-MO): I should note for my colleagues that Democrats could have raised the debt limit last year when they controlled the House of Representatives. 35:30 Rep. Ron Estes (R-KS): The Fiscal Responsibility Act finally ends the federal student loan moratorium and the so-called interest pause, effective August 31, 2023. For every month borrowers were allowed to skip payments, $4.3 billion were added to the American taxpayers debt. 41 months later, the moratorium has cost American taxpayers approximately $176 billion. 1:01:15 Rep. Joe Neguse (D-CO): The President put forward a budget months ago. Chairman Smith, do you know when the President submitted his budget to the United States Congress? Rep. Jason Smith (R-MO): I don't remember but it was -- Rep. Joe Neguse (D-CO): It was March 9th. Rep. Jason Smith (R-MO): It was late. It was due February 1st. Rep. Joe Neguse (D-CO): Oh, I'm glad you noted that. Chairman Smith, when did the Republicans submit their budget? Rep. Jason Smith (R-MO): You would need to ask the budget committee. Rep. Joe Neguse (D-CO): I would need to ask the budget committee. Mr. Estes. When did the Republicans submit their budget? [Pause] Only in the Rules Committee, by the way, could a witness lay blame at the president for being a few weeks late in submitting his budget when his party hasn't submitted a budget, period. 1:06:45 Rep. Brendan Boyle (D-PA): We also run the risk that we will one day not be the reserve currency of the world. The reason why our interest rates are so low comparatively, is because we are a safe haven for investment for the rest of the world. These sort of antics increasingly bring that into doubt whether or not folks will get their money, the folks who are lending to us. 1:24:15 Rep. Teresa Leger Fernandez (D-NM): Now, Standard and Poor's, they downgraded our credit rating. Have they increased that credit rating? Rep. Brendan Boyle (D-PA): No. There are three credit agencies Standard and Poor's, which was the one that downgraded us in 2011, never reversed their downgrade. And frankly my concern and the worry right now is that the other two credit agencies will now follow suit, given the events of the last couple of months, which obviously look very much like 2011 all over again. 1:50:55 Rep. Jim McGovern (D-MA): I continue to be stunned by the fact that when I look at this deal, which focuses on discretionary funding, that the people who seem to be asked to do the most or to absorb the hits the most are the people that least can afford it. The military budget is part of this discretionary budget, it's over 50% of the discretionary budget. The United States spends more on national defense than China, Russia, India, Saudi Arabia, United Kingdom, Germany, France, South Korea, Japan and Ukraine combined. And yet, if this moves forward, we see an increase in defense spending. I mentioned in my opening remarks, I don't know how many of you saw the 60 minutes piece the other day, I mean, we all know, of the cost overruns in the Department of Defense. I mean, the idea that we're spending $10,000 for a $300 oil switch. I mean, it's been there for a long time, and yet, we seem unable to want to grapple with that waste and those cost overruns. I don't know if it's the defense lobbyists or the campaign contributions or whatever it is, but somehow, when it comes to the military budget, you know, not only are we not holding them accountable, but you know, we say we're going to increase it even more, even more, we'll give you more. 2:57:40 Rep. Chip Roy (R-TX): Look, I'm for NEPA reforms 100%. We need them for road projects, transportation, particularly for our energy industry. But my concern here that we've got language that none of us have fully reviewed, going through the committees of jurisdiction that has been adopted, that I've got colleagues texting me and saying they're not 100% sure if that language is good or bad for the purpose intended. I've got colleagues on both sides of the aisle that have raised those questions. And so the purpose intended, of course, is to streamline projects, whatever those projects may be. But I've got a text right here from GOP colleagues saying, Well, I'm not so sure that these will actually do what we think they will do, to streamline said projects. And in fact, a former high up in the administration, in the Energy Department under the Trump administration, just validated that concern by one of my colleagues. Yet we are putting forward this measures saying some grand improvement with respect to NEPA, that that's somehow something we should be applauding when it's not the full package of H.R. 1, which had gone through committee. And importantly, the one thing that I think is 