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Author:Brian BakerCreated:Wednesday, October 11, 2006 5:46:00 PM
This Blog will actually be a set of Blogs on Important Current Cases, Legal Research, and my thoughts in general.

As a Disclaimer, I want all readers to know that these thoughts and postings are my own and do not necessarily reflect the views of this institution, the San Joaquin College of Law.
Congressman Rangel and reviving the Draft
Political ThoughtsBy Brian Baker on11/22/2006 6:30 AM
Nothing fires up Americans of all ages like a call to renew the draft.  Once again, Congressman Rangel (D NY) has decided to introduce legislation to revive the draft.  For an alternative view by conservative pundit Henry Mark Holzer, see the article "F-ck the Draft."

The difference this time, over past drafts, is that there would be no deferrals, except conscientious objector.

Is the draft inherently bad?  I would argue no.  In fact, I support the draft - I'm just happy it ended just before I was to have been eligible.

A draft is good on a number of fronts, so to speak.  First, if done without deferrals, it equalizes the military through a diversity of race, economics, and political viewpoint.  As it stands now, with an all volunteer militar ...
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The Department of Justice (DOJ) moves to reduce access to lawyers by prisoners at Gitmo
By Brian Baker onSaturday, November 04, 2006 8:12:43 AM
The American Bar Association (ABA) is reporting today that the Department of Justice has filed a request for a "Protective Order and Procedures for Counsel Access to Detainee[s}" (Gitmo protective order.pdf).

The article can be found on the ABA's on-line ABA Journal eReport.

When this issue is combined with the new ability to strip these prisoners of Habeas Corpus rights, the Government will have succeeded in eliminating the flow of information between the attorney and his or her client.
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Have the recent set of laws led us to the verge of a Police State?
Political ThoughtsBy Brian Baker on10/12/2006 2:10 AM
I found this comment from an Article on the Capital Hill Blue Blog interesting and insightful.

Dave says:

The US is now set up for a total police state, and the only thing lacking is the Bush-office order to make it happen.

Read and weep. We have:
1) the Patriot Act, of which Section 106 gives the president the ability to identify any citizen as a suspect without providing any evidence whatsoever, to have that person detained in SECRET detention, with no access to legal representation or family, to confiscate any and all of that person's property, and to dispose of that property in any way and to whomever the president designates. In other words, he can have you disappear for opposin ...

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New turns in the Padilla case as attorneys file "Motion to Dismiss for Outrageous Government Conduct."
By Brian Baker onThursday, October 12, 2006 7:53:00 AM
Jose Padilla is an American citizen, that much is undisputed.  Whether or not he planned, with the help of Al-Queda, as the U.S. Governemnet originally alleged, to detonate a "Dirty Bomb" is in dispute.  Mr. Padilla was arrested and placed in a military brig in Charleston, SC.  During his imprisonment, his attorneys are alleging, he was tortured.  This Motion and comment from The Jurist explains the importance of this case to all Americans.
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Supreme Court asked to hold California sentencing rules unconstitutional
By Brian Baker onWednesday, October 11, 2006 9:00:00 PM
The Supreme Court today heard arguments on whether or not California's Sentencing Guidelines are constitutional.  The Jurist reports that the issue involves whether judges can add time to sentences without jury input.  The case is Cunningham v. California (briefs can be found here) and it will be heard in light of the decisions in Blakely v. Washington and
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