immigration - arizona - constitutional rights

     I have purposely avoided writing about Arizona and Immigration in general because it is a tough topic and I have a lot of different thoughts on it.  I think that illegal immigration is a concern for the US security and our interests such as Social Security benefits and Health Care benefits.  As more illegal immigrants arrive onto US land more public services and resources are diverted from taxpaying citizens to those who in reality just come to make money and leave.  Let’s be honest, many people come to America to make some cash and roll on back to wherever they came from.  Very few of them arrive with the mentality to not only make themselves better, but also better the communities where they live. 

     (SIDE NOTE, RANT WARNING: Illegal Immigrants make me sad sometimes - not all are this type, but…they are not respectful of their environment.  I meet of lot of people who have the mentality that because they are not citizens or legal they can treat their cities and neighborhoods like dumpsters.  Illegal Immigrants, do you want to know why there are issues in not wanting widespread reform? …because too many your own actions do not merit it!!  I am a Mexican but dam guys, get with the program.  Help in the community and participate in a positive way.  Help police officers and public officials out.  They want to stop crime, well... help out by reporting crime and not participating in it.  I know that there have been bad situations not caused by you, e.g. Chavez ravine, etc.; but make lemonade out of lemons, or at least add the lemon to a Corona or a shot of tequila, don’t let it spoil.  There are things out of our control, but those things that we can control i.e. ourselves, should be proper.  Work hard and walk with your heads high because of your actions, not because of a misplaced sentiment of entitlement.  Nothing is free; we all have to work at it.  So work hard and teach others to do the same.  Lead by example so instead of being seen as a burden to America we are seen as the Catalyst for great things and greater tomorrows.) : END OF RANT

     However, at the same time it is a fact that illegal immigration has helped America prosper.  For example; cheap labor has benefited both private and public business.  The consumer has benefited because of the reduced costs, cheaper to build or service whatever it is they are purchasing because labor costs are low.  Also there are millions of dollars of unclaimed taxes that the federal government gets to keep.  To work, illegal immigrants use fake ss #; they have taxes taken out, but cannot claim them as they are not legal in this country, and because many of them earn less wages or earn below the poverty line they should receive some of those taxes back, but they don’t…where is the money?  Illegal immigrants also are consumers.  They help businesses grow because of fear.  Let me explain, in general they do not wander far from home because they are afraid of being deported.  So small mom & pop shops are able to flourish in low income neighborhoods.  These in turn pay taxes as businesses and do contribute to society and can cause communities to rally together; see Chicano Park- San Diego.  So there is some good, but the question is at what cost and is that cost worth it. 

     Are the cost, of Medicare, Medicaid, public services, public school, etc., offset by the benefit of a lower cost work force?  I am not God so I don’t know.  There are issues and I would gladly argue either side of this argument.  I believe that there has to be functional immigration reform.  By functional I am not advocating the idiotic idea to send everyone back and have them arrive the “right way”; let’s not be ignorant it is not going to happen.  There are families where parents are illegal but children are citizens yet underage…is the fed going to pony up funds for foster care…is that even feasible or appropriate?  So really we need change that will allow families to stay together, and be reasonable at the same time.  But sometimes I feel that is a dream that not enough people share.  As the Arizona law specifically its impossible o speak specifically of it.  I will not comment on it yet until the issues our more clearly outlined or the appeals are submitted.

… Brief overview of issues (some not all - and these may not even be issues)

Does the law conflict because the state is trying to supersede federal laws already on the books?

Does the law run under the theory of “concurrent enforcement”, i.e. possible to run along with the federal law?

Can Arizona afford the amount of litigation the law will bring?  The law allows suits against unlawful use of the law, i.e. goldmine for lawyers because you can now sue cops…not usually allowed before; so can a nearly bankrupt state afford it?

Constitutional Issues.

Does it violate the 4^th amendment that guards against unreasonable search and seizure?  Is it reasonable to racially profile as basis for a search?

Does it violate the 6^th amendments right to counsel? If so who will be paying for it? 

Does the law itself violate the 10^th Amendment: “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people” = there are Federal Immigration laws already on the books including the border patrol service which is Federally funded.