100% clear, is that this bill fails to include even the most basic reform to President Biden's unreliable energy subsidies that were put forward in the so called inflation Reduction Act for the wealthy, elites, corporations, and the Chinese Communist Party just to be blunt. And frankly, it ensures that permitting reform will likely benefit renewables the most. Basically, if you're a government that is subsidizing the crap out of something, in this case, unreliable energy, giving massive subsidies to billion dollar corporations, giving significant subsidies to families that make over 100,000, 300,000 for EVs, because you're chasing your your dreams of, you know, a fossil fuel-less world. You're going to absolutely decimate our grid because you're not going to have the projects being developed for the gas and the coal nuclear that are actually required to keep your grid functioning. But yeah, that's what we're doing and I just for the life of me can't understand why we're applauding that. 3:15:50 Rep. Jason Smith (R-MO): So we've been asking for the IRS to give us a plan of how they wanted to spend the additional $80 billion that they had. They finally gave that to Congress about six weeks, eight weeks ago. They broke down how they're spending the $80 billion: $1.4 billion of it was for hiring more agents and what the bill before you does, it eliminates that $1.4 billion for this year. House Session May 25, 2023 Highlighted Transcript House Session, Morning Hour, Parts 1 & 2 May 24, 2023 Highlighted PDF How the Pentagon falls victim to price gouging by military contractors May 21, 2023 60 Minutes The Rich Get Richer, Deficits Get Bigger: How Tax Cuts for the Wealthy and Corporations Drive the National Debt May 17, 2023  Senate Budget Committee Witnesses: Bobby Kogan, Senior Director, Federal Budget Policy, Center for American Progress Bruce Bartlett, Former Deputy Assistant Secretary for Economic Policy, United States Department of Treasury Samantha Jacoby, Senior Tax Legal Analyst, Center on Budget and Policy Priorities Dr. Adam Michel, Director of Tax Policy Studies, Cato Institute Scott Hodge, President Emeritus & Senior Policy Advisor, Tax Foundation Clips 32:25 Bobby Kogan: Today I intend to make two points. First, without the Bush tax cuts, their bipartisan extensions, and the Trump tax cuts, the ratio of debt to GDP would be declining indefinitely. And second, our rising debt ratio is due entirely to these tax cuts and not to spending increases. Throughout this testimony, When I say spending, I mean primary spending, that is spending excluding interest on the federal debt, and every mention of revenues, spending deficits, and debt means those amounts as a percent of GDP. Okay, according to CBO primary deficits are on track to stabilize at roughly 4% over 30 years, high enough to cause the debt to rise indefinitely. The common refrain that you will hear, that I heard when I staffed this committee, and that unfortunately, I expect to hear today, is that rising debt is due to rising spending. Revenues have been roughly flat since the 1960s and while spending was also roughly flat until recently, demographic changes and rising healthcare costs are now pushing the costs up. These facts are true. Our intuitions might reasonably tell us that if revenues are flat, and spending is rising, then the one changing must be to blame. But our intuitions are wrong. In CBO's periodic long term projections earlier this century, spending was projected to continue rising, but despite this CBO routinely projected long term debt stability, It projected revenues to keep up with this rising spending, not due to tax increases, but due to our tax code bringing in more as our country and the people in it prospered. That prosperity results in both higher revenue collection and higher real after tax income for the people whose incomes are growing, it is a win win. In other words, we used to have a tax system that would fully keep pace with rising spending. And then the Bush tax cuts were enacted and expanded, and then on a bipartisan basis eventually made largely permanent in 2013. Under the law dictating CBO and OMB's baseline construction, temporary changes in tax law are assumed to end as scheduled. In practice this meant that CBO is projection showed the Bush tax cuts ending on schedule with the tax code then reverting to prior law. 2012 was therefore the last year in which CBO is projections reflected the Bush tax cuts expiring. Yes, CBO's 2012 long term projections showed rising spending, but it also showed revenues exceeding spending for all 65 years of its extended baseline with indefinite surpluses, CBO showed debt declining indefinitely. But ever since the Bush tax