Something.
I love his line about "over-engineering revenge."
NASA. Get it? Space?
by Mike RappaportAnd then there's administrative law. Just as Constitutional Amendments don't happen due to Supreme Court rulings, Congress leaves most rule-making up to unaccountable bureaucrats.
In economics, Gresham’s Law is the law that say “bad money drives out good money.” In law, there is a similar law – deviant or problematic lawmaking drives out orthodox or legitimate lawmaking. This occurs in both constitutional law and administrative law.
Let’s start with constitutional law. The law of the Constitution is supposed to be established through the constitutional enactment process and the constitutional amendment process. Yet, it is well known that the Supreme Court does not always follow this legitimate method of constitutional law making, and instead changes or updates the Constitution through judicial lawmaking.
It is sometimes thought that these two types of lawmaking can coexist, but it has become increasingly clear that this is not the case. Since the New Deal, and especially as the Court has engaged in more judicial updating, the constitutional amendment process has atrophied. The main reason is that a constitutional amendment can only pass if it is supported by a consensus of the country. And developing a consensus may take a long time and may require compromise.
I fired my warning shot like I’m supposed to by law.Not only is there no legal requirement to fire a warning shot, but police are generally prohibited from firing warning shots.
12:50 a.m. “We’ve got a bunch of hoodlums out here. I’m locked and loaded, and I’m going outside to secure my neighborhood. You need to send PD as quickly as possible.”and
“You need to send PD as quickly as possible, I’m on neighborhood watch. I’m gonna have the neighbors with me. There’s hoodlums out here racing up and down the street. It’s 1 o’clock in the morning, um, there’s some vandalism.”and
12:57 a.m. “We have a lot of people outside our house, yelling and shouting profanities. I yelled at them, ‘Please leave the premises.’ They were showing a firearm, so I fired a warning shot and, uh, we got somebody that got hit.”at which the dispatcher asked (reasonably enough)
“Someone was shot?” the operator asked.Okay, so...
“Well, I don’t know if they were shot or not, ma’am,” he told her. “I fired my warning shot like I’m supposed to by law. They do have firearms, and I’m trying to protect myself and my family.”
The operator asked who had come to his house.
“Ma’am, I don’t know who they are,” the man said. “There’s frigging black males outside my frigging house with firearms. Please send PD.”
See, the problem is with the nature of a "watchlist."We are happy to meet with Donald Trump. The NRA's position on
this issue has not changed. The NRA believes that terrorists should not
be allowed to purchase or possess firearms, period. Anyone on a terror
watchlist who tries to buy a gun should be thoroughly investigated by
the FBI and the sale delayed while the investigation is ongoing. If an
investigation uncovers evidence of terrorist activity or involvement,
the government should be allowed to immediately go to court, block the
sale, and arrest the terrorist. At the same time, due process
protections should be put in place that allow law-abiding Americans who
are wrongly put on a watchlist to be removed. That has been the
position of Sen. John Cornyn (R.-Tex.) and a majority of the U.S.
Senate. Sadly, President Obama and his allies would prefer to play
politics with this issue.
Before September 11, 2001, the no-fly list, which names people who are banned from boarding flights in or out of the U.S., contained 16 people. A leak revealed that that number had grown to 47,000 as of 2013. Most of those names were added after President Obama took office. The broader terrorist watch list maintained by the Terrorist Screening Center has an even more expansive scope; the estimated number of people on the list has ranged from 700,000 to more than 1.5 million, figures which include Americans and foreigners.One and a half million. 1,500,000.
As I said back in February of this year,Upcoming Law of Self Defense Seminars
As I've mentioned, I am preparing a major re-location from Massachusetts to Colorado within the next couple of months, and have blocked out most of the summer to allow for our move. The pace really picks up again late summer and into the fall. As usual, all seminars are state-specific, with some covering just the state in which they are being held while others also cover adjoining states.
August 7: Raleigh NC
August 13: OR & WA: Portland OR
August 20: TN & KY: Nashville TN
September 10: Talladega AL
October 1: PA & NJ: Philadelphia PA
October 15: Arizona NM
October 16: TX & NM: El Paso TX
We'll have plenty more seminars scheduled all over the country. Just click here to learn about seminars coming in YOUR state!
...I will wrap it up by saying that the experience was well worth the money, and it is highly recommended; if you cannot attend the appropriate session for your state, and are at all concerned about the legal aspects of self-defense, then you should at least read Andrew's book, and see about bringing him to your neck of the woods.
WPIC 16.08 No Duty To RetreatAnd also in at least one court opinion:
It is lawful for a person who in a place where that person has a legal right to be and who has reasonable grounds for believing that [he][she] is being attacked to stand [his][her] ground and defend against such attack by the use of lawful force. The law does not impose a duty to retreat.
In Washington, one who is assaulted in a place he has a right to be has no duty to retreat. Flight, however reasonable an alternative to violence, is not required.Complicating the Stand Your Ground issue is the possibility of the prosecution in a criminal case, or a lawyer in a civil case, making the argument that you were the aggressor. In this case, you will want witnesses that you made efforts to de-escalate and leave the scene, in order to "regain your innocence", as it were.
