Mineral Ownership Principals

This post is probably going to be boring for anyone reading it, because I'm basically re-stating the Texas Law of Oil and Gas, Second Edition, by Ernest E. Smitha nd Jacqueline Lang Weaver (I'm reviewing my work right now, and hope that this will help the study sink in that much deeper).  Nothing I am writing is new, and while I am trying to re-state it, the ideas come from their research and writing.  If I'm misstating what they've said, then I welcome corrections, however, I will not be posting any other citations for their work beyond this paragraph. 

In Oil and Gas law, particularly here in Texas (which I single out due to the fact that my study materials are for Texas Oil and Gas Law), perhaps the first issue one encounters when dealing with Oil and Gas after locating it is the question, "Who owns it?"  over the years, the concept that has controlled has been the Rule of Capture. 

As the authors note, "the probable reason for the urle of capture was not so much the legal analogies but practical necessity."  The concept apparently was adopted earliest in Appalachia and here in Texas beginning in 1910. 

The basic notion of the Rule of Capture is, essentially, that a person owns all of the oil and gas produced by a well on his land, even if the well is draining oil and gas from underneath other properties.  Note that this applies to wells that are bottomed on their land, not a well that has begun on their property and angled into another person's property - that would be a trespass.

There are remedies for the owner whose minerals are being drained, such as an offset wel.  The landowners, in Texas, has this ability, as recognized by the Texas Supreme Court. 

There is a lot to go through in this book, and I'm going to be doing it relatively piecemeal, so bear with me.

Again, this is the "lite" version of the material - please read Texas Law of Oil and Gas, Second Edition for a thorough working of the law.

Playoffs

I must say, I was kind of hoping that Peyton would fare a bit better than he did. While I think that pass was quite the mistake, I also think it's unfair to place the blame for the loss on his shoulders. He wasn't the one who gave up a 70 yard touchdown pass in the last two minutes of regulation to put the game in overtime. On another note - I am not necessarily a fan of how Alex Smith got jobbed in San Francisco, but I'm happy to see the 49ers win and bid good evening to Green Bay's playoff season.

Ouch

I'm watching 2 and a half men, and they just finished a musical number called "You're a douche." I don't think I've ever heard the word douche used so much in any one day, let alone 5 minutes. Now, I know the sow was never exactly high brow, but man, this is painful to watch anymore. I do hope this is it for the show.

Another New Year

I'm not convinced anybody is still reading this, and I'm definitely not convinced that I'll be posting any more regularly than I have the past couple of years, but to those who are still out there - Happy New Year!

More Taekwondo

No pictures this time, but I wanted to let you know that we had a tournament recently, in Brenham again - the 2012 Fall Unified Taekwondo Invitational Championship.

This was the second tournament for myself and the Apple.  Additionally, last weekend was the Princess's first tournament.  All things considered, the Binjo Ditch clan fared pretty well.  The Apple finished first in patterns, which is outstanding, and just off the podium for sparring (Apple's dad is convinced the Judges missed a point that would have put him at third).  The Princess finished second in both patterns and sparring, which is outstanding for someone new to tournament life.  I had to watch the second match she fought as I was assigned to spar at the same table as soon as her group was finished.  Speaking of which, my sparring went pretty well.  I am now a Blue Belt, which in ITF equates to about half-way to a black belt.  In my group, I was paired up against a yellow stripe (first belt acquired after white belt) and a yellow belt (second belt acquired).  I ended up fighting both individuals in sequence, winning both matches and thus taking first in my group.  Us old guys really are an interesting group to watch sparring.  Fortunately, I've been doing some cardio at the gym for the past few weeks, so I wasn't as dead out of breath after fighting as I was last tournament. 

I don't particularly care for the tournaments.  I don't like to fight, and really only do the taekwondo for the physical exercise.  However, the tournaments are a requirement for black belt (another issue I have with organized martial arts is the mandated tournaments).  At any rate, I'll be sticking with Taekwondo until I either get my black belt or the kids decide they're done, or I just run out of spare time to do it.  At any rate, it's definitely fun.  I encourage it for all who are interested.

At another point I'll discuss my understanding of the differences between the different styles of Taekwondo... because I know y'all are itching to hear!

October

Hard to believe it's been so long since I posted.  I remember when I did this multiple times a day.  Amazing what having kids and work will do to your free time.

Still alive and kicking

We picked up a new car yesterday.  It's a big improvement over the previous car, however, it's not quite the uber-vehicle I'd dreamed of (which I knew going in, so it's not a disappointment).

In other news, apparently Bristol Palin will be on a reality show that will show that she is a normal mom. Don't interpret what I'm going to say as a dig on Bristol Palin individually, however, it seems to me that anyone who is talking about what their reality show is going to demonstrate is not someone that qualifies among the ranks of "normal."  In my experience, normal people don't put their lives in front of a cam-... actually... Maury, People's Court, Divorce Court, etc... perhaps reality show folks are normal...

Other than that - how are y'all?

Deep Thoughts

Okay, maybe not too deep, but something that popped into my head...

How many people, if they were truly honest with themselves, would say that an accurate answer to "what did you want to be when you grew up?" is "envied?"

What a Week

It was a rough week last week. I just got through what could be the most difficult Opinion I've ever worked on, and frankly, I'm exhausted.

Of course, I don't get to take a break because there are other Opinions that need working on.

Not that I'm complaining about having work. It beats the alternative.

Still, I could use a day off. Not that I'd know what to do with it.

Sorry, just a little rant. Trying to get it out of my system before getting back to the grind.

Time Time Time, See What's Become of Me

I miss blogging. I really do. Of course, most of the folks who I usually read/posted with no longer blog, which detracts some from the enjoyment of blogging, but I do like getting a few moments to put some random gibberish up on the screen.

I've unfortunately not been able to find a whole lot of spare time, recently, given the activity in which I find myself mired. Work has been very busy, and the children are involved in their extracurriculars, band, gymnastics, martial arts, etc.

I've also been active recently in Taekwondo. Learning the patterns, challenging myself to become at least a little healthier (or less unhealthy, perhaps?) has been really beneficial.

Unfortunately, all of these other things, plus housekeeping, cooking, caring for the dog, etc. means that I have less time to get in here and post random thoughts. I suppose the only real harm there is that they get bottled up in my head, but that really doesn't do much damage...

At any rate. I miss blogging, and I hope to be able to find a few moments every couple of days to throw something up here.

Wine

I started drinking wine about 2.5 years ago, after my wife and I enjoyed our trip to Italy. Great time. I never spent too much time on wine prior to this... my previous experiences with wine were that they were too sweet (white wines that I'd had), or they made the area at the back of my jaw hurt (red wines).

I have since learned that there really is a difference between the grapes, and the region where the grape is grown. I won't go into details, because I'd fudge it all up, but in a nutshell, I find that I really like a good red wine with lots of fruits and low on the tannins. My current red of choice is Inferi. It's a Montepulciano d'Abruzzo, from Italy. The flavors are full and have some oakiness to them, which helps make it a really smooth drink. In addition, there are a couple Spanish wines that I find I really enjoy, as well. Real de Aragon is a nice bargain with good flavors and low tannins (that's what made my jaw hurt, I've learned), that pairs well with lots of food. I love this as a table wine. I've also found that I enjoy Marquez de la Concordia Crianza, which is also a very nice to drink wine. Lately, I've picked up a couple bottles of Cubo, which is a tempranillo from Spain that also works really well...

I don't drink often, but I do drink about once a week. I find that enjoying a movie and a nice glass of wine is a good combination as I get older.

Long Weekend

Technically, not for me, as I'll be working Friday and Monday, but for the family. The wife will be taking a girls' trip to Vegas with her best friend and a couple other ladies, leaving me alone with three kids.

