Legal Standards for Use of Force against Immigration Detainees

Great article on an important topic. Due process is the standard. AELE is a great organization for finding good, current, legal materials relevant to CJ. If these topics interest you, I strongly you subscribe to their updates. LINK

Great article on U.S. Gun Control Strategies

Great law review article on gun control strategies in the U.S. at LINK The author’s final words” “CONCLUSION Without a commitment to or capacity for eliminating the existing inventory of private guns, the supply-side ideal and regulations based on it cannot be taken seriously. It is best to acknowledge the blocking power of the remainder and adjust our gun control regulations and goals to that reality. Policymakers who continue to press legislation grounded on the supply-side ideal while disclaiming the goal of prohibition are deluded or pandering.”

Police fatalities up sharply in 2010.

Some of the increase is due to more incidents in which more than one officer is killed. LINK

Holiday Tragedy: Officer killed during traffic stop!

While many of us are home relaxing, our peace officers and military personnel are putting their lives on the line every day! Never forget! RIP! LINK

Review of the Year in CounterTerrorism

Yes, the workaholic is back. Had a great vacation! I hope everyone out there is feeling refreshed and revitalized. Anyway, great, brief article on the year in counterterrorism for those interested in the legal aspects of the topic. Also included a few relevant reading choices. LINK

Merry Christmas, Happy Holidays, Happy New Year!

I'll be taking off a couple weeks (please keep the applause down), and hope everyone stays safe and enjoys the holiday season!

3 NOPD officers convicted in Henry Glover shooting case

In the post-Katrina hell, part of which was created by NOPD, Henry Glover, an unarmed man, was shot and killed by a NOPD officer. There was absolutely no justification for the shooting. Officers attempted to cover it up by burning Glover's body in a car and keeping quiet. In federal court, the officer who shot Glover was convicted of manslaughter. Two other officers were convicted of participating in the cover up. Two officers were acquitted. LINK Will officers who were acquitted but admitted involvement in the coverup be fired? Will NOPD finally be cleaned up? LINK

U.S. Dist. Ct. Judge finds part of Obama Care Unconstitutional

A U.S. District Court judge in Virginia held that a key part of the massive "ObamaCare" legislation was beyond Congress' power under the Commerce clause. I agree with the ruling. However, the Supreme Court will probably have the final say, and that could take years. Stay tuned! LINK

My top 11 impact (good or bad) Supreme Court cases

On one of the Professor Discussion Boards I watch, a Prof. asked for people's top 10-15 all-time high impact U.S. Supreme Court decisions--whether or not you agree or disagree with the decision. My list is below. Are there any you would add or subtract? Top 11 U.S. Supreme Court decisions in terms of impact/potential impact (whether or not I agree with the result) in no particular order. Everybody has a top 10 or Dirty Dozen--I just have to be different some times! 1. Dred Scott v. Sanford (expression of white supremacy, highly controversial at time, factor in triggering Civil War) 2. Brown v Bd. of Education (beginning of the end separate but equal and de jure racial discrimination, spurred Civil Right Revolution, highly controversial at time) 3. Mapp v. Ohio (4th Amend. Exclusionary rule applies to states, states now have to take Fourth Amendment seriously, great increase in police training on search and seizure, great increase in litigation in criminal cases, highly controversial) 4. Reynolds v. Sims (requires one-man one-vote in state legislatures, major shift in power from rural to urban in many states,highly controversial, very unpopular in rural circles) 5. Griswold v. Conn. (birth or substantive due process right to privacy, led to Roe and Lawrence, most people liked result, Court's methodology controversial) 6. Roe v. Wade (woman’s right to abortion under right to privacy; highly controversial to this day) 7. Marbury v. Madison (established principle of judicial review) 8. Miranda v. AZ (warnings required before police can interrogate suspect in custody, major change in required police procedures, helps make privilege against self-incrimination a viable right when dealing with police, promoted police professionalism and improved respect for suspects, controversial at time) 9. Gregg v. Ga. (allowed reinstatement of death penalty) 10. McDonald v. Chi. (Individual rights interpretation of 2nd Amendment binding on states, spurred gun-rights movement, lawsuits and legislative proposals, highly disliked by many on the Left, Full impact still to be played out) 11. Lawrence v. Texas (right to engage in adult consensual homosexual activity in private; will spurred more gay rights cases, e.g., right of gays to marry, “don’t ask, don’t tell, highly disliked by many on the Right) Being a CJ Professor, my list might be biased in that direction. What are your top 10-15 Supreme Court decisions in terms of impact (whether you like them or not)

