Eminent Domain

Roberts is too much the nice guy. I agree, it would be hilarious!

Yeah, he is too nice to do that. Scalia, however, would probably have a crossbow under the bench, just in case anyone got out of line.

Paintball gun would be better. Non-lethal and marks the offender.

I don't think Scalia cares much about non-lethal, especially with certain members of the Supreme Court bar.

This is what happens when Pepsi bottle disputes in the law school lounge spill over into cyberspace...

Hey, aren't you in class right now? Shouldn't you be paying attention to important local government law topics?

I stand by my claim that the Pepsi bottle was abandoned property. It was found in a place (a table in the lounge) where the true owner likely intended to leave it, but was in such a condition (mostly consumed, warm, flat) that it was apparent that the true owner (you) had no intention of returning to claim it.

As abandoned property, it becomes the property of whoever finds it and takes possession of it first (me). I disposed of it, as was my right.

You can claim that you did come back for it. That should not matter. You left an item that was in such a devalued, used state (mostly consumed, warm, flat) on a place where it is customary to leave discarded items (napkins, fliers, wrappers). An objective, reasonable person would assume that a Pepsi bottle in that condition was garbage, and therefore abandoned property.

Balderdash!

First, the notion that you are my idol is nothing short of deranged.

Second, I dispute the timing that you describe in your comment. Once you got up from the table, turned your back to the Pepsi bottle, and began walking away, the bottle became abandoned. You left the table before I did (leaving the lounge, going up the north stairwell). I left after you began walking away (after abandonment of the bottle), I took possession of the bottle, went into the locker room, and discarded the bottle into the garbage can.

Even though it was a short period of time between you turning and walking away from the bottle, this is sufficient to classify the bottle as abandoned in this sitation. A reasonable person viewing the situation (a mostly used, warm, flat beverage container being left on a table) would consider that property "garbage" and abandoned at that point.

You are failing to see the context of the situation and are simplifying/ignoring important details. If you were watching my laptop and we had an agreement for you to do so which you acknowledge in your comment (and damn sure I would get an agreement), we would be dealing with a bailment. Physical possession of personal property (my laptop) would be transferred from me (the bailor) to you (the bailee) who would subsequently hold possession of the property. You, as bailee, are not entitled to the use of the property while it is in your possession. Your action of selling it would be a conversion at best (provided that you gave me the money) or theft at worst.

No such agreement existed in the Pepsi bottle context. An objective viewer would see your actions (leaving the bottle on the table, gathering the rest of your belongings, and then turning away to leave) as abandonment of a beverage.

The weakness in your argument is evident by your bizarre, inapt computer analogy, followed by a string of insults about my intelligence. Try to keep that to a minimum while in the court room, Mr. Character and Fitness.

Since I'm feeling nice, I'll have something to compensate you (shut you up) in American Constitutional History.

I sincerely apologize to anyone who actually read all of this exchange.

"and I will watch it while you go to the bathroom."

An affirmative statement that you will take possession of the laptop for me.

Regardless, I would be savvy enough to get an agreement to lock you in as a bailee.

"...bring your Computer to class next week, and I will watch it while you go to the bathroom."

If I do X (bring my computer), you will do Y (watch it while I visit the water closet).

That's enough.

The amount of Property law that I can remember in order to advance a comedic discussion is amazing. I might actually be a competent lawyer someday...

I'm wounded by your comments.