Now the question for me is, how does one spend a long weekend alone with the kids? There aren't exactly any family-friendly movies out that we haven't already seen, and I don't know how excited I am to spend the weekend at home trying to keep them satiated.

I suppose I could take them to the Zoo, or the Aquarium, but I'm not a big fan of either of those. Maybe I should take the kids to Sea World. They'd probably enjoy that, but I don't know if I could handle 3 kids alone at the park.

Taxes are paid, so we are no longer swimming in wealth, but we've still got a bit packed away, which is nice. I guess we'll just make sure we get out to eat once or twice and try to make the most of it. Perhaps a trip to the national forest is called for.

What Makes a Hero?

I was reading on another blog that I occasionally frequent, and there was a question that was posed in one of the posts, "does serving in the military make you a hero?"

Being a lawyer, my first answer was, of course, "it depends."

But then I thought about it. Timothy McVeigh was in the military. So was the defendant in the Fort Hood shootings. PFC England. Bradley Manning. Countless military members have been convicted and sentenced for crimes committed during service and after service. I had the duty of being a prisoner escort as one of my supplemental duties in the Air Force at my last duty station, and among the drug users and rapists that I escorted, I also had the chance to pick up an Airman who had been convicted of possession and distribution of child pornography while on a military base.

I have a hard time considering these individuals heroes.

But perhaps these are the exceptions that prove the rule? So I looked at the question a little more abstractly. By mere act of service, does that make one a hero? I mean, in reality, you become a military member by (1) Passing a physical, (2) signing a contract, and (3) making a promise (an oath of enlistment is little more than a formalized promise). Does satisfaction of those three elements in and of themselves qualify someone a a hero? Does it take something more, like successfully completing boot camp? Is there a lodestar service term that qualifies one as a hero, such as 6 months or 2 years, or 4 years?

I served 8 years in the Air Force, and by most accounts, without distinction. I struggled with my weight, however, I was promoted to Staff Sergeant in advance of the average. I complained, a lot, but I did my job, usually satisfactorily or better, depending on the day. I volunteered when I felt the urge, but I never consistently went above and beyond. Does the fact that I received an honorary discharge make me a hero? I sure don't feel like one, and I'd venture to say that the majority of men and women with whom I served felt or feel the same way, both about me and themselves.

I don't know what makes a hero. Perhaps it's all a matter of perspective. Interesting question to consider. Military members are people who volunteer to go into harm's way, sacrifice their Constitutional rights, and do so for pay that civilian counterparts would scoff at (I was offered a contract job when I separated that would have paid - to start - about 3-5k more per year than I made as an NCO, with full benefits). Is it possible that "the military" is heroic while the individual members need to be considered on a case-by-case basis?

Ponderings

Bragging on My Boy

So my oldest is 13. We refer to him as "the Boy." Good kid, sharp, mostly responsible, though can be a bit stubborn from time to time.

At any rate, we knew he was a sharp one from the beginning (all of my kids are pretty sharp; I think it comes from their mom's genes). We got some confirmation when he was added to the school's gifted and talented programs in elementary school (GT), and was placed in Pre-AP classes upon entering Jr. High.

This year, he was asked to take part in the Duke University Talent Identification Program (TIP). This meant that he got to take the ACT, and based on his scores, he qualified to take part in the summer program, which means The Boy is going to College for a month this summer.

We are quite excited for him. He'll be sending in his applications for classes this week, and when he's done, we'll get to figure out where we'll be sending our hard-earned money and our rather sharp young man for the summer.

I'm not sure how many kids get to take part in this every year, but I know I was never afforded the opportunity, so I'm very excited for him.

Good Ole PNW

So I'm writing to y'all from the beautiful city of Lakewood, Washington... the land of Koto Teriyaki. And where your inimitable author matriculated from high school (yes, I had a permit for that).

It's been nice so far, visiting the family. Today we drove down to Mt. St. Helens, drove up the highway a bit so we could find a wilderness park from which we could gaze upon the direction where we'd see the mountain had there not been Washington State Cloud Cover blocking all vision in all directions from January through the third week of August.

The kids enjoyed it nonetheless, as we drove into the blast zone (the part of the park where the eruption reached). Great times were had by all enjoying the snow, the scenery and their dad freaking out driving over bridges that weren't quite secure looking enough for dad while passing over chasms over 600 feet high.

I was disappointed that we didn't get to see the mountain, but I can't say that I'm entirely surprised. I did hope that by getting up closer that we'd at least be able to see something of the mountain, but we settled for Toutle River, seeing the blast area there.

Such a good time. We enjoy the quality time with the family, and the strawberry rhubarb pie was better than I thought it would be, so it's win-win.

Monday, Monday

We're heading off to Vacation in a couple days, so I figured I'd take a moment before getting down to work for the day and post an update on here.

After more or less ignoring the blog for the better part of a year, I figured it was about time I started putting something on here, though I'm fairly certain Bruce is the only one who still reads it, and he doesn't appear to have a blog of his own anymore.

I found that I got myself a little too involved in politically-oriented posts before I took my break, and I think I'm going to try to make a conscious effort to do less of that on this blog and be a little bit lighter in fare here.

I hope y'all (Bruce) don't mind.

Vacation, All I Ever Wanted

In about a week, we start our spring break vacation. For the second consecutive year, we will be flying back to where we went to high school and the better half went to college.

We like the PNW, though we will be saddened some that some of our blog friends have left the area. I am not opposed to living in the greater Texas Gulf Coast region, per se, but there are times where I do think it would be nice to have family somewhere relatively nearby.

It'll be nice, though. Our week is more or less packed, Aquarium, Ferry, Volcano, Crossing the border, Public Market, etc. It should be fun, but I somehow think we'll be more tired when we're done than we were before we left.

And it'll be nice to eat some good Asian restaurant food

Due to the High Demand

I present you with two (2) pictures of your inimitable blogger in action at the 28th Annual Unified Tae Kwon Do Invitational Championships. I'm the guy who looks more like a marshmallow. The first image is from my first round match, which I lost, and the second image is from my second round match, which I won.

Cheers.

Vignettes

Every now and then I go out and do stuff. Most recently, my youngest son (the Apple) and I participated in our first Taekwondo tournament.

The Apple signed up back around October or so, and really took a shine to it. After he'd been in it a couple months, he told me he wanted me to take it, too... and who can say no to their youngest child when they ask you to sign up and do something with him? So about the middle of January, I took my first class.

We did all right in the tournament. The Apple finished fourth in his group for his patterns, but unfortunately lost in his first round match for sparring and did not place there. He's a bit skittish about sparring, and since he's a bit short, standing back does not help him out.

I placed second in my group for patterns and surprisingly finished third in sparring. I say surprisingly, because I've not sparred before, and due to the low number of participants in my age group, I was paired up against individuals with significantly higher level belts than myself.

All things considered, we rather enjoyed ourselves. It was a good experience that I am sort of looking forward to repeating.

Advice for the July 2011 Texas State Bar Exam Takers

Reposted from June, 2008, but still pertinent.

It's almost July; the exam is coming up in about a month. Some of y'all may be getting stressed, particularly about practice exam/simulated MBE scores. First off - the simulated MBE is to give you an idea of what the exam is like and to kind of remind you that this is coming up. Keep studying your rules of law, and you will be fine.

Remember, the exam is there to test how well you can spot issues, state the rule and apply it (this is your IRAC in action). You have to be able to keep your thoughts organized - take your time and let the answer come out. Don't panic. So long as you've studied, you should be fine. The exam is designed to be difficult, but passable. The idea is that you need to put in the effort to prepare for it. Remember that, and remember that you already learned most of this in law school and you're just refreshing your mind while studying for the bar, and you should be fine. You still need to actually study, though. That part is tough to pass by...

I can't tell anyone "how" to study for the bar exam. Everybody learns their own way. I can tell you what worked for me, if that gives you a launching point for your own preparation after BarBri ends.