Potential "repeal" amendment worthy of debate

With Republican and Tea Party gains in the last elections, the “repeal” amendment to the Constitution is getting increased attention. The basic idea is that if legislatures of 2/3 of the states so vote, it will repeal the targeted federal legislation. Although I am always leery of tinkering with our fundamental law (witness the 18th Amend.), I think this proposal is well worth exploring. Federalism, the 10th Amend., and alleged federal over-reaching are not new issues. They have been with us since the founding of the Republic. One of the key factors in America having a stable democracy is that there are lawful processes for challenging legislation that at least some people do not like. The proposal would strengthen the concept of limited government and complement separation of powers, checks and balances, and the Bill of Rights. It will help quell fears of a run-away, authoritarian federal government. Given our national political diversity, and the requirement that 2/3 of state legislatures must concur, the overruling or repeal of federal legislation will probably be a very rare occurrence. Of course, if one does not value the concept of limited government, the proposal is automatically a bad idea. Let’s start thinking about and debating this proposal. For more on the amendment see LINK

If you are trying to keep up with the legal challenges to "ObamaCare," the linked site might be helpful. LINK The blog states that the judge is likely to find at least one section unconstitutional. Even if that is so, this is just the beginning of the legal battle, which will likely take at least 2 years to get to the Supreme Court.

Calif. Declares State of Emergency for SD County

You don't see something like this very often. LINK

Change of Pace: Slices of Life--Comletely rebuilt vehicle

Every once in a while I'll sneak in something interesting, puzzling or humorous that has noting to do with CL or J. (Warning: I some times have a twisted sense of humor). Anyway, I was leafing through the classifieds to get to the crossword puzzle and "Jumble." I got a quick glance of a classified ad in the autos section that was headlined "COMPLETELY REBUILT, NEW, NEW, NEW, EVERYTHING." Expecting to see an ad for a really neat classic or hot car (e.g, '57 Chevy Bel Air, 2dr hdtp or 68 Plymouth Hemi-Cuda) I went back to the ad. Guess what the vehicle was? 1984 Ford Bronco II 4x4. WT *#$@%! Am I missing something here?

Passengers soon allowed Guns on Most Amtrak trains

The rules against guns on Amtrak trains will change Dec. 15. Another victory for the Second Amendment and freedom of choice! LINK

Supreme Court to hear another campaign finance case.

Liberals and Dems were screaming like stuck pigs when the Supreme Court found in Citizens United that parts of the federal campaign spending act violated the First Amendment. The Supreme Court has agreed to review another campaign finance law Although this AZ law is different, it still, IMHO violates one of the basic commands of the First Amendment which is that government should stay out of the marketplace of ideas. J. Kennedy will, as usual, be the swing vote. Look for a 5-4 decision no matter who wins. LINK

Former Republican House Leader Convicted

One of the biggest stories breaking over Thanksgiving vacation was that Tom DeLay, former U.S. Rep. and House majority leader for the Republicans, was convicted in state court of money laundering related to violation of state campaign funding laws. He plans to appeal. LINK

HAVE A SAFE AND HAPPY THANKSGIVING!

OK folks, it's time for everyone to once again to look at their lives and focus on the half of the glass that is full. Even if it's not half-full, be thankful you at least have a glass with a little in it. Things could always be better, but nature and fate owe us nothing! Death, pain, frustration and tragedy are a built-in part of the human condition. Let's all try to focus on some of the happiness that is also occasionally a built-in part of the human condition. HAVE A GOOD ONE!

