Treaty of Guadalupe Hidalgo

It’s guarantees still present in our Constitution, at least the 1849 (original) version, yet it doesn’t seem like it was ever followed, or if it was, not for very long:

 

FOR EDUCATIONAL USE ONLY
West’s Ann.Cal.Const. 1849 Art. 11, § 21

West’s Annotated California Codes Currentness

Constitution of 1849 the State of California with Amendments (Superseded by Constitution of 1879)

Article XI. Miscellaneous Provisions

§ 21.

Sec. 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish.

West’s Ann. Cal. Const. 1849 Art. 11, § 21, CA CONST 1849 Art. 11, § 21

Current with urgency legislation through Ch. 3 of the 2009 Reg.Sess., Ch. 12 of the 2009-2010 2nd Ex.Sess., and Ch. 25 of the 2009-2010 3rd Ex.Sess., Governor’s Reorganization Plan No. 1 of 2009, and Props. 1A to 1F on the 5/19/2009 ballot and propositions on the 6/8/2010 ballot received as of 5/1/2009 

FOR EDUCATIONAL USE ONLY
West’s Ann.Cal.Const. 1849 Art. 11, § 21

West’s Annotated California Codes Currentness

Constitution of 1849 the State of California with Amendments (Superseded by Constitution of 1879)

Article XI. Miscellaneous Provisions

§ 21.

Sec. 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish.

West’s Ann. Cal. Const. 1849 Art. 11, § 21, CA CONST 1849 Art. 11, § 21

Current with urgency legislation through Ch. 3 of the 2009 Reg.Sess., Ch. 12 of the 2009-2010 2nd Ex.Sess., and Ch. 25 of the 2009-2010 3rd Ex.Sess., Governor’s Reorganization Plan No. 1 of 2009, and Props. 1A to 1F on the 5/19/2009 ballot and propositions on the 6/8/2010 ballot received as of 5/1/2009

CA Upholds Prop 8

This was the first/only article I could find, surprisingly. It’s upsetting, but probably the correct legaloutcome. Like I’ve said before, I think the problem is with the proposition system itself, which allows for a slim majority to take away rights of the minority. It’s particularly troublesome because the voluntariness of our election system allows for only those voters who are more marginalized on a particular issue to turn out in higher numbers–hence the “need” for such protections as the party primaries. I’m glad, though not surprised, that the existing marriages were upheld as valid, as this decision too seems to be the only legally correct one.

Now on to plan B?

Obama Makes Historic SCOTUS Nomination

She’s a Court of Appeals judge, who also happens to be female and Hispanic. Full articles here and here. I’ll leave it to the pundits to give their opinions on her jurisprudence, as I am admittedly underinformed and this has no likelihood of changing in the immediate enough to still be innovative, future.

Economic Stress Index

Here’s a map of the ESI by county across the country, very interesting. Visually it appears the West Coast and Michigan are the hardest hit, with additionally hard hit areas in the southeast (& Alaska). My guess is that the darker areas match up with those with the higher concentrations of industry/businesses in general, especially considering the mid-west seems to be least affected.

Once Again, CA Voters Fail

Of course, last November we had Prop 8, where about 2% (500,000) of all California eligible voters made the difference in amending the consitution to take away rights from a segment of the state’s citizens.  Now, we have the defeats of Propositions 1A-1E, where another small portion (1-1.4 million) rejected important measures that would have helped the state in these economically troubling times.

Michael Finnegan has written a terrific little piece on California’s flawed initiative process, and why the state’s voters are partly to blame for the economic mess.  He states, “Nearly a century after the Progressive-era birth of the state’s ballot-measure system, it is clear that voters’ fickle commands, one proposition at a time, are a top contributor to paralysis in Sacramento.  And that, in turn, has helped cripple the capacity of the governor and Legislature to provide effective leadership to a state of more than 38 million people.”  Finnegan argues that California voters merely look at one measure at a time, when they should be looking at the bigger picture.  We have no problem voting for measures that increase spending on education, health, and transportation, but when it comes to freeing up money that was previously set aside for these programs, we drop the ball.  One thing’s for sure: California voters are quick to blame politicians who are in the best position to fix serious problems.  In fact, the only proposition that won yesterday was one that will freeze elected officials’ salaries in any year where the state is running a deficit.  Congrats, people…that’s sure to just wipe all of our problems away! 

What it really all boils down to, is that we want tons of stuff that we just can’t (or won’t) pay for, and when it comes to fixing problems that were a direct result of our own handiwork, we blame the politicians.  How can California survive with this stupid initiative process?  Do we really trust the knowledge of our fellow citizens more so than the representatives we elected to serve?  Why should important economic decisions be made by a handful of voters who have absolutely no idea what they’re voting on and can’t remember what they voted on in the past?  Just imagine the ballot-measure system on a national scale.  If similar California-approved measures were passed nationally by just a bare majority, this country would be seriously troubled.  Finnegan also mentions voter-approved term limits at the end of the article.  That’s really a topic for a completely different post, but I just want to say that I fully agree with the argument that term limits do far more harm than good.  It’s just another example of voters reducing the effectiveness of legislators to fix important problems facing this state.

California: An example of direct democracy gone haywire.