cuts were made permanent CBO has showed revenues lower than spending and has projected debt to rise indefinitely. And since then, the Trump tax cuts further reduced revenues. Without the Bush tax cuts, their bipartisan extensions, and the Trump tax cuts, debt would be declining indefinitely, regardless of your assumptions about the alternative minimum tax. Two points explain this. The first employs a concept called the fiscal gap, which measures how much primary deficit reduction is required to stabilize the debt. The 30 year fiscal gap is currently 2.4% of GDP, which means that on average primary deficits over 30 years would need to be 2.4% of GDP lower for the debt in 2053 to be equal to what it is now. The size of the Bush tax cuts their extensions and the Trump tax cuts under current law over the next 30 years is 3.8% of GDP. Therefore, mathematically and unequivocally without these tax cuts, debt would be declining as a percent of GDP, not rising. 41:45 Bruce Bartlett: The reason I changed my mind about taxes and decided that we needed tax increases happened on a specific day that I'm sure Senator Grassley remembers, if nobody else. And that was the day in November of 2003, when the Medicare Part D legislation passed, and I was just, you know, at the time, I thought the reason Republicans, and I was a Republican in those days, were put on this earth was to control entitlement programs. And I was appalled that an entirely new entitlement program was created that was completely unfunded. It raised the deficit forever by about 1% of GDP. And I thought a dedicated tax should have been enacted, along with that program, which I didn't oppose and don't oppose. In fact, I benefit from it at my age. But I just think that we need proper funding. And that was when I first started saying we needed to raise taxes, because we just can't cut discretionary spending enough to fix the problem. And I think this is the error of the House budget, which cuts almost entirely domestic discretionary spending, doesn't even touch defense, and I just think that's extraordinarily unrealistic and an unserious approach to our deficit problem. We simply have to do something about entitlements. If you're going to control spending, control the budget on the spending side, I don't think we're going to do that. I think we need a new tax. I have advocated a value added tax for many years, as a supplement to our existing tax system. It creates, you can raise a lot of revenue from it every virtually every industrialized country has one. The money could be used to fix things in the tax code, as a tax reform measure. Once upon a time in the 70s, and even the 80s, it was considered the sine qua non of Republican tax policy, because it's a consumption based tax system, a flat tax, and now many Republicans are in favor of something called the Fair Tax which is very similar except that it won't work. Administratively it's poorly designed. The Value Added Tax will work and that's why it should be a better approach to these problems. 49:15 Samantha Jacoby: Wealthy people who get their income from investments accumulate large gains as those assets go up in value over time, but they won't owe income tax unless they sell their assets. And if they never sell, no one will ever pay income tax on those gains. That's arguably the biggest flaw in the tax code. Policymakers should consider a tax like President Biden's budget proposal to enact a minimum tax on very wealthy households. This would treat unrealized capital gains, which is the primary source of income for many wealthy households, as taxable income instead of letting income accrue tax free across generations. 54:15 Dr. Adam Michel: Keeping government small is the best way to ensure that the American people can continue to prosper. 58:45 Scott Hodge: There are many elements of the tax code that benefit the wealthy and big corporations, I absolutely agree, and the inflation Reduction Act is the most recent example of corporate welfare in the tax code. 1:01:00 Samantha Jacoby: So the the 2017 law, it dramatically changed the way that foreign profits are taxed of multinationals. And so what happens now is large corporations who have big, big foreign profit centers, lots of foreign profits overseas, they pay a lower tax rate on those foreign profits than they do on their domestic profits or purely domestic businesses pay. 1:02:55 Bruce Bartlett: And one of the things I tried to do in my prepared testimony is look at what has actually happened in the seven years since then. And very few studies, I know, some of the tests, the footnotes and my colleagues testimony or to our projections based on studies were done in 2017, 2018. I tried to find