Photog and I studied together. We went to BarBri together, then went to the school and studied together. One thing that helped us was that we were able to find a room where we could speak to each other without worrying about disturbing others. This way, we could go over practice questions and exams and discuss the answers to reinforce what we were learning. We actually chose the International Law Society office at STCL because we knew we would be able to study and still have things to take the focus off our stress.

We would start the day by doing about 30-50 multiple choice questions, either from the Barbri software or questions from other exam sources. We would read 10 questions, we would both come up with answers individually, then we'd share our answer. If the answers did not match, then we would "sell" our answer to the other before we checked the answer (on the software we usually did this one question at a time). After we checked our answer, we made sure we understood the reasoning for the answer, particularly if we got it wrong, or if we got it right but only because we guessed the correct letter. Attention to detail counts here. Read each word in the question and answer. Then we'd take lunch.

After the MC questions, we would start on the essays (should be the yellow book). Again, we'd read a question, come up with an answer, explain the rule of law, and support our position. For these, we usually were pretty close with our answers, but our reasoning might differ slightly, except in the situations where we simply had no idea about the topic of the question (this will happen - make sure you make note of it and keep going - don't get bogged down). We would do this for 3-5 hours, usually getting through 3-6 essays (don't worry about speed, which will come, worry about getting the rules down). Then it was time for coffee and coca-cola breaks.

Then, depending on our energy level, we would consider going over the Procedure and Evidence questions - you want to do these a couple times, just to make sure you're comfortable with the questions - there's a limited number of questions that they can ask, so you should have little trouble getting these in your head.

One of the things that we had to do was keep something around to occupy ourselves - we had toy swords and a Nerf ball that we would bat around, and a yardstick we would balance from time to time. I find that I need to keep active while I'm studying, it helps me focus. This is certainly not for everyone and if you are studying with anyone, make sure that your study partner is of similar activity requirement.

Finally, keep your sense of humor, don't get discouraged - you know the information, you just need to practice getting it out. Like I said before - the exam is there to challenge you, not to try to fail you. If you ever need any bad jokes to ease the stress, I may know one or two.

Hi Debbie

We should do lunch.

Rewriting History

I have posted once or twice before on the First Amendment, particularly on the concept of religious liberty. It's been some time since I really got deeply involved in the concept, and I'm not likely to do so today, but let's gloss over the basic premise here real quick.

The first Amendment provides that "Congress shall make no law respecting an establishment of Religion, nor prohibiting the free exercise thereof..."

Practically, this means that if you choose to practice a religion in this country, you are free to do so, and if you choose to not have a particular religion or religious doctrine foisted upon, you have that freedom as well. Over the years, this First Amendment has been found to apply not just to the Federal Government, but also to the states, incorporated through the 14th Amendment.

There have been a few Court cases that have provided some (not crystal) clarity on the meaning of the First Amendment, including the oft-cited (by me) Lemon v. Kurtzman, 403 U. S. 602 (1971) which explains how a proposed act would not be violative of said Amendment: (it must have) 1. a legitimate secular purpose, 2. a pimary effect that neither advances nor inhibits religion, and 3. the statute must not foster an excessive government entanglement with religion.

Additionally, we have Justice Black's explanation of the First Amendment in Everson v. Board of Education, 330 U. S. 1 (1947), in which he states,

The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between church and State.

beyond this we have a few other cases that touch on the First Amendment, see e.g. Lee v. Weisman, 505 U.S. 577 (1992), Santa Fe ISD v. Doe, 530 U.S. 290 (2000), and Epperson v. Arkansas, 393 U.S. 97. One of the best resources for studying the history of 1st Amendment Religion Clause history is Kitzmiller v. Dover Area Sch. Dist., 400 F. Supp. 2d 707, which I encourage those interested in Religion Clause issues to read at least once.

Now that I've gotten the brief history that I said I wasn't going to get into out of the way, let's get to the crux of this post. What I'm looking at this morning is a quote by a member of the American Family Association, who has claimed recently that "Islam has no fundamental First Amendment claims, for the simple reason that it was not written to protect the religion of Islam. Islam is entitled only to the religious liberty we extend to it out of courtesy. While there certainly ought to be a presumption of religious liberty for non-Christian religious traditions in America, the Founders were not writing a suicide pact when they wrote the First Amendment."

If we go back and look at the legislative and Court history, we can see very easily how wrong-minded this notion is, but in order to combat untruths like this, we need to explain a lot. This is what makes untruths so dangerous - they are quick soundbites that (may) seem to pack a good amount of information in them but the explanation afterward takes so much longer to get through that people don't want to hear it.

I don't begrudge people their opinions, but before spouting off on those opinions, particularly of Constitutional Matters, I wish people would do their homework.

Abusing Open Records to Attack Academic Freedom

I am a little reluctant to repost this as I don't want to appear as though I'm taking sides or steadfastly agreeing with what he says, but if we presume for the moment that he is speaking the truth, then I agree that using FOIA as a sword with which to intimidate those who by your perception have insulted you is wrong on many levels.
Abusing Open Records to Attack Academic Freedom

Tuesday

So I've been back to work for a bit more than a day now. I need to note that I don't particularly mind my work - It's a bit tedious, which is fine for me, and detail oriented, which I don't mind, necessarily - transactional work is more my cup of tea than adversarial work.

However, I do miss an office. I miss having people with whom I can interact. Frankly, I miss having friends, both work and personal. Virtual commuting doesn't do much for cultivating camaraderie, and socially, my wife and I aren't exactly good fits within the local community. While I was already a bit of a centrist, which doesn't always bode well in a solidly red district, my marriage has certainly moved me more to the left (I still am not a Democrat, but I'm starting to wonder if I will end up one). I get a little concerned with some of the conversations I hear in the neighborhood and at the church we had attended for some time. We stopped after the pastor exclaimed his fondness for Glenn Beck on the pulpit - we figured that was a signal that this church and our philosophies weren't a good match.

Anyway, I keep my ears open and look for something else that might pop up, but I think I'm getting to the point where I'm pigeonholing myself. Ah, well. That's what happens, I guess.

Vacation

We just spent a week in Washington State for Spring Break. It was nice to get out of Texas for a bit, and while I spent a good portion of the time feeling anxious, stressed, or driving the car with anxiety or stress, it did appear that everyone had a good time.

We managed to take the kids fishing for rainbow trout, which the Boy thought was rather tasty. We also went to White Pass to do some sledding, and I was tempted (a little) to try my hand at skiing again - I went once about 18 years ago and dislocated my thumb, but had a great time. We took the kids to Seattle and saw Pike Place Market, the fishmongers, got some good (or so my wife says) coffee, bought some good smelling tea, went to the Seattle Center, Gasworks Park, the U, and a few other things here and there.

The wife really wants to move back up there. I'm not quite as enthusiastic, but inasmuch as I love my wife, I'll go where she wants. There's pretty good fishing and hunting up there, and my friends are all still there, as well.

I did have quite the bit of fun showing the posse a little bit about wine, and they seemed to have a good time with it as well.

Now we just need to get the wife a job up there (Bruce, Microsoft needs more admins), and maybe find a way to finagle admission to the UW MBA or LLM program for myself so I can look attractive to area employers.

Pro Union

(Cross-posted at Vim and Vinegar)

I was born in Michigan. I have family members who have worked at various points in the past with various different Unions. While I would not call myself a "Union Man," I do believe that I have a sympathetic ear to Unions.

I remember reading about the AFL-CIO, Samuel Gompers, and all sorts of information regarding the creation of Unions in school, and I always took it as a given that the presence of Unions was a good thing. I have believed, and still believe that there is an inherent benefit to the strength of our country that is provided by a strong Union infrastructure.