Scientists Discover “Missing” Link

I’m not sure how legitimate this website is, but if it is a credible story, it’s quite interesting.

Food (Un)Safety

More great news about the “convenience” of the processed food chain. Turns out I may have some recalled chicken egg rolls in the freezer, awesome.

Just in Time for Finals

A real life Evidence hypo. I’m surprised the defense attorneys are attempting to challenge the Illinois laws on the basis of their constitutionality, since it the argument for allowing her statements (assuming Peterson killed her) appears strikingly similar (if not identical) to FRE 806(b)(6),  and the letters might come in to prove her then existing mental/emotional state under FRE 803(3). Maybe there’s also an argument for admitting her statements under 804(b)(2)–if she believed she was dying, though the imminent argument might be tricky to prove. Then, of course, there’s always the 807 catchall argument. Interestingly, neither the article nor the select remarks from Peterson’s attorneys,  make any mention of the Federal Rules.

Just a Thought

I wonder whether Twilight fans out there have considered the fact that the Spanish Influenza which infected Edward Cullen is being compared to the Swine Flu in the midst of the making of the series’ sequel. Too bad the story has already been written.

USD Announces M.S. in Legal Studies

Link here. Supposedly it’s for those interested in learning, yet don’t want to make the commitment to law school. If you ask me, I’m not sure I’d want to put myself through the exact same classes and not get the benefit of being able to practice law (post-Bar passage) after I graduated. Anyway, presumably it can be completed in one year, and I suppose the more (especially innovative) programs, the better.

Maine Legalizes Same Sex Marriage

Story here.

CA S. Ct. we’re still waiting…

Interactive SCOTUS Justice Picker

Link here.

My preliminary pics (probably unsurprising): Sunstein, Napolitano, Sullivan (won’t hold the whole failing the CA Bar thing against her), Karlan. I could be wrong, but I think that 3 of them had some role in all the Con Law case books I’ve had to read, so that’s got to say something.

I am interested to hear the arguments for Al Gore and Bill Clinton. I get the political support, but I just can’t picture them as Justices. Perhaps it has something to do with my inherently tainted version of the Court after 3 years of law school. After all, I’m fairly certain that there aren’t any prerequisites to sitting on the Court, including no law school graduation requirement.

Obama to Speak at ASU Graduation

I heard about this a while ago since I have friends & family in Arizona, ASU alum in fact. I wonder how that arrangement was made. I mean, I wonder how Obama’s people dealt with the whole it’s John McCain’s state thing, maybe this is a bad time, or perhaps he’s going as a favor to the family? Either way, I must admit I wish he were coming to USD’s Law graduation, but oh well, it’s cool, no really, I see how it is. Word is graduates and their families have to arrive more than 3 hours early to be guaranteed a spot because of all of the secret service, traffic and the like, so I guess I’m glad we don’t have to do that since the ceremony starts at 8:45 a.m.

In re Souter

An informative article speculating on Obama’s potential strategy for his SCOTUS appointment. Who knows if he’ll actually draw from academia as the article suggests, but if so, my vote’s for Sunstein. I do tend to agree with certain sources that a SCOTUS judge’s decisions should be firmly rooted in the Constitution, as that is what their job is to enforce, however, it is Marbury that created judicial review, and if you listen to the Crits, there is no such thing as neutrality on the Court, so claiming that certain contingencies of the Court are following the letter of the law because they follow what they believe is only way of deciding cases does not dictate that the opposite is therefore unconstitutional.

The Dangers of Law School

The following is a message from our Dean.  Apparently, a student (presumably an undergrad) recently tested positive for Influenza A here on campus, although it has yet to be determined if this is the dreaded Swine Flu. 

 

Dear student,

We have received several questions from students about the status of final exams and commencement activities in light of the recent news about a suspected case of H1N1 (Swine Influenza A) on campus.  At this point, exams and commencement activities will proceed as scheduled.  However, we are developing a contingency plan so that exams may continue in the event that we are instructed by the University to close the campus.  Please check the H1N1 information site on a regular basis for the latest information and other important links.  In the meantime, hand sanitizer will be available throughout the law school and the LRC.  Furthermore, if it would make you feel more comfortable, this year you can bring personal hand sanitizer into examination rooms and wear a mask.  Please visit Center for Disease Control H1N1 for more information about H1N1 and tips on how to stay healthy.  It is our first priority is to ensure you can complete your coursework in a safe, healthy environment.  If you have any questions or concerns, JD students should contact Dean Carrie Wilson and LL.M. students should contact Dean Teresa O’Rourke.

Sincerely,

Dean Kevin Cole

 

I really don’t have a lot to say about this message, as I think it speaks for itself.  However, I’m just so, so glad that our administration is looking out for us in these seriously troubling times!  I do wonder what the “contingency plan” is.  How will it be safer taking an exam at X location, rather than at the law school?  Will I get to take my finals out on a boat, or something?  That would kick ass.  Additionally, I’m sure a last minute change in the location of exams would go off without a hitch!  In any case, thanks, Dean Cole, for sending out this message!  I’m now completely scared for my life and I don’t know how I’ll be able to muster up the courage to step foot in Warren Hall next week.  Good thing I’ll be bringing in a 200 ounce jar of Purell and will look like this!

I'm Ready to Take my Final, Now!