Archive for May, 2010

Kids say the darndest and truest things.

Sunday, May 30th, 2010

Kids say the darnedest things I remember watching Art Linkletter, RIP,  as a little kid. I was too young to understand what the adults were talking about, but enjoyed the segment where he talked to children. The segment was dubbed, “Kids say the darrndest things.” As a child myself, I took competitive joy in watching little kids say crazy, embarrassing things. “Boy if I was sitting on one of those stools,” I thought, “I’d never say anything that stupid.” Michelle…

Vasquez case a start on the way out of a bad turn.

Sunday, May 16th, 2010

An interesting phenomenon in appellate decisions is that a court decision, often a higher court, establishes a certain principle of law of general application and then the lower courts are “stuck” applying this principle despite the apparent illogic of absurdity of its application. Because lower courts must adhere to the rulings of the higher court, unless the lower court can cleverly distinguish its situation from the decision of the higher court, the lower court is compelled to issue a decision…

A net Sum v. Holder game

Sunday, May 9th, 2010

  I am often amazed how diligent the judges of the Ninth Circuit Court of Appeals are in handling immigration cases. Though I often lament about how they got it wrong, failing to understand the bigger immigration context of their decision (like in the advance parole and visa waiver decisions discussed in the past), still this is a rather arcane and unsexy area of law for an appellate judge to have to be spending so much mental energy.

Real state government action to solve an immigration problem.

Tuesday, May 4th, 2010

The San Diego City Counsel voted yesterday 7-1 for a resolution to repeal Arizona’s new “immigration law.” The Arizona law, as amended, allows for questioning of immigration status only if stopping, detaining or arresting a person while enforcing another law. The earlier law had referred to a “contact” with police. While waxing indignant that police should not be “enforcing” immigration law in Arizona, the San Diego City Counsel ignores what the police do in San Diego routinely – handling over aliens…