things that were written more recently, perhaps, or preferably, I should say, in the academic literature, which I think is more substantive and more dependable. And I looked at peer reviewed journals, and the data that I could find showed no macroeconomic impact whatsoever. It didn't raise growth, it didn't lower growth. And I think I concluded in that -- Sen. Sheldon Whitehouse (D-RI): It did shift wealth, correct? Bruce Bartlett: Excuse me? Sen. Sheldon Whitehouse (D-RI): It did shift wealth. Bruce Bartlett: Oh, absolutely. No question about that. But I'm more interested in the macroeconomic effect on investment and growth and employment. And I would just close by saying that if a tax cut had no positive impact, then it can't have any negative impact if you get rid of it. Now, you may not want to for other reasons.... 1:05:25 Bobby Kogan: Right. So our demographic changes and rising healthcare costs are the reason that spending is increasing. If you break spending into two categories, Medicare, Medicaid, Social Security, everything else, including the everything else entitlements, the everything else is shrinking as a percent of GDP and it's the Medicare, Medicaid and Social Security that are growing. And they are growing not because they are getting more, they're doing more, it's not because we're giving more and more to seniors, and to extremely poor people, but because it costs more to do the same. And that is the rising that is the demographics is changing the ratio of non workers to workers and there's also the rising health care costs. And so what this means is that if you want to spend less, you are necessarily saying that future seniors should be getting less of a benefit than they're currently getting. That's the only way to do it. Since that's the portion of the budget that's growing, if you want to cut that, you have to say that the current amount that we're doing for Social Security recipients, the current amount that we're doing for seniors, the current amount that we're doing for people on Medicaid is too much, and future people should be having less. That's the only way to do it. And, you know, the very nice thing that I had though, ii my testimony, we used to have a tax system that despite that rising, we keep up with that, and now we don't. 1:15:50 Bruce Bartlett: Well, first of all, I think in terms of tax shelters and tax evasion and extreme levels of tax avoidance, the problem isn't so much with the law as with the enforcement. And as you know, it's been the policy of Republicans to slash the budget of the IRS in real terms, for many years, which is a way of giving, privatizing tax avoidance to rich people and the rich individuals have the greatest power and ability to evade taxation. And I think it was really wonderful that the Congress increased the IRS budget, and I think it's just the height of absurdity that one of the major elements of the House Republican proposal is to slash the IRS budget again, even though the CBO has said this is a revenue losing proposition. 2:06:40 Bruce Bartlett: I think there's absolutely no question that the debt limit is unconstitutional, and not just under the 14th Amendment, section four, but under the general powers of the President. I mean, one of the things that I will point out is that the debt limit is a very serious national security issue. A huge percentage of the national debt that is owned by foreigners is owned by foreign central banks. They are not going to be happy if their assets are suddenly worth a great deal less than they thought they were. I think the President has full power within his inherent authority to simply declare the debt limit null and void. And I would point out that it's not a simple question of whether you just break the debt limit. I think a lot of people, even on this committee, forget the impoundment part of the Budget Act of 1974, which says the President must spend the money that is appropriated by law, he doesn't have the choice not to, which is what some Republicans seem to think that he can do. And he lacks that power. So I would agree that the President has that power. I wish he would use it. I wish it as sincerely as anything I believe in life. Thank you. Senate Session May 16, 2023 Highlighted PDF House Session May 16, 2023 Highlighted PDF Senate Session May 15, 2023 Highlighted PDF House Session May 10, 2023 Highlighted PDF Senate Session, Parts 1 & 2 May 19, 2023 Highlighted PDF Senate Session May 9, 2023 Highlighted PDF Senate Session May 4, 2023 Highlighted PDF Senate Session, Parts 1 & 2 May 2, 2023 Highlighted PDF Music Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Editing Pro Podcast Solutions Production Assistance Clare Kuntz Balcer