I am writing this in Ulysses-style, so I doubt I will make a terribly coherent, compelling argument in support of my position, but I'll shoot for it nonetheless.

in the 1800s, we saw the age of Robber Barons and tycoons. We saw a whole lot of money and opportunity go towards the richest of the rich while the poor, the immigrants, the women, and the children would toil for 12-18 hours a day for subsistence rations. It was a vicious cycle wherein the rich got richer while the poor could barely stay afloat.

With the advent of collective bargaining, Unions created a situation where individuals could negotiate for improved conditions - standard workweeks, more pay, benefits, job security, etc. The result was an era of unprecedented growth for America. Productivity soared. More people had more money, the rich were still fabulously rich, people were able to start doing things such as take vacations, buy luxury items, which further drove our economy, creating more wealth. We became the industrial power that was the standard for the world in the 20th century. It strikes me as no coincidence that the areas that saw the strongest growth in the 20th Century were the ones that had the strongest Union presence.

Now, while I believe that a strong Union is necessary, I believe that a Union can be too overbearing. I think that there have been times in the past few decades where Unions have made demands more to justify the continued presence of the Union than to protect against an actual or potential harm. Such overreaches can weaken the benefit Unions provide by providing an argument against the existence of said Unions. So, to a certain degree, I believe that Unions need to be a strong, silent presence, except when truly needed (a difficult task, I'm sure).

We're in a position now where I think the benefits of Unions can be made apparent once again. We have seen an increase in income gap between the richest Americans and the middle class (whose salaries have grown in relation to inflation in 30 or so years); we're seeing record numbers of families below the poverty line, we're seeing politicians and pundits arguing in favor of stripping/scaling back benefits for the majority of Americans (see Social Security) while arguing strongly in support of continuing tax cuts that disproportionately benefit the wealthiest Americans.

Corporate America has the bullhorn. They control the message, and they shout it loudly and often. I am pro-Union, because I believe that the working American needs a collective voice for the long-term benefit of our country and our way of life.

Misinformation Central

Disclaimer - I don't dislike Bill O'Reilly. I think he's about as fair as you get on Fox News, and he admits to a conservative bias. I'm not particularly a fan, and I don't regularly watch his show, but I saw this link on Salon.com and checked out his interview with Glenn Beck, who I do not like. I'm amazed that people follow this guy's ramblings, or that he has any fan base whatsoever. Everything in the world is tied to some socialist/communist movement designed to take down our countries, even here in America.

Now, the one source Beck provided in this interview was to what he termed the "One Nation" movement, which he claimed was a collection of the Unions and all the socialist (or was it Communist?) organizations in America trying to bring Fundamental Change to our way of life. The link he stated on the interview was to here. I took a chance to check out the link, and it turns out this website is "English for the Children," an organization in favor of Proposition 227.

I just don't understand this guy's draw.

I'm Still Here

But I'm mostly Blogging at my friend Just Wondering's site, Vim and Vinegar anymore.

Just not having the same dedication to run my own blog anymore.

As the Year Draws to a Close

While I can say I'm frustrated with what's going on, I can't say who I think bears the brunt of the blame. Republicans have been nothing but obstructionist game players who have shown an unwillingness to bend on anything that isn't their creation, but Democrats have been very slow to call Republicans on this obstructionism.

I do think the next two years are going to be constant attempts by the Republicans to destroy President Obama, which is unfortunate, because if they gave him a fair chance, they'd probably see that he's closer to the center (and possible a little bit on the right) than the wingnuts in charge of the Republican Party care to admit.

I've been mostly absent from this blog this year - I'm just not feeling the draw that I once felt for this. Not sure whether I'll get my mojo back or not; I tend to think this was more a distraction from Law School than any bona fide desire to get my voice out there the longer I go between posts...

The War On Christmas

I love the line about being secure in one's own religion.

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Food for Thought

I've more or less given up on the notion that Republicans are at all interested in serious governance. I think they have made it quite clear over the past decade that they are interested in one thing: the accumulation of power.

Sometimes, though, it's good to hear someone else's take on the position, just to give a better explanation for that determination. To that end, I direct you to read Steve M. at No More Mister Nice Blog, who has written quite well on this topic here, building on Andrew Sullivan's post here.

Both reads are good.

Sorry for the absence, again

So it's been a busy year. I've been mostly gone from the blog, but that's more due to malaise than anything else. Frankly, with spare time, I have nothing to avoid doing by blogging, which means I have less desire to blog.

I've been working as an Oil and Gas title attorney now for about 6 months. I don't mind the work, though, strangely, I do miss the commute. There's something to be said about having to get away from home and going to an office.

I am pretty certain I've decided to try to find work elsewhere. We had the opportunity to move to St. Louis earlier this year when I received an offer to work for the Department of Social Security, but we had to decline that offer due to the short notice of the start date as well as their refusal to help pay relocation. In the long run, it may have been a beneficial placement, but circumstances kept that from being a possibility legitimately.

At any rate, I think the spouse would be more comfortable moving west as opposed to midwest, and to that end, I've started looking for positions in the private sector on the West Coast. We'll see what, if anything pops up. In the meantime I'll keep plugging away at the job I'm doing, though I'm still not terribly pleased with the position (more about pay than performance).

I'm not sure why this is still a story

But Anderson Cooper does an outstanding job of showing the inanity of the "birther" position.

Busy Morning So Far

Turned in a new timesheet, finished another Chain of title, went and bought a new lawnmower (Toro - man that thing is quiet!) and cut the grass for the first time in like 3 weeks.

Need to get the title opinion for this newest COT done - I'll get a good start to it today, but probably won't finish it until tomorrow, but still, it's progress. I should be able to get through at least one more runsheet this week beyond this one. Getting through these a little more quickly now that the Base runsheet's done.

Cut and Run

That's apparently Governor Jan Brewer's new tactic after being shown to be inarticulate and unprepared for her first debate. She has now stated that she will no longer participate in gubernatorial debates and that she only did the first one for the money (public funds for her campaign). (all links from TPM unless otherwise specified)

Of course, facing people who ask questions would require her to answer to her false claims about beheadings in the desert. Because when she's not tied to a chair, she can just ignore it (azcentral.com) and walk away (tucsoncitizen.com)

This appears to be the future of the Republican Party - no direct answers, avoid the media directly but use them for their talking points. We see it from Palin to Angle to Paul, and now Brewer appears to be doing the same thing.

It astounds me that people support these candidates. Jan Brewer has a 20 point lead according to the Fox News clip on that last article. That's shocking.

Apathy

I don't care about Dancing with the Stars, and I don't care about Bristol Palin. I really don't care about Dancing with the Stars FEATURING Bristol Palin.

We're Still Here

School started this week and I've been somewhat busy with work and other concerns.

Need to find a hunting spot.

My Two Cents' On the "Cordoba Center"

I find it interesting just how much disinformation is out there regarding the Cordoba Center or the absurdly misnamed "Ground Zero Mosque."

First off - it's a former Burlington Coat Factory.
Second - it's a Community Center, more along the lines of a YMCA than anything else - basketball courts, swimming pools, etc., and open to all.
Third - It's less than 300 feet from an already existant Mosque.
Fourth - Muslims are working on the reconstruction in and around the ACTUAL ground zero with no complaints - though are they not doing a disservice to the memory of those killed by the attacks by practicing the religion of those who killed in the name of the same Allah they worship on the selfsame site?
Fifth - No Muslim Americans were involved in the bombing of the WTC. (if you need a link for this, then I really have no time for your opinion)
Sixth - Imam Rauf is arguably as big (or bigger) target of Al Qaeda than the "infidels" because he is not as pious (radical) as AQ.
Seventh - This "controversy" is the product of Fox News and company.
Eighth - Muslims were among those killed on 9-11. Denying one religion the ability to build on private property while not pining for a similar moratorium should other religions plan to build on private property diminishes the religious freedom (one of the things for which we ostensibly stand) and by extension their equal standing as American citizens - the very things that Al Qaeda hates us for.