State v. Williams, 916 P.2d 445 (WA Ct. App. 1996)
Nothing in [Oregon self-defense statutes] suggests that a person who reasonably believe that another person is about to use deadly force against them must calculate whether it is possible to retreat from that threat before they use deadly physical force in self defense.Which sounds great except that, in a footnote, advised that "a person who wishes to avoid criminal liability may well be required to avoid the danger..."
The Seattle Police Department is releasing photos and video from a fatal officer-involved shooting, which occurred Sunday as officers attempted to arrest a felon illegally armed with a handgun.This is the OIS I referred to in the intro to my previous post, that has local activists all riled up.
Around 3:30 PM police were conducting surveillance in the 2200 block of Northeast 85th Street as part of an ongoing investigation. Officers observed a man with a holstered handgun, and identified him as Che Taylor, 46, a convicted violent felon, legally prohibited from possessing a handgun. Taylor’s criminal history includes convictions for assault, robbery and rape.
At approximately 4:15, officers called for additional units to assist in taking the suspect into custody. As Taylor stood at the passenger door of a white Ford Taurus, a marked patrol vehicle with emergency lights on pulled up facing the Taurus.
An SPD arrest team then approached the vehicle to take Taylor into custody. Officers ordered Taylor to show his hands and get on the ground. He did not follow officers’ commands, and instead leaned into the Taurus.
According to officers, as well as a civilian witness interviewed by investigators, Taylor reached for his handgun, leading officers to fire.
Officers detained the other two people in the car and called for medics. Police performed CPR on Taylor at the scene until medics arrived. He later died at Harborview Medical Center.
Detectives are still serving warrants as part of the investigation, but have recovered Taylor’s firearm, When Taylor arrived at Harborview Medical Center, he was carrying approximately 6 ounces of suspected crack cocaine and black tar heroin. Officers booked one of the other people in the vehicle into the King County Jail for possession of a significant quantity of suspected heroin.
Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch. http://tiny.iavian.net/8ymq
And it's actually quite interesting, or at least, I found it so.Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform.
It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom.
Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
...as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the Act.to be, well, shocking.
By some accounts, the data exposed goes back 20 or 30 years.The massive hack into federal systems announced last week was far deeper and potentially more problematic than publicly acknowledged, with hackers believed to be from China moving through government databases undetected for more than a year, sources briefed on the matter told ABC News."If [only] they knew the full extent of it," one U.S. official said about those affected by the intrusion into the Office of Personnel Management's information systems.It all started with an initial intrusion into OPM's systems more than a year ago, and after gaining that initial access the hackers were able to work their way through four different "segments" of OPM's systems, according to sources.
A consultant who did some work with a company contracted by OPM to manage personnel records for a number of agencies told Ars that he found the Unix systems administrator for the project “was in Argentina and his co-worker was physically located in the [People’s Republic of China]. Both had direct access to every row of data in every database: they were root. (!!!) Another team that worked with these databases had at its head two team members with PRC passports. I know that because I challenged them personally and revoked their privileges. From my perspective, OPM compromised this information more than three years ago and my take on the current breach is ‘so what’s new?'”(Emphasis added)
An absurd law, precisely because it is absurd, will generate widespread contempt and noncompliance among the people. This makes enforcement difficult for a government, which can impose its will only through draconian measures. Laws may be humorous, but their enforcement rarely is.Seems that the crafters of law should keep this in mind.
George H. Smith
Defendants who claim self-defense, and win their cases, are entitled to reimbursement for lost wages and other costs, a Washington state appeals court has ruled.It's been the law in WA for a while that, if you successfully argued "self-defense" and won, you would be reimbursed for d=legal costs. Now the State Appeals Cpourt says you can be reimbursed for other costs as well, including lost wages. Defendant wins back wages, other costs in ‘stand-your-ground’ ruling | Local News | The Seattle Times
In its ruling, the appeals court leaned on an earlier Washington state Supreme Court case that said the reimbursement law was broadly meant to ensure that no “costs of defense” are borne by a person acting legally to protect his or her life. Thus, in Villanueva’s case, the Court of Appeals said, the lost wages “constituted lawful earnings he would have received but for being prosecuted.”The original arrest was in 2010, he was acquitted in 2012, and the appeals court just made it's decision. Alas, that this counts as "swift" justice in today's America.
The court went on to rule that because Villanueva was also defending himself legally after the trial, through the appeals process on the monetary reimbursement question, he had piled up additional reimbursable defense costs since the verdict, the judges said.
“Therefore, we award him reasonable appellate costs,” the order said, in sending the case back to the trial court to determine what a reasonable added amount should be.
The NAACP... called for federal civil rights charges against ZimmermanAnd...
In Miami, more than 200 people gathered for a vigil. "You can't justify murder," read one poster.Either the concept of "self-defense" has escaped them, or they have separate definitions based on... Oh, I don't know, the amount of melanin in ones epidermis?
Carol Reitner, 76, of Miami, said she heard about the vigil through an announcement at her church Sunday morning. "I was really devastated. It's really hard to believe that someone can take the life of someone else and walk out of court free," she said.And would she have felt this way if she had happened to read (on page B-7 of the local fish-wrap) that Trayvon Martin had bashed George Zimmerman's head in?