The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

Archive for the ‘U.S. Statutes’ Category

Yale Kamisar Retiring

Posted by brightcoast on May 10, 2011

Great article here about renowned professor Yale Kamisar ‘s retirement(yes he’s that important he has his own wiki page). He’s also sometimes referred to as the father of Miranda (Miranda v. Arizona), which created the reading of Miranda Rights or Warnings to criminal defendants, preceding any custodial interrogation. It’s the notorious Cops catch phrase, “you have the right to remain silent, anything you say can and will be used against you…” which stems from your Fifth Amendment Right against self-incrimination.

Although I never had the pleasure of taking a class with professor Kamisar, I have heard many stories of his legendarily intense lectures, which sound to me more like custodial interrogation than anything else. What strikes me the most about prof. Kamisar, aside from his legendary writings, is his inquisitiveness and realness when it comes to legal issues. He seems like the exact sort of professor that would inspire his students to follow in his footsteps of greatness. His retirement shall be strongly felt, and USD Law will be hard pressed to replace him. (Which is not to say that certain other quasi-celebrity Criminal Procedure profs aren’t similarly entertaining and noteworthy– the phrase “no thank you officer, I’d rather not say” comes to mind.)

On behalf of USD Law students I’d like to thank Professor Kamisar for his 11 years of service.

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Posted in SCOTUS, The Law, U.S. Statutes, Uncategorized, USD Law | Tagged: , , , , , , , , , , , | Leave a Comment »

Irrelevant (?) Con Law thought of the day:

Posted by brightcoast on May 3, 2011

Police and governmental officials can legally search your trash once you put it out onto the curb, yet environmental laws prevent you from burying your trash in the backyard or setting it on fire to destroy the evidence. There’s got to be a violation of some constitutional right in there, not to bear witness against yourself by having no alternative choice to putting your trash on the curb? Do the federal environmental laws preempt the state’s right to have access to your garbage? I’m wondering whether any criminal defense attorney has ever challenged the trash laws via this avenue…

Posted in Environment, The Law, U.S. Statutes | Tagged: , , | Leave a Comment »

Drastic Proposals for Deficit Reduction

Posted by brightcoast on November 11, 2010

Article here regarding some drastic proposals to close the $3.8 trillion deficit gap. These include raising the retirement age to 69 over time (perhaps not unheard of for those of us in the legal profession), and introducing a flat, albeit lower, tax rate, whilst simultaneously eliminating any deductions–hence no more mortgage interest payment deductions.

While this may sound shocking, it seems an answer to the constant debate regarding tax law reform on how to simplify the annual hassle of filing taxes. This way although certain behaviors are not being incentivized, and certain individuals may no doubt lose out, it is a no brainer, you fall into one of the three categories. This is probably music to the ears of Federal Income Tax I students.

On raising the retirement, I think the outcome of this policy would result in Americans taking a long hard look at their spending habits, and would force many people to prepare for their retirement. For example, if you know that you want to retire at age 65, but the feds will not support you via Social Security until the age of 69, there is a 4 year period you will have to save up for. This author personally feels that the inadvertent and inevitable consequence of all of the well intentioned FDR support programs is that Americans have come to rely on the government, rather than themselves, and it needn’t be that way. It is perhaps for this reason that we have gotten into this mess. Social Security is definitely something that shouldn’t be done away with entirely, the need must be there to justify the continued implementation, but with the recent mortgage crisis, our country has to bounce back from the credit spending mentality, and focus on what is truly important: that which money (or credit) cannot buy.

Posted in Americana, Federal Deficit, Internal Revenue Code, Politics, Social Security, Taxes, U.S. Statutes | Leave a Comment »

THE Bill.

Posted by brightcoast on March 22, 2010

I feel as though in times of heightened political excitement, those of us trained to study the law sometimes have a tendency to follow or agree with a popular perception of the thing that we need to read and interpret for ourselves. In the spirit of that sort of democracy, I present you with the following link, HR 3590

Posted in Politics, The Law, U.S. Statutes | Tagged: , | Leave a Comment »

More Law Raps

Posted by brightcoast on December 9, 2009

very close to my heart and just in time for finals studying distractions. (Hat tip TPB)

Posted in U.S. Statutes | Tagged: , , , | 1 Comment »

Just in Time for Finals

Posted by brightcoast on May 8, 2009

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.

Posted in U.S. Statutes | Leave a Comment »

That Horrible Sarbanes-Oxley

Posted by brightcoast on October 1, 2008

I thought I’d start a separate post to respond to the call to repeal Sarbanes-Oxley because of its “unnecessary” costs to business. Below is only a tiny portion of perhaps the most “un”important parts, especially as related to us future lawyers:

Under section 7245 Rule of Professional responsibility for attorneys

The SEC  “shall issue rules, in the public interest and for the protection of investors, setting forth the minimum standards of professional conduct for attorneys appearing and practicing before the Commission in any way in the representation of issuers, including a rule—

(1) requiring an attorney to report evidence of a material violation of securities law or breach of fiduciary duty or similar violation by the company or agent thereof,…”

Because I mean what do we need to protect investors or the public interest for right? And who cares if businesses violate the law, that’s what golden parachutes are all about right? And who cares if all businesses end up like Enron and literally bankrupt Americans’ pensions, etc. ? The invisible hand will save us all right?

Posted in U.S. Statutes | Tagged: | 7 Comments »