I support Park 51, because of a couple reasons - first and foremost, it's their right to do so and I support 1st Amendment rights. Second, I think it's a slap in the face to AQ to allow this center to be built - "we respect the rights of all religions so greatly that we're able to accept willingly the construction of a center founded by men and women who subscribe to the same religion as you - we don't hate your way of life, we embrace all comers!" Third - For those who say "we support your right to build, just don't build 'here,'" I ask - what distance is far enough to be "acceptable?" One of my problems with the opposition (and with much Right-Wing rhetoric anymore is that there's never a serious (or in this case *any*) alternative proposed, just "no."

Quite frankly, unless you live in Manhattan near the site, how does this story affect you? Had Fox News and friends not manufactured the controversy in time for the new election cycle, would you have even known about it?

Wednesday - Crossroads

So I turned down a job offer a couple weeks ago, though I'm having second thoughts. The attorney is quite amicable, very knowledgeable, and I'd have full time hours at about $75-100/hour.

My current job allows me a lot of flexibility - I get to work on my own set of hours, I get to work at my own pace, and I get to stay at home - no commute, but I make less money per hour and I work fewer hours.

I'm not sure how I should handle this - maybe I should call the attorney who I'd turned down to see if he might have a spot for me part time a couple days a week, or maybe I should give up on the job I'm doing currently, or maybe I should continue doing what I'm doing, or I should switch jobs altogether and move to the new firm, which would give us the financial means for my wife to leave her job to find a new one if she wanted, closer to home...

Truth to Power

Thank you, Michael Bloomberg For speaking to one of the core tenets of our nation.

Dana Milbank Tackles Glenn Beck

The article starts by talking about an event outside Oakland, where a Glenn Beck listener got it in his mind that he needed to go do some killin' to stop the evil liberals from stealing our country. Dana then goes into greater detail about how this isn't an isolated incident, and that there is a common denominator here - listeners of Glenn Beck's conspiracy theories...

Speaking of Conspiracy Theories, Rubicon starts tonight.

Those Who Don't Study History

Are doomed to repeat it.

Sarah Palin claims her interviews were edited to make her look bad during the 2008 campaign.

Here is the full transcript of the Charles Gibson interview. There are other links to her other interviews there as well. Read them in their entirety and determine what you think.

Then Why is There Still Violence?

Apparently, John McCain knows something that he's not telling the rest of the world. I wish our guys knew that we already won the war in Iraq and that it's a peaceful, stable democracy that is a regional ally like we were told it would become.

What to Say

I've been neglecting the blog. I know this.

I'd like to say that I have a good excuse, like I've been busy with work, but while that's technically true, it's also misleading, as I was out of work for several months, and even now that I am working again, I'm working from home, so I have no commute to speak of to muck things up. In other words, I have more free time, yet I feel like I have less.

The kids are home for summer vacation. I'm glad, because I don't have to pay daycare, and I get to spend the summer with our rugrats. The Boy and the Princess have both started swimming this year, which is good for me, in that I don't have to try to watch 3 separate kids all at once while we go to the pool, but it's bad, because now they constantly want to go to the pool (I don't oppose activity, but I can't always take an hour or two each day to take them in).

The Apple is still somewhat afraid of the water. I'm sure a lot of it has to do with the water being deeper than he is tall, but I would like to see him getting a little more active in the pool.

At home, we've gotten accustomed to the dog. Molly is basically a gassier part of our family now. Very sweet dog who just knows that she loves us and we love her. Sometimes the Princess loves her so much it hurts (literally).

As you know, I've yet to get paid, but once the checks start coming in, I should be able to get out of the house from time to time. That will be nice. Sometimes I feel like a shutin.

Productivity

I've got several invoices in now for work, and hopefully it's just a matter of time before the checks start arriving.

I'm doing a reasonable job of getting between 25 and 35 hours in each week, which is better than a lot of their folks do, I guess. While I'd like to get closer to 40 billable hours a week, the kids still require attention, as does the house.

At any rate, if the math is right, I think I'll be making a fair bit more part time than I was making full time at my last job.

What They Said

Apparently, this came from a commenter on Balloon Juice - one of my favorite reads, as he's got a team of snarky, witty writers with him, and quite frankly, I enjoy reading about the antics with his dogs and cat.

The article linked about sums up quite nicely my sentiments about Republicans and Democrats with regards to voting.

How can one express outrage properly for something like this?

I defy anyone to say there's no racism in the Tea Party.

Tea Party Leader Mocks NAACP "Coloreds" In Online Screed

Friday

I should be getting a new set of binders tomorrow. That will be nice, as it will get me some steady work for the next week.

I did not get the job I'd kind of been crossing my fingers for, as the notice stated the position was cancelled.

I don't know what that means, exactly, but it would have been nice to at least get an interview for it.

Going to take the kids to the pool today, since it's summer, and that's what kids do.

Binders Finished

I finished the last of the binders I received for work today. The time to complete these have dropped down significantly over the past couple of weeks as I've started getting the hang of things.

I now have to wait to get 1: new binders on which to work and 2: paid. I'm perhaps a little more concerned about getting 2 right now.

Beyond that, after seeing that my writing style apparently most often resembles David Foster Wallace, I decided to pick up a copy of his opus, Infinite Jest at the library today, while the kiddoes got their first library cards, well, two of them did. The Apple did not, as I"m certain he'd lose it before we got home.

Anyway, after much trial and tribulation, we're home. I'm caught up on work for the moment, and there is relative silence in the Binjo Ditch.

Will speak more soon, I hope. Don't want to give up the blog forever.

Writing Styles

Found this on another blog that I read. Thought it was interesting. I submitted 9 different blog posts of mine and the name that I got most often (it was actually a majority) was:

I write like
David Foster Wallace

I Write Like by Mémoires, Mac journal software. Analyze your writing!

Of course, I don't know who this guy is.

MidMonth Update

I've been doing my new job for somewhere around a month now. I have yet to receive a paycheck, which is stressful in and of itself.

I've also discovered a couple truths about myself:

1. As tempting as it is to want to work from home, it takes a certain mentality to do it. I've been far more productive than I feared I might be, in part because I've done a good job of convincing myself of the need to continue to turn in work.

2. Working while watching children is not a good combo. There is always a distraction. Either the computer or television is too loud, or the kids are fighting, or they're chasing the dog around the house, or it's quiet (which means they're up to something)...

3. Working from home does not get you away from work at home. From my study, I can see the dishes piling up in the sink, I can hear the washing machine and dryer when they stop running, when I go check up on the kids I see the mess in the living room that needs picking up...

4. There's no transition from "home" to "work" back to "home." One of the things I enjoyed about my commute was that it granted me the ability to mentally shift from "Work Mode" to "Home Mode." With work being literally "in the other room," there's no way to separate yourself from it - particularly when you know you just need to do that little bit more...

I don't mind my job. I do title opinions of properties for Oil and Gas leases. It's rather interesting to see the conveyances from one person to another to another and all the hiccups that turn up in the chain of title. Every property has its own little idiosyncracies that need to be handled, which brings me to my next item of concern - 5. There's nobody "here" to get guidance from. So far, the firm has been quite good about answering my questions. I think today was the first time I asked a question where I was told I would be unable to get the answer until tomorrow, but there's a certain comfort zone to having someone who knows what's going on right down the hall to talk to. Maybe that's for the best then, that I have to try to figure it out on my own, but I prefer to get the reinforcement on my idea rather than try to figure this out through guesswork and hoping that I get a response on the phone.

My current plan is to ride this out for a few months and see if maybe after I get up to full salary (about 1 year), maybe start looking for a similar position in an office environment. I think I am better suited for office work than I am for working from home, but I do need the experience.

