The Supreme Court Sent Me To Prison

The Justice took us on an end-of-summer field trip to the Colorado Department of Corrections in Cañon City, Colorado. She wanted us to see where we send people when we deny their certiorari petition or affirm their conviction. Our work has real-world consequences. It is not just research and writing. The Justice wanted this trip to bring gravity to our work.

Before I describe my trip (which I will do tomorrow), I will share my general impressions.

First, every worker and guard had a deep passion for their work. While they recognize that they work with bad and dangerous people, they hold out hope that some may be reformed. They are not bleeding hearts who excuse bad behavior. Instead, they hope that they can change the fundamental nature of the offenders.

Second, the prison system runs on an excellent incentive program. Every prisoner has the responsibility of keeping their cell clean. Every prisoner, with the exception of those in SuperMax, must work. However, the system uses incentives of nicer and better paying jobs for those who 1) behave, 2) do quality work, and 3) show a desire to work hard and do more. Education is available for everything from G.E.D.s to C.A.D.

Further, a prisoner may earn his way to lower security facilities with more privileges by good behavior. Thus, a well behaved murderer may be in a medium security facility making license plates, but a thug on a simple drug charge may serve time in the SuperMax. It is entirely up to the choices that the prisoner makes.

Third, Colorado Correctional Industries seems to do just about everything. They have prisoners who make furniture, prisoners who raise livestock, and even prisoners who are chefs. The prison system is thus using a vertically-integrated company. The benefit is that CCI is TABOR exempt but not taxpayer subsidized. However, every higher education institution must buy their office furniture from CCI, and this seems to be a bit of a racket. On the whole, though, the program is good. The prisoners get training. The state receives the benefit of many services and products. The taxpayers do not (directly) pay.

Tomorrow I will detail my trip.

Make God Laugh

Tell Him your plans.

I have been reflecting on the future, my plans, and how I really don't know anything. The Bible verse that has been running through my head is James 4:13-17 (NKJV):

Come now, you who say, "Today or tomorrow we will go to such and such a city, spend a year there, buy and sell, and make a profit"; whereas you do not know what will happen tomorrow. For what is your life? It is even a vapor that appears for a little time and then vanishes away. Instead you ought to say, "If the Lord wills, we shall live and do this or that." But now you boast in your arrogance. All such boasting is evil.

Therefore, to him who knows to do good and does not do it, to him it is sin.

Charles Spurgeon wrote an excellent sermon on this passage. It was published just after his untimely death. I highly suggest you read it. He had five points. First, that counting on the future is folly. Second, it is clear enough to us all that ignorance of the future is a matter of fact. Third recognition of God in the future is wisdom. Fourth, boasting of the future is sin. Finally, the using of the present is a duty.

I would just like to comment on the third point. In his book, James opens with a plea for wisdom and the promise that God will give wisdom freely. Beware praying for wisdom, for it is not often won easily. But how is the recognition of God in the future wisdom?

We (myself included) are apt to initially think that it means that God will "make everything work out"-- i.e. that it will all be pleasant in the end. I see no such promise in the Bible. Sure, God has a plan for the redemption and the renewal of creation. Yes, we have the promise of heaven and the resurrection in our glorious bodies. Nothing, however, is said that everything will turn out rosy in our lives presently. In fact, if Christ is to be our Model (and He is), then it is more likely than not that things will be tough. Paul was beheaded. Peter was crucified. In fact, most early Christians (and many modern Christians in China and elsewhere) have had to die for their faith.

So why trust and be wise in knowing that God is in the future? Because God is the Sovereign, the One who has a plan. So our present suffering and joys are just parts of His plan. We play a part in His dance that will renew the world.

We trust in God not because He promised everything would be rosy, but because He is in charge and is a good God. The pleasant things in life are shallow and vapid. The true joy, however, can withstand any trial and setback. That it because it is rooted in Him rather than circumstance.

It is what I'm trying to learn to do.

Happy Posting

Some have complained to me that my latest posts were too negative. So, I shall talk about something happy for a change.

I have been reading The Chronicles of Narnia by C.S. Lewis. I picked up the book just before I left for DC. I have a tradition of picking up a book to read while on the plane and other times of low productivity while traveling.

The Chronicles of Narnia are a series of stories about a magical land. There, animals can talk, magic exists in abundance, and all sorts of creatures from mythology play roles in the battle between good versus evil. C.S. Lewis, a noted Christian theologian and writer (more works here and here), had placed a good variety of Christian morals and imagery in the books. I have read six of the seven books thus far.

What makes Narnia so great is C.S. Lewis' use of themes. There are super-themes that run the course of the whole series of books (e.g. the Gospel). Then, each book has a theme. The Magician's Nephew, for example, has the creation/free will/introduction of sin elements. Then, each book has several sub-themes in which various virtues, vices, and elements of Christian character are taught. It really is a marvelous series.