Liberty Counsel's classwide injunction stopped the Department of Defense from violating the rights of the Marines. Constitutional expert, lawyer, author, pastor, and founder of Liberty Counsel Mat Staver discusses the important topics of the day with co-hosts and guests that impact life, liberty, and family. To stay informed and get involved -- visit LC.org

This spring, the Office of Federal Contract Compliance Programs (OFCCP) published its final order rescinding the Trump-era Religious Exemption Rule for federal contractors. This recession, which went into effect on March 31, 2023, has made it easier for religiously affiliated federal contractors and subcontractors to make employment decisions based on religion.Listen in to learn more about how this recession affects covered contractors. In this episode, we will also discuss the recent departure of the OFCCP's director and what that could mean for the agency.

Thanks to today's sponsor, Richey May. Richey May is a recognized leader in providing specialized advisory, audit, tax, technology and other services to the mortgage industry for almost four decades. Among many awards, Richey May has been named a Top 100 Firm twice and is known in the market for their education and contributions to the mortgage industry. They don't just hire from the mortgage industry; they have the experts who build it.  To experience how Richey May can help you transform your mortgage business, visit richeymay.com.

Now, we all learned early in life that you tell the truth. Right?  And this is very true when it comes to an application for insurance. In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–discusses recission of an insurance policy and answers the following questions:When does rescission of insurance policies happen?What kind of situations can you get into with this?Who could potentially be dragged into these suits?To read the full episode transcript please see the Podcast Website.About the Host:Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm's Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”Connect with Jean:Thanks for listening to the podcast! Want more?LinkedInWebsiteYouTube ChannelFollow the podcast:Available on Apple Podcasts, Spotify, Google Podcasts, and more!

Episode 085 - Real Estate Exam Questions 39 Going through state exam questions to help real estate students pass their state exam.   01:40 – The school you choose is likely the contributing factor to you not passing the exam. That is not on you.   04:45 – Join study group on the A-Ha! Facebook page.   05:55 – Watch for scammers on our pages.   07:30 – List of recent grads: Bill, Jolly, Mary, Lauren, Kelly, Julie, Courtney, John, Michelle, Suzy, Amber, Sandy, Tracey, Kristin, Emanuel, Carmen, Nate, Rebecca, Tricia, Amber, Nick, Ken, Kelsey, Amanda, Daniela, Crystal, Unisha, Cody, Melinda, Tanya, Ericka, David, and Lilly.   08:55 – Email from Taryn.   10:20 – How important are legal descriptions on the state exam? Metes and bounds, rectangular survey method, and lot and block. Don't worry about them at all.   13:35 – Is a land contract a unilateral or bilateral contract? It is bilateral contract.   16:57 – An easy way to remember a dominant and servient tenement in an easement? Dominant dominates another owner's property. Servient tenement serves the use of another owner.   19:13 – Difference of selling agent and listing agent? Listing agent represents a seller. Selling agent represents the buyer.   21:55 – Does a small house cost more, less, or the same as a large home on a cost per unit basis? Small house costs more to build on a cost per unit basis.   26:28 – What is title theory versus lien theory state? Title theory states the lender takes legal title to the property during the payment period.   28:15 – RESPA applies to residential property only. Not personal property or commercial property.   30:47 – When does the right of recission kick in with Truth in Lending? When the borrower signs the loan documents.   32:57 – How should a broker handle a seller that wants to discriminate based upon race? No exceptions for race per Civil Rights Act of 1866.   35:45 – How can a co-owner transfer property in will when they pass away? Become a tenant in common.   38:47 – What action returns a party to their original position as if the contract never happened? Rescission, not cancellation, substitution, or subordination.   A-Ha LINKS   Email info@ahareep.com   Web www.ahareep.com   Facebook https://www.facebook.com/AHA.REEP   YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

