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Author: |
Brian Baker |
Created: |
Wednesday, October 11, 2006 5:46:00 PM |
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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. |
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Are American Indian Nations/reservations/rancherias truly given Sovereign Nation status? |
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By Brian Baker on
Thursday, September 13, 2007 6:28:18 AM
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I read an interesting article today in the North County Times. Mr. Jim Trageser wrote a piece about a lawsuit over whether Indian casinos in California were paying enough money to the State of California for the privilege of operating their casinos.
Interestingly enough, the plaintiff in the law suit is not the State of California, but a non-Indian resident (how that gets him standing, I'm unsure). In fact, the State of California says that the casinos are paying the state exactly what they owe. This person simply believes it isn't enough.
The case was dismissed at the District Court level, but was reinstated by an Appeals Court yesterday.
The article raises other interesting concepts. By U.S. Treaty, these Indian Reservations are sovereign nations. Yet, the U.S. Government regularly meddle ...
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The FBI's National Security Letters (NSL's) and you! |
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By Brian Baker on
Thursday, September 06, 2007 10:08:37 PM
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National Security Leters (NSLs) "allow [FBI] agents in counterterrorism and counterintelligence investigations to secretly gather Americans' phone, bank and Internet records without a court order or a grand jury subpoena.
Wowser! Sounds like a fundamental violation of Constitutional Privacy rights to me! Fortunately, it sounded that way to U.S. District Judge Victor Marrero as well.
The Washington Posts reports today, that Judge Marrero ruled, in the case of Doe v. Gonzales, that the Patriot Act's provisions on NSL's was "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values."
The ruling strikes down all provision ...
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Please, help me save some lives! |
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By Brian Baker on
Friday, February 02, 2007 4:13:10 AM
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Dear
Friends,
Greetings!!
Some of
you may know that my younger brother, Jay Baker, is suffering through a
particularly hard case of cancer.
I am
raising money, in Jay's honor, for The Leukemia & Lymphoma Society as a
participant in their Team In Training program. ...
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The execution of Saddam Hussein - was it fair? |
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By Brian Baker on
Wednesday, January 03, 2007 7:10:35 AM
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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 ...
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Former President Jimmy Carter on Israel, Palestine and Apartheid |
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Political Thoughts
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By Brian Baker on
12/13/2006 8:56 PM
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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 ...
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Kofi Annan retires from UN |
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Political Thoughts
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By Brian Baker on
12/11/2006 11:23 PM
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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 ...
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Congressman Rangel and reviving the Draft |
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Political Thoughts
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By Brian Baker on
11/22/2006 6:30 AM
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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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Have the recent set of laws led us to the verge of a Police State? |
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Political Thoughts
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By Brian Baker on
10/12/2006 2:10 AM
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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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