Category: Explainer
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Proposed Findings of Fact, Legal Stuff
The Heller opinion clearly stated that the right to keep and bear arms was an individual right. That was the holding. To get to that decision, the Supreme Court did their standard analysis. First, is the plain text of the Constitution implicated by the proposed conduct? Second, what is this nation’s historical tradition of regulation…
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Is that a machine gun you have there?
(b) Machinegun The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended…
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Federal Emergency Management Agency
“Management Agency” is the key here. In leadership courses we hear the phrase “Either lead, follow or get the fuck out of the way.” There is a strong reason for this, projects fail when leadership is weak. “A bad decision now is better than a good decision too late,” is another. What this means is…
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Honor Culture
Or Cultures of Honor. Most people in western civilizations understand the concept of Honor. Or, at least, they think they do. Most understand, “do the honorable thing.” It is a question of right and wrong. It is a moral decision. The honorable thing to do is to return the wallet you find on the sidewalk.…
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How To Securely Update A Device
There are two basic types of devices, an embedded system, and a general system. There are embedded systems everywhere. Your smart TV. The Chromecast you have attached to your “dumb” TV. Your coffee maker, your washing machine or drier. These are a few of the embedded systems you use every day. There are some that…
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Good Lawyers Aren’t Cheap. Cheap Lawyers Aren’t Good.
I grew up in an innocent age of TV and movies. The heroes were the guys in the blue uniforms and the white hats. The lawyers were evil men working for evil criminals, or they were good men doing good deeds. The press was there to expose the truth, to give us the facts. The…
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When losing is winning. SCOTUS denies cert
We are a society of instant gratification. You go to Amazon, click two buttons, and the next day that thing arrives at your door. Your kid sends you a written message from a different continent, three times a day. You snap a picture of your cat, develop it, do some touch up, decide you can…
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Why May v. Bonta is a big deal
B.L.U.F. The babblings of a not lawyer about just how good a weekend order from the Ninth Circuit was for The People. (1500 words) There is a name that should be familiar to us, but which is not, Federal Judge Jack Weinstein. He sat on the Eastern District of New York district court from 1967…
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The Cascade of Opinions
B.L.U.F. A quick update regarding some 2A cases kicking around. Touching on how bad case law begets bad case law. (1200 words) In June 2022, the Supreme Court issued the Bruen opinion. This case answered one question: Is New York’s “proper cause” requirement for a CCW constitutional? The Supreme Court answered with a resounding “NO!”.…
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As Applied?
B.L.U.F. What is the difference between an as applied challenge and a facial challenge to law? (1550 words) In Antonyuk v Hochul, the plaintiffs challenged parts of New York’s CCIA on facial grounds. This is to say, they claimed that the challenged legislation is always unconstitutional. For example, it has been established that a ban…