Tag: law

You Could Look It Up

Your constitutional rights have been violated. Now what?

One thing you can do is find out exactly where you stand with respect to what the Institute for Justice calls “clearly established law.” IJ has created a new research tool, the Constitutional GPA, to help lawyers and others identify relevant legal decisions.

The tool is designed to help users make government accountable despite the many confusing barriers to accountability. The “GPA” in the name refers both to “grade point average” and the question that is part of the tool’s graphic design: “Is your Government Preventing Accountability?”

Doctrines of qualified immunity and other special rules often prevent government officials who violate your rights from being held responsible unless courts have ruled otherwise with respect to specific rights-violating actions. Exactly what the law permits or proscribes can vary widely in different jurisdictions.

The interactive tool grades state governments and federal courts of appeal based on how they treat claims of immunity and helps users “identify the clearly established law necessary to defeat qualified immunity.”

IJ gives the example of a government employee’s unjustified search of your car supposing this takes place in Nevada. Answering a few simple questions enables one to search the Constitutional GPA database of hundreds of cases to find about a dozen pertinent legal decisions.

So if you find yourself on the wrongest of wrong ends of the State, watch the Institute’s YouTube video on how to use the new tool and try it out at the ij.org/gpa web page.

This is Common Sense. I’m Paul Jacob.

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Tags Institute for Justice, law, qualified immunity

crime and punishment general freedom

Starbucks Gets Out

Starbucks, coffee, violence, crime, safety

Though not a fan of Starbucks’s often obtrusive lefty politics, I sure like its beverages, such as the glorious Flat White. I’ll take a venti.

Thankfully, it appears that trendy politics has limits. Despite the company’s support for a Marxist organization that riots and rampages in the name of racial justice (I won’t name names, but the initials are BLM), CEO Howard Schultz is reluctant to tolerate crime that makes it unsafe to sell lattes.

In leaked video of an internal meeting, Schultz says he’s shocked “that one of the primary concerns that our retail partners [employees] have is their own personal safety.”

One way Starbucks will cope is by giving managers authority to do things like limit seating and close bathrooms. Employees will also be trained in conflict de-escalation and dealing with “active shooter scenarios.”

And Starbucks will close “not unprofitable” shops in areas where risks to employees and customers are most severe. This means closing 16 stores in which people feel unsafe because of crime and open drug use. The closures are taking place in such bastions of crime nurturing as Seattle, Portland, Los Angeles, Philadelphia, and Washington DC.

More shutdowns are to come, Schultz said, adding that “governments across the country and leaders, mayors and governors, city councils have abdicated their responsibility in fighting crime.”

Starbucks has — all companies have — every right to escape the resulting lawless conditions.

Were they also to abstain from doing anything to promote such conditions, that would be whipped cream on top.

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture local leaders

Sorosian Justice?

George Soros, San Francisco, crime, justice

Criminal courts provide an old kind of justice, where individuals’ specific acts are judged and individuals, if found guilty, are punished.

“Social justice” is something else again — a daring, socialistic attempt to correct for all the ills “of society” or, more widely, “the cosmos.” That’s a huge agenda to stuff into the old practice, which, while never perfect, did serve, in its way, a noble social goal: curbing crime.

But when the social justice crowd infiltrated the old system in places like California, crime flourished. In early June, San Franciscans recalled their radical District Attorney and sent woke politics into a tailspin.

I’ve reported on this, but the story continues. As explained by Jack Phillips in The Epoch Times, the newly appointed replacement “district attorney in San Francisco fired at least 15 employees from the prosecutor’s office after her left-wing predecessor Chesa Boudin was recalled last month.”

Heads rolled. And heads weren’t pleased.

“I was unceremoniously fired without cause via phone by the Mayor’s appointed DA,” one prominent civil servant tweeted. “I am the highest-ranking Latina/LGBTQ member of the management team at that office. I will continue the fight 4justice.”

But what is that justice?

It’s a “fairer system,” said Chesa Boudin, the ousted DA, who objects to having been “scapegoated” for rising crime — but it’s sure hard to believe his pro-criminal policies did not contribute to the crime wave.

Boudin’s brand of justice has been rumored to benefit from extensive promotion by billionaire George Soros. Soros’s office has denied supporting Boudin, yet The Epoch Times notes that Mr. Soros’s PAC funded, through an intermediary, Boudin’s recall defense campaign.