I really liked Voyage of the Dawn Treader. It has to be one of my favorite stories thus far. The imagery of Eustace as a dragon, how that comes to be, and how it is cured, are such great references to sin. I loved the book's theme on doing the right thing in the face of adversity (both internal and external). Sometimes we get complacent and weak (the governor of the Lone Islands). Sometimes our fears create our own trap (the dark island where dreams come true). Sometimes our own pride keeps us down (the Dufflepuds). It was really a wonderful book.

I whole heartedly suggest you read (or reread) The Chronicles of Narnia.

Racism

I just received this email in my school inbox:

Volunteer training at CU for Reading to End Racism


Interested in being a part of the solution?

All CU staff, faculty, students are invited to a special on-campus volunteer

training.

Reading to End Racism works to combat racism through interactive personal and

literary programs that educate and empower youth. Volunteers serve as guest

readers at local schools to help facilitate discussions around issues of

diversity and acceptance.

TRAINING: Wednesday, July 30th, 2pm-4pm in UMC 325

Space is limited, so sign up early!

Contact: **************

Additional information: www.colorado.edu/vch

So… Does anyone want to tell me how reading can end racism? Is that racists are illiterate? These idiots at CU believe their propaganda that bigotry is from ignorance.

Bigotry is not from ignorance: it is from hate. A racist maybe well educated in all matters of knowledge, and yet still hold on to his hatred. He or she can be a PhD in Mathematics or be a physician or a lawyer and still squirm when “those people” (whoever they may be) get on the bus.

This program is another silly waste of time and money. More that likely there are some public funds in this program, which has only one purpose: to give some brainless bureaucrat a job for life.

Big Brother is Watching You

Flint, Michigan has two problems: crime and cash. To reduce the crime, the city wants to install cameras at 14 major intersections across the city. But cameras cost money, and so they want to have businesses sponsor the cameras. The cameras would feature the business logo: like NASCAR.

I love that Common Cause thinks the taxpayers should pay for the system. Common cause has never seen a tax-and-spend idea it didn’t love. While I’m all for sponsorship and all things hillbilly, this camera idea is ridiculous.

First, have cameras ever deterred crime? No. Just ask the thousands of convenience store clerks who are robbed or shot while their cameras capture the scene.

Second, do cameras solve crime? Not on their own. Every night, the local news posts some still image from a bank robbery or a convenience store hold up in the hopes that someone will recognize the man and call police with the tip. I somewhat doubt that the majority of cases are solved because of camera surveillance. Further, a good lawyer could easily cast doubt at trial when the state tries to use the evidence.

Third, this is a curtailment of civil liberties. While in the post-9/11 world “security” has become the idol of the public, all it has done is hassle the average citizen trying to go about his daily life. Remember my post on how the UK is now requiring old men to remove their hats in taverns. That is the logical step from security cameras. First, the government installs the CCTV system. Then it adds facial recognition, which cannot compensate for hats and glasses. So, the government steps in and bans the offending items. In the name of security, the government is now dressing you. The government has literally become your nanny.

Dumber than Paris Hilton

Even Los Angeles, the land of Lindsey Lohan and Paris Hilton, thinks we’re dumb.

The bungles of Mayor Hickenlooper and his posse of Democratic boot lickers have made the national press. The Los Angeles Times reported that the city is $10 million dollars in the hole for the convention. Compounded to this, the planning apparently has been done by seven year-olds. The article does a good job of listing some (but not all) of the gaffs:

“[Barak Hussein Obama’s] acceptance speech being held at an outdoor stadium instead of in the arena where the rest of the convention will take place.”-- This was a last minute change on the part of the convention planners. It is a logistical and security nightmare. The secret service has always hated open-aired football stadiums.

“Even special daisies that the city bred partly to show off for the convention are failing to sprout.” Why the hell are we paying for “special daisies” that can’t even grow? Is it a sign of Obama’s plans for the economy?

“[Denver needed to defend its] much-mocked catering guidelines, which recommend organic produce and color-coordinated meals and discourage fried food.” -- Look, 90% of the convention goers will be drinking copious amounts of beer and eating greasy hamburgers. The catered food, meant to appeal to the Democratic fund sources (the environmentalist lobby), will be eaten at official parties but I guarantee many cows will die for the Democrats.

“Local political leaders and the host committee insist everything is fine, and that any bumps along the way will be overshadowed by the attention showered on the city next month.’ -- Do not look at the man behind the curtain! Buy our propaganda, not the truth!

Seriously, Denverites hate these conventions, which amount to welfare for the political parties, precisely because we can see these sorts of issues. Contrary to the mayor’s claims, hosting the DNC will not give economic benefit to the city. Once the costs of the convention-- its security, its protesters, and the lost productivity of workers who skip town to avoid the hassle-- are factored in, the city will lose tens of millions of dollars.

Oh, and do not forget tax free gas and car washes.

Police: Not Above the Law

In an argument on the law, who do you root for: a lawyer or a cop?

Breitbart reported the AP story of a showdown in a Japanese restaurant between a lawyer and a cop. The cop had run into the restaurant for a quick meal-- but he parked illegally next to the curb outside. Now, if you or I did that, we would get a parking ticket. The lawyer brought up this important point.