A Staggering Statistic

Bearing in mind that the US Government fought tooth and nail to deny these detainees even the most basic of civil liberty protection, how can anyone say with a straight face that Guantanamo only hold "the worst of the worst?"

U.S. has now lost 75 percent of Guantanamo habeas cases | McClatchy

Happy 4th

When in the course of human events, and all that.

Happy Father's Day

Happy Father's day to all you dads out there.

Hunting Plans

While I've started a new job and thus have a bit less free time to worry about, I can say that I have been able to get myself out today to go scope out some hunting spots in the Sam Houston National Forest. The first spot that I'd found a few weeks ago turned out to be perfect. So perfect, in fact, that it's already been claimed by a hunter. The stand is already up with a guy line running across the view that we'd ended up finding.

I'll have to keep heading out to see what turns up, but it was nice to head out and actually see some deer.

Since I've Been Gone

I've managed to find a new job, which, combined with having the kids at home for the summer has kept me somewhat busy.

On the bright side, I have found work. I am putting a bit of trust into the payment system, as I've not actually met any of my bosses, though I do have my of counsel agreement signed and ready to go. I'm working as an Oil and Gas title attorney, which is a departure from pharmaceutical litigation, but appears to be somewhat more lucrative, at least at the lower end.

The best part is I'm working from home, which means 1: I get to spend time with my kids, 2: I don't have to pay daycare, and 3: I don't have a commute, so I save on gas, tolls, and automotive wear and tear.

Anyway, I'll see how this goes, and will, as always, keep the 3 or 4 of you who read this blog in the loop.

A disgrace of historic proportions

Glenn Greenwald strikes again. Imagine spending 1/3 of your life in jail with not even the minimum of Constitutional guarantees...

A disgrace of historic proportions

Why do People Take Republican Congresspeople Seriously?

Never Mind that they had their chance to play nice and help out, and that they were given unbelievable deference in helping to draft serious proposals to the bill that they nevertheless spent months opposing violently and then proposing an "alternative" that didn't cover any more people than now and cost more than the Bill that passed. The fact is America Wants the minority bill, which is why they voted for Democrats in the last election. The proof, of course, is that reactionist idiots who follow Fox News as though it's gospel shout loudly against health care reform and people start to believe the uninformed crap they spew. Otherwise, if they looked, they'd realize that the law that passed is actually quite conservative, and very similar to the GOP proposal from 1993.

GOP moves to repeal healthcare law - TheHill.com

ALong with everything else...

Can't we use this as further evidence that we elected George Bush III in our last election? And seriously, can we cut down on the "antichrist" rhetoric, just a little?

Palin Duplicity

While I'm not exactly the biggest fan of Sarah Palin, I'm definitely not her biggest detractor. For an example of how Palin likes to cherry-pick lines that support her or show her as being simpatico with those she used in her rise to the top, I present: Mudflats

And the search continues

I had one interview today at a temp agency that does staffing for short-term document review projects.

In addition, I stopped by two other firms where I'd sent resumes. I received a kindly "no" at one and was unable to get any information from the other as the attorney was out of the office. This one I'm kind of crossing my fingers for, though, as it might be what I am looking for...

That's about it at this time. Hope all is well with you guys!

Not to get My Hopes Up

But perhaps I'm moving towards something again here soon...

Random Quote

"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants. It is the creed of slaves." - William Pitt

A Great Wonkette Article

There are a couple concerns here, but I think the most unbelievable part of this Wonkette article is that Republicans trashed a public school classroom, then called the principal of the school (a guy named McCarthy, no less) to complain about various un-American items found, such as THE CONSTITUTION!

I understand that you can't paint an entire party by the actions of a few individuals. But it would be an error to completely dismiss this action, as well as so many others taken under the Republican umbrella over the past several years.

Gotta love the embrace of Tea-Party talking points for a Republican Platform, too.

Thursday Morning

I've had a couple busy job searching days. I've even driven out to various law firms to offer my services. Nothing has really borne fruit, of course, but I'm definitely moving through different options.

The Boy's concert is tonight. I'm looking forward to hearing the band and how much they've improved this year.

So tired.

New target of rights erosions: U.S. citizens

I've complained in the past about how the US treated its detainees, the abuse of habeas corpus, the denial of legal counsel, indefinite detention, etc. Part of the reason is my concern for ceding too much power to the Government in the name of "security." I, of course was not alone in my complaints, and several others do a much better job at pointing out the dangers than I. One of those individuals is Glenn Greenwald.

He does such an outstanding job summarizing the steady erosion of rights taken from us in the name of Security. Of course, many people support these changes, because "it's not going to happen to me." The problem, of course, is that once everyone else is eliminated, you are what's left to go after. Do we really need legislation stripping citizenship of Americans ACCUSED of being terrorists? Of course, it's unconstitutional, but who cares about that? We have to worry about children seeing the Lion King in Times Square.

Random Quote for Monday

In the wake of recent discussions I've had with friends regarding profiling and other short circuits of Due Process and the Constitution:

The Constitution of the United States is a law
for rulers and people, equally in war and in peace,
and covers with the shield of its protection
all classes of men, at all times, and under all circumstances.
No doctrine, involving more pernicious consequences,
was ever invented by the wit of man than
that any of its provisions can be suspended
during any of the great exigencies of government.
Such a doctrine leads directly to anarchy or despotism,
but the theory of necessity on which it is based is false;
for the government, within the Constitution,
has all the powers granted to it,
which are necessary to preserve its existence;
as has been happily proved by the result
of the great effort to throw off its just authority."
Justice David Davis
(1815-1886) U.S. Supreme Court Justice 1862-1877
Source: Ex parte Milligan 71 U.S. 2 (1866)

There are Days

Where I'm not entirely sure we didn't elect another President Bush in the last election. I think in many respects, President Obama has done rather well, but on National Security, Civil Rights, and if this report is accurate, selecting Harriet Mierses for the Supreme Court nomination are very Bushesque.

You know, when President Obama ran for office, he made constant mention about moving away from the excesses of the Bush Administration, particularly with respect to the Constitution and the Rule of Law. I don't understand how advocating for Miranda-lite might possibly work toward that end. It seems like an embrace of Bush-era inexcusable encroachments is the norm, and that's not what I would consider change.

Though it does show the hypocrisy of those who embraced Bush yet condemn Obama...

Random Quote

It is better, so the Fourth Amendment teaches us, that the guilty sometimes go free than the citizens be subject to easy arrest. - William O. Douglas

Just a Quick Thought

Has anyone noticed how, when President Obama does take action on something, a bunch of talking heads on the Right complain that he's doing too much, taking control of the country, etc., yet when he takes his time on acting, trying to let individual actors set everything right, he's criticized by the same Right as "not doing enough?"

One might suggest he could do nothing right according to the Right. And Lieberman.

Random Rant

I don't watch Survivor. I don't know that I've ever seen more than 10 minutes of any one episode of the show. I think if it was a case where people were rewarded for being the best contributors to a team or punished for not pulling their weight it would be a better quality show. I know that this wouldn't translate to ratings, necessarily, but I'd prefer it to the crap they have listed as "Survivor."

Now, even though I haven't ever watched Survivor, that doesn't mean that I've not been inundated with "Russell." I can't stand the guy. I don't understand what kind of control he exerts over anyone. I think he looks like the Dwarf from Lord of the Rings and really can't understand what he charisma/appeal is...

Mostly, though, I'm sick of hearing his name on all the commercials. I actually prefer Boston Rob to the guy and I REALLY can't stand Boston Rob.

Lunch Today

I had lunch at Chacho's today with Jamie. It's been a while since we got together for lunch. Definitely a nice chance to reconnect.

Still no job offers, but I have gotten some leads out. We'll have to see how everything goes.

Citizenship

Senator Lieberman is advocating for stripping the citizenship of Americans accused of being Terrorists, an unconstitutional bill, but that doesn't matter when it's emotionally charged...