Most Americans want reforms to our justice system but do not agree with George Soros.

This is Common Sense. I’m Paul Jacob.

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Tags criminal justice reform, George Soros, justice, law, San Francisco

ideological culture

Not Tired of Winning

The title of a Wall Street Journal op-ed by lawyers Paul Clement and Erin Murphy, “The Law Firm That Got Tired of Winning,” is not strictly accurate.

As reported there and in an accompanying Journal editorial (“You Won Your Gun Case. You’re Fired”), the law firm Kirkland & Ellis did tell Clement and Murphy to quit their Second Amendment clients or quit the firm. But not because it was pushed past the edge of exhaustion when these attorneys won a major U.S. Supreme Court decision affirming the Second Amendment right to carry a concealed firearm.

Of course, the op-ed title is ironic.

We all know that it’s the terror of the vituperative left that’s got Kirkland & Ellis suddenly gun-rights-shy and welshing on a prior agreement. In 2016, when the firm recruited Clement, he required as a term of employment that he be able to retain clients involved in Second Amendment litigation.

Clement and Murphy write that it is no novelty for lawyers to represent controversial clients and no virtue to abandon them for light and transient causes. Moreover, the Constitution “isn’t self-executing”; it depends on lawyers willing to take on controversial cases and judges willing to hear the best arguments for both sides.

So, rather than abandon clients of long standing, they’ve left Kirkland & Ellis.

Kirkland & Ellis has every right to run its affairs this way. But prospective clients should think thrice before entrusting their fate to such a firm.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights general freedom national politics & policies social media

Should I Sue?

Well, why not? According to some politicians, I have a perfect right to.

But, you ask, on what grounds?

Because of the emotional injury I suffer when I listen to these bozos.

Legislation being considered in Congress would permit social-media companies to be sued for causing physical or “severe emotional injury,” a provision of the Justice Against Malicious Algorithms Act.

This legislation would amend Section 230 of the Communications Decency Act so as to make Internet service providers liable if they algorithmically recommend content that results in “severe emotional injury to any person.”

The text of the legislation is — you guessed it! — vague and murky. And would doubtless be applied with extreme selectivity if enacted.

Other bills being pondered would tackle things like “health misinformation.” Senator Amy Klobuchar declares that it is “our responsibility to take action.”

Uh, what action?

The action of penalizing social media for inadequately censoring those with whom the senator disagrees.

Such rationalizations of assaults on freedom of speech are severely emotionally injurious to me.

Will I sue? Nah. I wouldn’t win. I doubt I would be one of the ones allowed to collect such bounties. Nor would any successfully passed legislation ever permit congressmen to be sued for their own psyche-pummeling lies, psy-ops, and blather.

Perhaps more importantly, it’s wrong to seek to penalize others merely for exercising freedom of speech, no matter how lousy or dispiriting that speech.

Lousy legislation, though — yes. If only we could sue for that.

This is Common Sense. I’m Paul Jacob.

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Klobuchar

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Fifth Amendment rights First Amendment rights Fourth Amendment rights general freedom

Three Decades of Justice

Since September 1991, the libertarian law firm founded by Chip Mellor and Clint Bolick has been fighting for the rights of its clients against governmental assault.

For no charge, Institute for Justice helps people stripped of options fight for:

● The right to keep one’s land (and what’s on it).

In 2001, the city of Mesa, Arizona launched eminent-domain proceedings against Bailey’s Brake Service, owned by Randy Bailey. The plan was to destroy the shop and give the land to a hardware store, not a constitutionally permitted “public use.” Bailey and IJ eventually prevailed in court.

● The right to make a living despite arbitrary professional licensing.

The Louisiana State Board of Cosmetology demands that aspiring hair braiders submit to hundreds of hours of training and pay for an expensive license to ply their trade. IJ is challenging the requirement on behalf of clients Ashley N’Dakpri, Lynn Schofield, and Michelle Robertson.

● The right to keep one’s cash despite arbitrary civil forfeiture — i.e., the power of police and prosecutors to grab your money or other belongings without charging you with a crime.

One recent victim is Marine Corps veteran Stephen Laura, whose $86,900 was looted by the Nevada Highway Patrol. The Institute has agreed to help him get it back.

And so on.

It doesn’t look like governments will stop interfering with our ability to live and work any time soon.

“Eternal Vigilance”? Thy name is IJ.

This is Common Sense. I’m Paul Jacob.

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