AZ becomes 15th State to Approve Medical Marijuana

Lost in the election and California marijuana initiative news was the fact that Arizona, usually thought of as a conservative state, approved medical marijuana by a slim margin. As you might imagine, Calif. was the first to approve (in 1996). D.C. has also jumped on board recently. Stay tuned! LINK

The impending death of the concept of the individual

The latest uproar over intrusive search procedures by the TSA at airports is just another step in a possibly irreversible trend in America and other societies. LINK Thanks to the Enlightenment, Civil Rights, and other movements, human beings came to be viewed as individual beings entitled to rights and to be treated with dignity and respect. Authoritarian government was rejected. Obviously, some intrusions can be justified. However, the cumulative effects of both justified and unjustified intrusions will have dire consequences. Because of a number of factors, including mass culture, mass society, fear of crime and terrorism, huge, paternalistic governments and unethical corporations, those values are being lost. The individual will no longer be valued as a citizen, voter and taxpayer. Individuals will come to be viewed by government as clients, people in need of help and protection against bad choices such as diet, recreation, etc. Increasingly everyone will be viewed as a potential criminal or terrorist.. Freedom of choice in important matters will disappear. Mass processing and the assembly lines will be how most individuals are dealt with. Welcome to the cattle pen and the cattle prod! 1984, Brave New World and Fahrenheit 451 will no longer be viewed as scare tactics.

EU border and immigration problems

Certainly the U.S. deserves lots of criticism, but many Europeans are self-righteously critical of the U.S. Some people need to look at the European Union before throwing stones at others. Many left-leaning Americans look on Europe as a model we ought be emulating. There is lots of criticism of U.S. immigration and border policies from both Americans and Europeans. It might be informative to look at how the EU is handling their Muslim and other immigration problems. LINK

LAPD in hot water again

Racial profiling still an issue. LINK Remember LAPD's Rampart scandal--one of the most widespread police corruption scandals in American history? LINK

Texas Law Enforcement Officer dies in crash

We almost always hear about officers who are killed by suspects. However, there are often as many officer killed in accidents, usually automotive. This Texas DPS officer died in an accident while serving us. RIP. LINK

The problem of vague Supreme Court decisions

Lower courts and public officials are expected to follow Supreme Court decisions. Sometimes, however, perhaps unavoidably, these decisions do not provide clear guidance. This article is a good discussion of this problem. LINK Hopefully you can access this without having to subscribe.

Licensed concealed carry on TX state college campuses again an issue.

During the Texas legislature's prior session, bills to allow those with valid Texas concealed carry licenses to carry on public college campuses never got up for a real vote. This will be an issue again in the new session which starts in January. You can make a good argument that a ban on concealed carry on public college campuses is a violation of the Second Amendment. Let's be clear on this. There is no requirement that licensees do so. The bills only give them freedom of choice on the issue. I know my libertarian bias is showing, but one would think that a society that labels itself free would welcome freedom of choice among law-abiding, trained, citizens who have cleared the legal and practical hurdles of getting a license to carry. Bill White would have let college Presidents make the decision. That was a cop-out. Decisions effecting freedom of choice for law-abiding licensed citizens should be made by politically accountable officials, mot politically unaccountable bureaucrats. One of the few (and far between) positive things about Rick Perry was that he would not leave the decision to the bureaucrats, but to politically accountable officials. IMHO, many liberal Democrats will be tip-toeing gingerly around this issue in the coming months. We can probably anticipate delaying and other tactics against the bill from some of these reps. LINK

H.S. Teacher suspended for violating student's First Amendment Rights

There are too many right and left-wing ideologues in public school classrooms. I sometimes shudder at the frequency of reported cases of strip searches, and other constitutional violations in our public schools. LINK

Scalia-Breyer Debate--Scalia would repeal 17th Amend.

Supreme Court Justices Steven, "the Huckster" Breyer and Antonin, "The Originalist" Scalia, had a public debate recently. One of the topics was the 17th Amend. The debate appears to be pretty-much a draw. LINK However, in Court opinions, IMHO, Scalia usually demolishes Breyer.

FBI's Internet Crime Complaint Center

Feel free to check out the FBI"s Internet Crime Complaint Center! LINK

The Seventeenth Amendment and Federalism

Some of you might enjoy this brief article on federalism and the adoption of the Seventeenth Amendment (direct election of U.S. Senators). LINK

History of Political Scandals in the U.S.

Some of you might enjoy this long and detailed accounting of political scandals in the U.S. LINK

Texas Inmate Dies After 34 years on Death Row

Ronald Chambers was Texas'longest-serving death row inmate. Although cause of death has not yet been determined, he did manage to avoid execution. LINK