Last weekend I participated in the OC Mud Run @ the Great Park in Irvine.  It was a  5k and our coed team ended up third in our division.  It was a good test for my Vibram Five Finger shoes.  I think most people thought I was a tad on the weird side for looking like a ninja at the starting line but it if it does not have a story i don't want it.  I did not struggle out of the mud as much as expected, but the transition from mud to concrete was an adjustment.  I went from dodging potholes on the soft trail to hard impact on the balls of my feet.  They worked though; I even managed a sprint at the end.  Overall I am very pleased with the run.  I think that if I continue running, and staying off the DL list I will be able to complete the LA marathon next year.  I also had the chance to hang out on Saturday night for a birthday party.  I felt oddly comfortable with the people there although I am not intimately familiar with all of them.  There was a sense of mellowness in the room and I really enjoyed it.  I do think that I talked way to much, but if I was able to say anything to cause some positive thoughts I guess its worth it.  I generally do not wander around a room much to talk to everyone unless I am on a mission, whether it be networking or other.  But it was very easy too becuase everyone there was so unique that you just had to talk to everyone.  Maybe it was because I arrived a tad late and the first round had been poured, but I think it was more of an adult get together than anything; where conversation and good spirits dominated the night.  I had a series of engaging conversations with some old friends and met some new aquiantances.  

I have been reading Contracts like a maniac.  I feel that all of the concepts to some degree blend into each other.  For example, Acceptance of a K can be done by any reasonable method; but some contracts cannot be cancelled after accepted i.e. options, but what if the option is unconscionable?  It seems like for the creative mind there is always a way to argue both sides.  It is getting to the wire so the stress is mounting.  I am happy to announce I have not busted out my 1 liter coffee mug yet.  Although I do have it ready for this weekend…good times.  I try to keep that 1 liter coffee jug as a last resort but I have had to bust it out a few times this semester to rally thought the weeks.  I especially like using it when I go the library.  Is it strange that I like going to libraries I am not familiar with?  I like reading where I have never been because it forces me to focus and not be distracted.  I have a habit of going on tangents, its true. Contracts is teaching me that there is so much in every word, even in every day conversation that can be analyzed and dissected, but the beauty of it comes when there is a "meeting of the minds" and the deal is made.  I have read through the case book, and two study guides (almost as thick as the case book) but still the topics blend.  I am sure i will blog at least a few more times before the final, if anything at least to vent.   

I read a sad story coming from New York.  The facts are basic.  There was a woman who was attacked by a mugger.  A homeless man went to her aid being stabbed in the process.  He lay on the sidewalk and bled to death as 20 New Yorkers walked by, one was even seen talking a picture with his phone.  Ridiculous.  Has our society degraded to such a place where common decency is not permitted anymore?  I understand that you have to be careful but at least call someone if you are to much of a wuss to help.  Its a human person and unless you are a POS, you know that a human life is the most valuable thing there is, nothing compares to it.  Sorry if I offend anyone.  Those 20 people should really take long looks in there mirror because, do unto others as you would like them to do unto you, applies to them just as it does to the rest of us.  The only back story we got on the homeless man is that he was Latin American and had recently lost his job and home.  It sickens me to think that our society is so degenerated that common decency is no longer so uncommon as to cause a man his life.  Weird.  I read another bit about some ladies beating a man who did not hold the elevator door for them, the opposite extreme.  I swear this sounds stupid but I really hope those VW commercials would catch on, hell just smile at people.  It comes back to you.  Every kind act does not go unrewarded, just as no malicious act goes unpunished.  Justice is giving to each their due (Summa Theologica).  Why then are we so afraid to rack up good debt?  We are not afraid to throw useless crap onto the credit cards.  We are not scared to piss away our money before we even get or paychecks, are we?  Do good for others, the guy upstairs is not going to forget you for it.  Others may talk bad about you, slander you, or even go to great lengths to make you feel bad...but all for what?  Pray for them and do good.  Jesus said it best, Father forgive them for they know now what they do.  Just turn that other cheek and go about your business.  Maliciousness can only appear to win out for so long.  Do you know...takes 32 muscles to frown and only 15 muscles to smile....take it easy and just smile.   