The story told by the Twitter Files is one of the biggest scandals in American history and many of you have never heard about it! Your First Amendment right of free speech is under assault. The federal government, in direct opposition to the words of the First Amendment, have been colluding with Big Tech for years to silence dissent. Now we have the internal documents from Twitter to prove what we already knew. Show Notes Twitter DOD U.S. Military Accounts Censorship Disclosed: Twitter Files Just Tip of Iceberg Ron Paul: Twitter Files Make it Clear We Must Abolish the FBI The Twitter Files Part 1 - How and Why Twitter Blocked the Hunter Biden Laptop Story Part 2 – Twitter's Secret Blacklists Part 3 – The Removal of Donald Trump - October 2020-January 6th Part 4 - The Removal of Donald Trump: January 7 Part 5 – The Removal of Trump from Twitter Part 6 – Twitter, The FBI Subsidiary Part 7 - The FBI & the Hunter Biden Laptop Part 8 - How Twitter Quietly Aided the Pentagon's Covert Online PsyOp Campaign Truth Quest Podcast Episode #184 – The Truth About Hunter Biden's Laptop Episode #220 – The Truth About Hypocrisy and Hierarchy Episode #222 - The Truth About the Rescission of the First Amendment The Truth Quest Podcast Patron Page Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The video of this episode is available on Rumble and BitChute. Check out short highlight videos of each episode on Instagram. Truth Social: @TruthQuestPodcast GETTR: @TruthQuest_PC Twitter: @apathyreigns Telegram

The month of November, 2022 will largely be remembered for the mid-term election where the Republicans won the national popular vote by some six million votes yet they barely took back the House of Representatives and the Senate remained gridlocked. We also had evidence of the Democratic Party's laundering of campaign funds through a, now defunct, cryptocurrency exchange.  Elon Musk continued to make liberals' heads explode as he moved Twitter back to the free speech platform it once was. The economy continued to suck; inflation continued to rise; Fauci continued to lie; Biden continued to cow-tow to the Chinese and we narrowly averted World War III over a couple of stray missiles in Poland. Show Notes Truth Quest Podcast Episode #167 - The Truth About Ivermectin Episode #214 - The Truth About the Secret Ivermectin Miracle - Uttar Pradesh Episode #221 - The Truth About October 2022 - The Month Elon Musk Became the Most Hunted Man in America Episode #222 – The Truth About the Rescission of the First Amendment The Truth Quest Podcast Patron Page Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The video of this episode is available on Rumble and BitChute. Check out short highlight videos of each episode on Instagram. Truth Social: @TruthQuestPodcast GETTR: @TruthQuest_PC Twitter: @apathyreigns Telegram  

We find ourselves in a perilous place in history where the United States government is heavily involved in restricting the God-given and constitutionally-protected right to free speech of American citizens. The feds commonly refer to it as misinformation, disinformation or malinformation. This is not the first time in American history that we have seen such over-the-top, in-your-face, unconstitutional behavior by the federal government in an attempt to silence dissent. Show Notes Truth Cops Twitter and the Freedom of Speech Inspector General Report: DHS Monitoring of Speech The Truth Quest Podcast Patron Page Join the conversation at The Truth Quest Facebook Fan Page Order a copy of one of my books, Pritical Thinking, The Proverbs Project, The Termite Effect. The video of this episode is available on Rumble and BitChute. Check out short highlight videos of each episode on Instagram. Truth Social: @TruthQuestPodcast GETTR: @TruthQuest_PC Twitter: @apathyreigns Telegram

T2 talks about his day with his daughter at Strawberry Hill. Charlie talks about the history of farming and the importance of the craft. Adam Hammons joins the show to discuss the mix up with absentee ballots in Spartanburg County.

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After Dark with Hosts Rob & Andrew – The Vice Resident of the United States, Kamala Harris, recently acknowledged, that what many already knew, or at least assumed, she is a woman. She also said the pronouns she uses are she, her, and hers. While some might find this acknowledgment as apparent, things aren't always as they seem when it...

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Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach (for example, late performance). This is most applicable where the damages are intangible, such as a failure by the contractor on a public project to fulfill minority business subcontracting quotas. An average of the likely costs which may be incurred in dealing with a breach may be used. Authority for the proposition that averaging is the appropriate approach may be taken from the case of English Hop Growers v Dering, (1928). When damages are not predetermined/assessed in advance, then the amount recoverable is said to be "at large" (to be agreed or determined by a court or tribunal in the event of breach). The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual damages later if the contract is breached. Thus, they are most appropriate when (a) the parties can agree in advance on reasonable compensation for breach, but (b) the court would have a difficult time determining fair compensation at the time of breach. Under the common law, liquidated damages may not be set so high that they are penalty clauses rather than fair compensation. In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support