Glenn Greenwald touches on this and several other topics, including how the potentially illegal predator drone attacks on pakistani civilians may have led to Faisal Shahzad's alleged "attack." I say attack in quotes because it was non-explosive and covered in useless wires. One could argue that the attempt was actually not to inflict actual damage but rather to do what actually has happened, which is irrational frothing at the mouth...

It's Thursday!

And I've applied to more jobs this week than I have in any week for about a month. Not to say I've not been applying a lot, but I've definitely done more this week than in others, and I'm not done yet, either.

There's a lot going on right now, I'm just not exactly a part of it yet...

Hopefully I'll be back in the employment group here soon enough.

Gerson First Wrote This

But I think it bears repeating. Defenders of Arizona's Illegal Immigration law need to recognize that they went on the record in defense of a law that was so overbroad and blatantly racist that even the drafters of the law had to change it.

What Gerson wrote: It must be awkward to have risen to the vigorous defense of legal language that even its authors, in the end, could not defend. But the law’s advocates are making the best of things out on their sawed-off limb. The law is now more “explicit” about its true intention. It is a “clarification.” But this isn’t a clarification; it is retreat. The authors of the Arizona law initially wrote it as broadly as they thought they could get away with. But they were caught. Their retreat does not confirm their intentions were good. It confirms that the original law was deeply flawed -- a dramatic, disturbing overreach.

He goes on to note that "lawful stop" can still be quite broad, as it allows investigation for violations of community ordinances, property or rental codes, such as having a car on blocks...

In addition to all this, someone needs to address how this new law will impact border security or prevent illegals from crossing the border, it just serves to harass those who are already here, both legal and illegally.

IOKIYAR

Senator McCain came within 7 Million votes of becoming President. He's now openly lamenting if a criminal suspect may have had his Miranda Rights read to him.

Rep. King probably says it all: "I know he's an American, but still..."

Does anyone need to hear anything else to understand today's Republican Party?

Republicans warn against Miranda rights for terror suspect - Kasie Hunt - POLITICO.com

Interesting Thoughts

On Monday the Supreme Court reportedly asked President Obama his opinion on laws that bar felons from voting and whether they violate the federal Voting Rights Act.

Years and years ago, circa 1793, President Washington asked the Supreme Court (specifically John Jay) to opine on the 1778 Franco-American Treaty and America's obligations stemming therefrom. John Jay sent a letter to President Washington at the time declining to offer an opinion unless there was an actual controversy - the Court was the "Court of last resort," and could not offer advisory opinions, which generally speaking, the Court has done a decent job of respecting.

I think the question on whether a felon should be deprived their right to vote is an interesting one. As a general principle, I don't object to stripping felons of the right to vote. I think that this should serve as a strong deterrent to committing felonies. I also understand that voting is a "Fundamental right" and as such is a right available to all American Citizens. I do think there could be some precedent against denying the vote to convicted felons. There's an old case from the last century involving forced sterilization of people convicted of 3 felonies in Oklahoma. The statute was struck down because of the technicalities in filing charges - stealing chickens could be either a misdemeanor or a felony depending on certain circumstances (this is a VERY abbreviated version of the case). I would think that this case which involved a fundamental right would be pertinent to the instant question...

I guess I'm split. I like the idea of denying the vote to people who show such disdain for our laws that they commit felonies, but on the other hand, I think there's a strong question about the Constitutionality of the ban...

Tuesday

I've applied to more jobs than I like to think about. I've received about 10% response. It's a bit frustrating.

If I had the financial resources to do so, I'd like to volunteer with Lawyers Without Borders as a legal observer in Africa or something like that. I think that would be a terrific opportunity.

More job searching today.

I Hate CSI Miami

I was going to post a recap on this week's episode, but quite frankly, I'm tired and grumpy. Let's just say the Constitutional Violations are still intact on this ridiculous show.


And can someone explain to me how the cops managed to extract 2 partial fingerprints of the suspect off a kerchief yet inexplicably failed to find any fingerprints of the kerchief's owner? How fortuitous do you get?

I'm not entirely sure I understand the need for this

I think this bill is along the lines of Arizona's Illegal Immigrant bill. I think it's designed as a political maneuver to try to galvanize a certain demographic to the polls. I haven't seen the spate of airport-related violence in Georgia on the news that would necessitate a specific bill/law to be able to carry firearms into Airports, though I'm familiar with several checkpoints in airports where you cannot bring firearms beyond...
I don't disagree with the right to carry firearms in general, and think there's a utility to people carrying firearms - people are less likely to try to rob a person who's packing heat, but I don't know about the timing/necessity here.
Ga. House OKs Guns At Atlanta Airport - Atlanta News Story - WGCL Atlanta

Judicial Activism Lives

Of course, according to certain mindsets, it's not Judicial Activism if it's a decision that favors Christian Conservative mores, but I direct you to this post on Americans United and say that I share their disappointment. Perhaps I'll have more to add to this later, but for now I'll just say I think the Roberts Court just made a mockery of the 1st Amendment.

For more information on the background of this story, I direct you to a post I wrote some time ago on the subject, back in 2007.

It's been a long Day

What's up with BP and safety? That oil spill's not looking good.

I think I'll be missing HYLA's last Thursday this month. I was hoping to go, but circumstances dictate otherwise...

Tired of not working.

On Arizona's Immigration Bill

It seems like many people aren’t entirely certain what’s going on with the bill recently signed into law in Arizona. I thought it might help to explain some of the concern with the law and its enforcement, concerns shared by Arizona Association of Police Chiefs and several Arizona sheriffs who have come out in opposition to this law.

Let’s consider a couple things that I see as potential problems, first. The law itself is purportedly drafted to enforce federal laws. The law then dictates when inquiry into legal status comes into play: Title II, Ch. 7, Art.8 Sec. B: For any lawful contact made by a law enforcement official or agency of this state or a county, city, town, or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person. The operative language here is the term “lawful contact” where “reasonable suspicion” exists. I’ve been searching and have been unable to find a definition for “lawful contact,” so for lack of a better term, or until someone can provide me with a codified definition, I will write from the premise that lawful contact is any contact that isn’t unlawful.

The law does require “reasonable suspicion” that the person is an alien who is unlawfully present in the U.S, however, the language is unbelievably broad. This places a burden on the police officer to determine even in passing, if practicable, if a person is here illegally if the person looks illegal. Contrary to common talking points, the plain language of the bill does not restrict this to stops based on violations of other laws. This language is even broader than the already broad Terry Stops based on reasonable suspicion of unlawful behavior, as it confers the power to determine on lawful contacts that are based on appearance, not limited to behavior.

Further, this law allows, after a stop based on appearing to be illegal, a police officer to arrest an individual “without a warrant if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.” (Sec. E). Note that this provision allows arrest for removal if the police officer develops probable cause AFTER the stop based on lawful contact based on appearance. Not only that, but this clause allows warrantless arrest for LAWFUL immigrants who appear illegal, not just undocumented immigrants.

The law in question creates a further burden on law enforcement, as it requires the diversion of resources to the enforcement of this law. This law includes the following provision (Sec. G): A person may bring an action in superior court to challenge any official or agency of this state or a county, city, town, or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order any of the following: 1. That the person who brought the action recover court costs and attorney fees, and/or 2. That the entity pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day after the filing of an action pursuant to this subsection.” Note that the law does not require a written policy, it allows for a lawsuit if a person believes a policy has been implemented that limits enforcement.