Today in 1985, Coke, tried to introduce a “new coke” to replace coca-cola.  There was so much a negative response that the company put the original formula back on the shelves less than three months later.  I open today with this because often times I forget the good that my actions and habits produce to look for the next thing.  There is always going to be pop psychology or quick fix “solutions” that will wander before your eyes and tempt you to stray the course.  In the last few years there have been many books that are touted as the solution to life, or the best way to change your life.  Many people, me included, have read these and found them of some use.  I read a lot, but honestly I am very critical and tend to read only books recommended by individuals I respect or individuals whom I dislike.  The rationale being that if I respect you, I will accept your opinion on whether or not something is good.  If I do not like you, I will read what you are reading to potentially give me an insight as to why you are the way you are, maybe I will understand why you are that way and not be as critical.  The dilemma is when people exclusively read Sports Illustrated or Cosmo (tabloids); the lack of enthusiasm to learn about the world or obtain any substantive knowledge is lacking.  It saddens me when I meet people I have not seen for years.  I recall them as brilliant and vibrant.  After a conversation I see that they gave up on learning simply being happy with the scraps life throws their way.  I think that consumerism tricks Americans of all ages to be mind numb idiots who live tabloid to tabloid, or advertisement to advertisement.  Everyone seems to be inducing you to buy what you do not need or want what you cannot have.  But why are we always tempted by the greener grass on the other side?  I think I am grown enough to know that the grass is the same, a fence does not change it; it is what I do when I am on it that matters.  I had a really good conversation yesterday.  It was so refreshing to see that being “old school” is not a bad thing.  I open doors and walk on the street side of curbs; does that make me weird? No, it just makes me myself.  I am calmer now than I have been in years and I take my time.  I appreciate different perspectives a little better because I have been in many ways forced too.  In school we have read so many opinions that I personally think were decided incorrectly, but they have validity none the less.  Reading different things; both good and bad, has been beneficial for me since it made me escape the consumerism box that ads and TV place you in (i.e. I have no time to watch TV).  I know that many people do not have that benefit, but it is not an excuse.  God knows I am an idiot so he places me where he thinks I can best help myself or others.  Those that read this blog know, you are smart and charming but sometimes…just like me…you get lazy and complacent.  We don’t even notice when it happens until all of the sudden you want to live beyond your means or you are happy to have an expensive item knowing that (1) you can’t afford it (2) your goals are now material things and your future looks dark and cloudy.  I saw an ad off the 10 freeway, lol, it was for a bank; “funny, there is no savers remorse.”  I am not saying to save and become a stingy person, not at all.  I am saying that you should seek to make yourself better every day, so that those who come after you are not slaves to the same vices you were.  Save those things that make you unique!  Why settle for being part of the crowd?  If you want to spoil yourself, do it.  But know that you are deciding to do so; do not let media and advertisers tell you what to want!  Grow a pair and handle your business. New is not always better, Coke learned it, sometimes those “old things” that are part of your personality are exactly what they should be.  We may be too nearsighted to notice we have been walking on the right path the whole time.

I had a good weekend.  The highlight was going out with the whole family to the zoo.  My nephews are awesome in small doses.  Cheers to all those with young children.  They are great but they never get tired until they drop to take a nap, then they are golden after a few minutes.    In the last few weeks I have learned some lessons.  I learned these personally and/or by watching others. 

1.      Always have an exit strategy

2.      Park far from wherever you are going

3.      Avoid documentation of what you do.

I have been in some interesting situations; many of them good some of them bad.  Always be ready to get out regardless if it is good or bad.  Remember that determination is only made in hindsight so on the spot you have to go with instinct and hopefully some well grooved habits.  Park far away from where you are going.  No one likes dings on their car, or parking tickets.  Also if you get into trouble you do not want whoever is looking for you to know what car you drive; if it’s a good trouble you want to be far enough away not to be noticed.  Don’t allow yourself to be documented in questionable situations.  A lot of people fail at this one.  I know you want to share with your friends what you are up too, but don’t forget everything online is fair game for everyone.  Did you know that all tweets are now being stored in the library of congress?  Yeah all those 14 word babbles of non-sense, forever viewable.  Be smart, for your own sake.  

I changed it to a set of Ping Eye 2+ (orange).  I just like the look and I want to give myself a little more forgiveness than the ISI-K’s which have a little bounce and little cavity.  I want to be able to score and hit more Greens in regulation so I am shortening my backswing and just thinking smooth through impact.  I have been forgetting to actively roll my wrist through impact and I just leave the club head hanging there so I am always hitting a fade.  Also my putting stroke is suffering.  I lose my tempo because I can’t start the putter head back soon enough and I end up reconsidering the line while above the putt.  So I am going to roll with the forward press.  Not a huge one but enough to only change the face of the putter a degree or two.  I practiced it and my timing and puts started more naturally and felt smooth.  I stayed shoulder length apart and still straight stance, neither open nor closed. 