Bryant testified. "I responded, 'No, you're not.' I told him he was an officer of the law. He's not supposed to break the law. He's supposed to enforce the law."

The cop replied that the law did not apply to him. The best he could come with in court is that he might have to leave quickly to answer an emergency call.

This is a victory for the rule of law. The police should never be above the law. If the law needs to be amended to allow a cop to park illegally for routine meals, then let the legislature do so. I seriously doubt that parking an extra 30 feet away would really hamper the cop in performing his duties of taking reports after a person is victimized. What this is really about is the arrogance of the police culture in assuming power they do not have, but who will argue with the man with the gun?

Nonetheless, until the law is changed, the cops must abide by the law too.

Tangentially, I will never use the LE/"Civilian" distinction. Really, either a person is active duty military or they are a civilian. Either they operate under the rules of martial orders and law or they operate in civilian law. A soldier has vastly different responsibilities to the state than a cop. A cop is a citizen whose given a badge to enforce the law, while a soldier is to defend the very existence of the state.

Lesbian on Lesbian Action Again

To update you on my previous post:

Reuters reports that a court in Athens has dismissed the plea by Lesbians (residents of the Greek island of Lesbos) to ban Lesbians (homosexual women) from using the term. Given the nature of hypersensitivity to the GLBT movement, this ruling does not surprise me in the least.

What bothers me is one particular line in the story:

In a July 18 decision, the Athens court said the word did not define the identity of the residents of the island, and so it could be validly used by gay groups in Greece and abroad.

This holding is patently false. The word's etymology derives from the name of the island and its inhabitants. To be "Lesbian" was originally the same as being an "American" or "English" or "French." When part of a hegemonic league (such as the Delian League), "Lesbian" was roughly equivalent to "Coloradoan" or maybe "Puerto Rican." That is the word has historically been understood to refer to the inhabitants of the island of Lesbos.

Where "lesbian" achieved its new definition comes from the ancient erotic poet Sappho whose works often featured female homosexual sex. While it is true that Sappho was from the seventh century, B.C., the term "lesbian" had a duel meaning through most of history. During that time, the term was very often, if not most often, understood to mean the inhabitants of Lesbos first and homosexual women only secondarily. It's like us referring to a "special" or "San Francisco" type male today. Does that mean the homosexual community should be able to steal the word "special" from our language? Or should a person be ashamed for being from San Francisco and thus associated with homosexuals? (Wait.. that has happened already...)

The case will almost certainly be appealed, for this is a matter of principle. Don't hold your breath for a different ruling because European courts recently have been going to great lengths to satisfy their GLBT communities.

Good News!

I just found out that I have succeeded on securing a place on CU's Journal for Telecom and High Tech Law. This is a high honor, as there are only 20 spots on the the JTHTL and one must submit an essay successfully complete a "citation exercise" in order to "write on" to the journal. If you do not know, legal citation is about 20 times worse than normal academic citation (get a group of lawyers together to write rules and, well, it gets terribly complicated for complexity's sake).

JTHTL is one of the top five Intellectual Property Law journals in the country (a growing field and more important than ever-- think of iTunes). Further, JTHTL has also been ranked one of the top communications law journals and one of the top technology law journals in the country.

I am really happy about getting on this journal and just wanted to let you know about it.

So, Yay!

DNC Gas Fraud

The DNC has committed fraud. They pretended they were city of Denver vehicles entitled to tax-free gas and “private” car washes. When the Rocky Mountain News broke the story, the fallout was immediate: Denverites were angry, and justifiably so. Some quotes:

"I do know for a fact that they're doing the same exact thing in Minneapolis," Hickenlooper said, referring to the city that along with St. Paul is hosting the Republican National Convention.

But Teresa McFarland, a spokeswoman for the Minneapolis-St. Paul host committee, said its members are getting their gas at public pumps.

This is the “but the other guys are doing it” argument, and it appears false. Hickenlooper is either lying or he cannot verify his “facts.” Now, it could be simply because I don’t live in the St. Paul/Minneapolis area, but it seems to me that the Republicans are not have nearly the problems of setting up their conference as the Democrats in Denver seem to be having. Only the party of entitlements would think they should get low cost gas paid for by taxpayers.

The host committee, which is responsible for raising money to put on the convention, is using the city's pumps "for safety and security reasons," [Chris] Lopez [spokesman for the host committee] said.

I had no idea I was using unsafe and insecure pumps. Now, every time I fill up, I feel like the oil companies-- and the government too for that matter-- are robbing me. Maybe if I could fill up where the cops fill up their squad cars, I would feel more secure and safe. Nah, I would probably just get a speeding ticket (Denver loves giving them out).

The disclosure brought immediate scrutiny. Colorado Attorney General John Suthers said the practice "would seem" to be illegal and referred the matter to the state Department of Revenue.

Yep. This is tax fraud.

Everyday there is a new story about how Denver has bumbled the planning of this convention.