Login
 

Home » Law Library » Director's Blog
directors blog.jpg
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.

The execution of Saddam Hussein - was it fair?
By Brian Baker onWednesday, January 03, 2007 7:10:35 AM
Don't get me wrong, I firmly believe Saddam Hussein (SH) and his sons did some awful things to the people of Iraq when he was in power.  That said, I have been against the war in Iraq from the start.  I knew I was being lied to from the beginning.  I did not oppose the war in Afghanistan however as they, the Taliban and Osama Bin Laden, were responsible for 9/11.

My questions revolve around why this trial was held in Iraq at all, was it a fair trial, and why was there such a rush to execution.

In the recent past, the US has gone to war (or at least had police actions) in Serbia, Bosnia-Herzegovina, and Somalia.  In at least two of those actions/wars we have worked to have leaders suspected of genocide removed to be tried at the International Court of Justice (ICJ).  With the Iraq war the US deliberately avoided sending SH to the ICJ.  Why?  Was the US not sure that SH could be convicted by the ICJ?
&l ...
Comments (6)More...

Former President Jimmy Carter on Israel, Palestine and Apartheid
Political ThoughtsBy Brian Baker on12/13/2006 8:56 PM
Former President Jimmy Carter has just released a book entitled "Palestine:  Peace, Not Aprtheid."  The title alone has stirred up a major controversy.  The word "Apartheid" is a very loaded word and one, when applied to Israel brings swift rebuke.  The Anti-Defamation League has taken out full page ads in newspapers attacking President Carter, saying, “Mr. Carter does not advance public debate. He diminishes it.”

The New York Times, in its "The Lede" blog authored by Tom Zeller, Jr. discusses the issues here.  Be sure to read the intersting opinions in the comment section below the article.

My take? 

Former President Carter is one of my heroes.  He has proven his commitment of International Human Rights by traveling the world over helping people and c ...
Comments (1)More...

Kofi Annan retires from UN
Political ThoughtsBy Brian Baker on12/11/2006 11:23 PM
A Washington Post article today about the final speech of retiring UN Secretary General Kofi Annan states,

"[i]n a farewell address delivered at Harry Truman's presidential library in Independence, Missouri, Annan praised the 33rd U.S. president's legacy, and quoted Truman in cautioning that "no nation can make itself secure by seeking supremacy over all others."

America is a great and powerful nation.  From the end of WWII  through the year 2000, America worked hard to help the poor and needy of the world through the UN.  The concept of "Noblesse Oblige" or the obligation of honorable, generous, and responsible behavior associated with high social rank or birth, guided America's generosity toward the world.

Somewhere, somehow, this guiding principle has been extinguished in American Foreign Policy over the last six years.

We are now a nation of g ...
Comments (0)More...

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 ...
Comments (0)More...

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.
Comments (0)

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 ...

Comments (4)More...

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.
Comments (0)

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
Comments (0)More...


member.gif© San Joaquin College of Law, 901 5th Street, Clovis, CA 93612
559-323-2100 | Fax 559-323-5566 |
Contact Us