Last night I stayed up reviewing Contracts law dealing with Parol Evidence.  The rule itself can either protect justice or harbor injustice depending on its application.  Its purpose is that a judge can determine as a matter of law what evidence to admit or not to admit when there is a written contract between parties.  There is a Supreme Court case being heard today in regards to personal texts being sent with work phones.  I am not going to chat about it until there is a decision, but…it made me think…would the Court consider texts as contemporaneous written agreements or as contemporaneous oral communication.  The Parol Evidence rule, simply put excludes oral and written info prior to the contract, oral contemporaneous info at contract time, but it will allow evidence of contemporaneous written, and subsequent oral and written info.  What would text messages be considered since they are sent in lieu of speaking?  It does not seem they would be considered “writing” for purposes of the rule. Right?     I emailed my professor.  She brought up another good point, whether or not texts fall within the Statute of Frauds.  I can’t even wrap my head around that one at this point.

So Obama wants to send us to the Moon. He is a smart man. I think it is very clever; just like Kennedy. When JFK needed some deflection from the political turmoil, he rallied the country to put a man on the moon before the end of the decade. Millions were spent but no one cared because we were one and we were beating the Communists. Curiously, Obama is a golfer (we all know this), during the Masters all the commercials were from Exxon Mobil and a program/scholarship to put more math and science teachers in middle schools. It’s a nice series of commercials, even Lefty is in one of them. I think the line is, there is math and science in everything, even golf…and about today’s tinkerer’s being the future. I wonder if there are any cuts for big businesses coming down the pipeline. Mars by 2030; 2030-2010 = 20, i.e. those middle school children (age 10) + 20 years = 30 year old engineers. Hmm, interesting. I also heard from a source that the trend may be towards privatizing schools to reign in spending and limit pensions and health benefits. It would definitely be a good in for big companies to literally farm the next generation of geniuses. I know I am speculating but the connections are not so far flung to avoid or dismiss them. There is a deeper meaning to the Mars thing than just a sense of achievement for the country. I guess it’s my paranoid side, but there has to be an angle and I think its connected. Hey, they say that most deals are made on the golf course right?

I am going to agree with half the planet and say that Lefty was amazing at the Masters last weekend. He stuck some shots; like the 204 6-iron through the trees that really place him in a special category. Reflecting on his game and my own I came to the conclusion that I have to shorten my back swing. I know I will not look like a golfer as much, its true. But, all of my wedges, PW, 52*, 56*, 60*; I swing with a ¾ swing and I can stick those close. I even hit a flag stick last weekend. Given this I am going to copy Phil's style of shortening the back swing and crushing the ball. My overreaching is causing me to come to much to the inside on the take away and over the top on the downswing...ergo visa-vi...osea... my power fade, amazing cut, i.e. slicerony special. I am not proud to admit that, but its the truth. So I will give progress reports on that.

I read another article about the Catholic Church. This time it was about a Church official who opened his mouth and said that pedophilia is linked to your sexual orientation. Obviously that is ridiculous, and the CC in England released a press statement that stated the opposite but the damage was done. Why are they so quick to jump all over the Church for any utterance. Did you know that the Boy Scouts of America had to pay a pretty penny for molesting kids, no because they are good ole boys and the media wants to always crush the Church. I am tired of it. Oh and this whole thing about the UK trying to detain the pope during his visit in a few weeks. They are trying to come up with a way to question the Pope's head of State designation. Why? So they can sue him. Can they please give it up already. He has been recognized as a head of state for decades, the Holy See is not going to back down to the pressure of these attorney's busy making a name for themselves. Its ridiculous. Lets just get to the issues. The Church needs to be more open about its policies and should disclose criminal acts done by its priests sooner, so justice may be served upon them. They are working on it. 1/6 people on the planet is a Catholic. To try and get every Diocese on the same plane is going to take time. People at a dinner table can't agree, now imagine millions of tables in different languages. Just relax people. OH, and FYI there is an Event in San Clemente to Benefit research for Sudden Infant Death Syndrome. Its at a local pub in town on Sunday 3-6pm. Www.ocregister.com for more info under the san clemente link; if you can make it go, or donate online. The kids will thank you.

Law School – kicking butt and taking names. Just kidding. I am freaking out over finals and I have been a little shaky the last few days. I think that I am getting sick (throat and ear infection). Anyhow, its going well. I am outlining some more and listening to more lectures during my ridiculous commute. I think once tomorrow, TAX DEATH DAY, has passed I shall be able to relax and get some more done. I am taking a few days off before my second final to prepare so that should be relaxing.

