It Happens Every Day

Nothing New Here


There has already been quite a lot of ink spilt on the Internet regarding the recent sad loss of Aaron Swartz. (And, yes, Bunny Chafowitz, I put “spilt” in there just for you, since I know you think that verbs should not end with “t.”)

Unsurprisingly, that ink spreads all over the place, forming inane commentary, as well as some more thought-provoking. (Equally unsurprisingly, two of the best articles — this one and this one — come from New York criminal defense attorney Scott Greenfield. I don’t know why I even bother to blog, with him still casting his long shadow over the blawgosphere. (For the record, I knew he wouldn’t quit: real writers can’t quit. At most, we slow down while tending to other life issues.))

As Scott points out, Aaron Swartz’s case is not unique in the criminal “justice” system; he’s just getting more attention because of who he was, and, more importantly, who his many admirers are.

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Call Somebody Who Cares

Dimes


When I was in high school, a common taunt when anyone complained about something was, “Here’s a dime: call somebody who cares.”

Thing is, in the 1970s, if you wanted to actually follow that advice, it wasn’t much of a problem. You simply offered to accept the dime — later a quarter — found a phone booth, and dialed the number you’d memorized for those who might actually care.

As Stephen Petrick recently learned, it doesn’t quite work that way anymore.

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Appearances


Wow.

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A Tale of Two Systems


Since going to law school, I’ve been told more times than I can count that I’m “too idealistic.”  My belief in “what the law should be” is considered by many to be unrealistic, primarily because I believe the law should be what it says it is.

Well that and, unlike Justices Scalia or Thomas, I’m actually an Originalist.

At times, this has lead me to disparage; at other times, to despair.

The fact is that there is a duality to the law that not enough, if any, ever see, let alone experience.

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Marijuana & The Rule of Law


During the last few weeks, there were a few shootings — though this Fresno Bee story mentions four — when people allegedly tried to steal marijuana that did not belong to them, growing on property where they had no permission to be.

Obviously, something had to be done.

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A Broken Fence


I haven’t posted much lately, I know.  To be frank, I’ve considered just taking down my blogs.  I’ve struggled with the decision as to what to do — and tried to understand why I feel the way that I feel.  It’s not that I don’t have things to say: I’ve written numerous posts.  I just never complete them because, well…it hardly seems worth it.

Our system is irrevocably broken.  Nothing short of a new Revolution would fix it.  And I’m not at all sure the Americans of today can fix it even then.  We can only, at best, tear down the present Tyranny.

And why is that?

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Ignorance of the Sausage


As the First District Court of the State of California has noted in a case certified for partial publication — the irony of this will soon become apparent —

It is commonly said that ignorance of the law is no excuse. (People v. Meneses (2008) 165 Cal.App.4th 1648, 1661 [82 Cal.Rptr.3d 100].)

It is also commonly said that sausage and legislation are two things you don’t want to see being made.

Although I doubt he had the protection of your sensibilities in mind, the Roman Emperor Caligula developed a unique plan to hide the law from the people who were, nevertheless, held accountable for it:

[G]reat grievances were experienced from the want of sufficient knowledge of the law. At length, on the urgent demands of the Roman people, he published the law, but it was written in a very small hand, and posted up in a corner, so that no one could make a copy of it. (Seutonius, “Gaius Caesar Caligula” from The Lives of the Twelve Caesars, XLI, p. 280.)

California courts have found a better way.

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The Gates of Hell


Today’s San Francisco Chronicle, in a story titled “Gates 911 tape raises more issues in case,” is important because it mentions — and I’d like to highlight — something that happens every day.

And no, it’s not that the police are prejudiced and immediately suspect, stop and harass African-American males for being in the wrong place, any time.

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