There are a few causes for concern here. The most glaring one, of course, and the one focused on by the most people, is that this law does not appear to be enforceable without profiling. Now, Arizona does not have any laws against Racial Profiling, unlike some other states, so perhaps there’s nothing facially illegal, however, from a Constitutional standpoint, there might be an issue with regard to the Fourteenth Amendment Equal Protection clause. The fourteenth amendment reads: “All persons born or naturalized in the united States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United Sates; nor shall any State deprive ANY PERSON of life, liberty, or property, without due process of law; nor deny to ANY PERSON within its jurisdiction equal protection of the laws (emphases mine). While some may argue that the people who are going to be deported are illegals, that’s missing the point. Even with the best of intentions, police officers are going to be targeting one racial group over the others with their lawful contacts and their stops. This detention, based not on reasonable suspicion of criminal activity, poses a burden on citizens of Hispanic descent that is not present to those of other national origin. Not only that, but the Equal Protection clause does not limit itself to protecting CITIZENS of the state equal protection, rather it protects ANY PERSON. This would include the lawful immigrants who would be subject to arrests based on probable cause developed after a search based on appearance, vice reasonable suspicion of criminal activity. Remember, this law allows warrantless arrests, which brings us to the 4^th Amendment. The 4^th amendment reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons of things to be seized. Of course, we know that warrantless protective searches are lawful based on Terry (supra), but this law needlessly expands upon the rights of police to conduct warrantless searches and arrests for, in essence, looking illegal (i.e. Hispanic).

I understand that people argue that police aren’t just going to randomly stop people on the street for looking like an illegal immigrant, but consider a couple things. For one thing, the law requires inquiry into legal status on lawful contact. This could mean that a witness to a crime, or a victim of a crime would be put at risk for an inquiry if a police officer determines he or she looks illegal. If we recognize how difficult it is to get domestic violence charges reported already by victims, imagine how hard it will become with passage of this law. Further, the police possess very broad powers to stop individuals as it is. Pretext stops are very simple for a police officer because it becomes a case of one person’s word against the cop’s. I’ve been the subject of a stop where a police officer accused me of crossing a median when I hadn’t, and I know I’m not the only one who’s had that happened to him. How many people are stopped for malfunctioning taillights that work just fine after the cop leaves? To create a situation where police are encouraged to profile and expand upon their already broad powers runs contrary to what I would determine our nation’s reason for existence, which was the right of individual liberty. For those who have argued that it’s a small inconvenience in the name of security, I would counter with the notion that our Declaration of Independence noted an unalienable right to “Life, Liberty, and the Pursuit of Happiness.” Further, the Constitution sought to secure the Blessings of Liberty to ourselves and our Posterity.

I apologize for the length of this post and the clarity. I've written this in a style similar to Ulysses, so it may not be the easiest read.

Thursday Morning Random Thoughts

The Apple is on a field trip today. I'm excited for him.

I do think we've determined what rifle we're going to get; it's just a matter of finding a left-handed model. For some reason, stores down here don't stock them...

I've been suffering a good bout of insomnia recently. It's not a fun experience.

I don't understand how encouraging racial profiling in Arizona doesn't violate the Privileges and Immunities clause of the 14th Amendment...

The hidden damage of psychiatric drugs

The hidden damage of psychiatric drugs

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A Society of Equals

I've commented a couple times on Arizona's Illegal Immigrant Law, on here and on my facebook. I believe at one point I made a comment that it was legislating the enforcement of "Driving while Mexican."

It appears from this article that I first read about on Balloon Juice, that perhaps there's a reason it seemed racist. As the article reads, one of the main proponents of the law is a man named Kris Kobach, who according to the article linked above, is "a Birther who’s running for Kansas secretary of state. But his Birtherism is the least offensive thing about Kobach. His campaign Website brags, 'Kobach wins one in Arizona.' He’s also an attorney for the Immigration Reform Law Institute, the legal arm of an immigration group called FAIR, the Federation for American Immigration Reform."

To continue, the article reads:

For nine of the first years of FAIR’s existence, the group reportedly received more than $1 million in funding from something called the Pioneer Fund. The Pioneer Fund describes itself as based “in the Darwinian-Galtonian evolutionary tradition and eugenics movement.” For the last 70 years, the Pioneer Fund has funded controversial research about race and intelligence, essentially aimed at proving the racial superiority of white people.

As disagreeable as this sounds, it's not exactly surprising to hear a birther is also a believer in racial superiority.

What I find interesting, though, is that as this law is being pushed into effect and supported by an apparent white-supremacist, there is currently a Supreme Court hearing regarding whether a school may deny funding and official recognition to a student organization that violates the school's "all comers" policy - namely that all students must be allowed full access to the organization. Over at the Powerline Blog John wrote on this case a few days ago:

As is often the case in Supreme Court arguments, the justices pelted both lawyers with hypothetical questions, sometimes involving rather far-fetched scenarios. At one point Justice Stevens asked this question:

JUSTICE STEVENS: What if the belief is that African Americans are inferior?

MR. McCONNELL: Again, I think they can discriminate on the basis of belief, but not on the basis of status.

Given the information at the top of this post, I would argue that this scenario is not "far fetched," rather, it's a matter of fact that there are individuals, even lawyers, who believe that one race is superior to another. Personally, I agree with the concept of "who pays the piper calls the tunes," and that the school isn't denying the CLS the right to discriminate if it chooses, rather it's saying "If you want to discriminate, that's fine, but you won't be recognized as an Official Student Organization," i.e. "we won't subsidize your discrimination." I would hate to see schools be forced to subsidize outright racism like Arizona is.

It's a Tuesday.

I'm hunting for jobs, I'm hunting for an outfit for the Boy, I'm hunting for a rifle, and I'm hunting for a hunting spot. It's a great day.

Tomorrow I'll be making it out to the resale shop to see if I can find something nice for the Boy.

Somehow I need to be able to find a piano for him to use...

Glenn Greenwald has a knack

I don't think I know anyone who can point out the hypocrisy of being pro-censorship and anti-censorship simultaneously depending on which religious group is being offended. I agree with him in his disdain for censorship large-scale. The problem, though is that this ire doesn't make itself know until it's people bowing to Muslims. Why not the outrage over the Corpus Christi play that closed near Dallas due to threats of violence against the students who wanted to run it? That's but one example of several that Glenn provides...

The New York Times' Muslim problem

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Monday

Job search is still not bearing good fruit.

I have gone out scouting potential hunting sites in the national forest, though. While I don't think I've found *the* spot, I do think I've found a couple potential sites and have a general idea, I think, of where I'd like to hunt.

The real trick is going to be finding an actual deer.

On the plus side, though, I've gotten plenty of exercise the last few days hiking through the woods. We do need to be careful, though. We managed to come across a tick on the Boy's sock.

A Confederacy of Grown-ups, Ctd.

So the Republican strategy is to delay, mislead, argue, and then give up.

The GOP's Terrible FinReg Bluff | The New Republic

Random Quote

"'Sort of' is such a harmless thing to say. Sort of. It's just a filler. Sort of - it doesn't really mean anything. But after certain things, sort of means everything. Like after 'I love you' or 'You're going to live' or 'It's a boy.'" - Demetri Marten

And You're Out!

I had 3 job interviews over the past week. That's the most I've had since I lost my job. Unfortunately, I don't anticipate any offers from any of those positions, and in fact the one job of those three that I really did want told me that I wasn't going to be their choice.

Today I'm going up to the National Forest to start scouting for hunting locations. In the Mitt Romney sense, I've pretty much been a hunter my entire life. However, in a more accurate sense, I'm a guy who went out hunting once or twice with my dad when I was a teen, never saw anything, and now is interested in getting back into hunting 20 years later.

I just have to get the kids to finish getting themselves together. It's only been 3 hours.

The party of no ... credibility

Who'd believe that Republicans are more prolific liars than members of other political parties? The party of no ... credibility

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Job Hunting Update

I just had what must have been the worst interview I've ever been on. I actually felt physically uncomfortable during the interview. That's usually a sign that what you're interviewing for is where you want to be.

It was rather awkward.