The Masters tournament is here; this tournament unlike others does not change is Georgian location yet remains an evolving cathedral for golf’s finest hour.  To play the 18^th on Masters Sunday at Augusta National is every golfer’s dream.  The course has been updated due to the “Tiger Woods Era” but retains the same charm that brought names like Jones, Hogan, Palmer and recently Cabrera into the realm of golf immortality.  The tournaments traditions have made it a major and its tales tragedy, i.e. Norman 96, make it unforgettable.  This year marking the return of Tiger Woods 2.0 and center stage offers two stories; redemption or opportunity.  Redemption for a past champion whose Thanksgiving turkey will haunt him forever or opportunity for anyone willing to step up to the tee box and usher in an new era for golf.  Whatever the case may be it will be exciting and every putt will count.

 

I have been reading a lot lately.  I think that the break really helped get my head level.  A few months ago I was very troubled, but I gave myself a mental deadline.  The plan was to let my mind wander were it may until the month of April.  Funny, I think I wrote about that being my deadline.  Regardless of whatever the consequences, decisions, actions or anything April was my sworn deadline.  The spending of energy in useless thinking is gone and replacing it are me and school.  FYI…YouTube - Drunk history - look for Tesla or George Washington. It is entertaining and nerdy at the same time. And if you have time, check out the progression of my golf swings.  I have not updated in a while but: alexderbez is the name. 

 

Torts and Contracts have been great to learn.  I think that the law of Torts tends to have a policy lean to most of the decisions; whereas Contracts (K) seems to vary on the approach to the law each judge takes.  I am going to be enrolling in summer school, but I plan on taking a lighter load than expected.  The way I figure it is that I am no longer in a rush to finish as I was a long time ago.  I want to take my time and cement good relationships with my peers.  In the future these will be my co-workers and maybe even employers!  I am currently working hard and “finishing” to get a job is not my priority.  I also figure that all of the summer courses available to first year students are: not fun, requirements, and dreadfully boring.  I will have enough time to take the required courses, if I stick to courses I enjoy and want to take it will make me a better litigator and better attorney in the future.

The Masters Tournament is this week.  Traditionally at we pick from the top 50 players in the world and the winner (most earnings total) has bragging rights until the next major.  Last year I won 3 out of four, I was robbed the last major because Harrington fell apart on Sunday.  I am picking him again; so we shall see how it goes.  Also I am expecting to play twice this weekend so going out at night will be a no dice this weekend. 

Torts are still freaking me out.  I feel like most arguments are policy concerns.  I am reviewing Contracts a lot as well.  This month is crunch time so this paragraph will either grow exponentially or shrink by the same degree.   

Where is all the money going?  I hear a lot of people now want to start looking at purchasing a home, especially with this market.  We all know that it cannot stay low forever.  In a little over a year the Fed has purchased 80% of the mortgage backed securities.  Because the Fed has purchased these seemingly “toxic” securities and taken them off the market the US real estate market was safe for about a minute. The truth is that the safety net that the Fed provided is now gone and those securities will make it back into the market place causing volatility and letting capitalism do its thing.  The MBS provide a yield, but they have an unwritten floor.  Besides the common factors of inflation and the like, mortgage backed securities look at the 10 yr Treasury note.  The 10 yr note is safer than the MBS because; better tax benefits, and is backed by the US gov’t as opposed to borrowers.  It will always trade lower than the MBS.  The mortgage backed securities have to pay a lot of people before providing the yield; the lender, the broker, etc…then the investor.  Ago; the US is spending so much money it has to attract foreign investors by selling these 10 yr notes at attractive interest rates, i.e. financing the country with a Chi-Ex Card.  Because these will be enticing investors the Mortgage Backed Securities have to start raising the rates to be able to compete and even be sold, which is the eventual plan of the government.  When the rates go up what’s going to happen?  The trickle will be felt everywhere.  I think that commercial real estate is barely starting to feel the pinch.  That sector will be getting a whole lot worse than better in the proximate future.  As interest rates go up and consumer spending contracts (it has expanded in the last few months) who will be looking to start a business?  Who will be able to afford to start one?  The low interest borrowing will fade into memory and the market will have to correct itself.  Inflation managed bond portfolios out performing international ones will seek equilibrium.  The see-saw of the market will come back.  That is going to be a cruel jolt back to reality.  We are going to see the classics go up: gold, oil and the “safe” investments return to normal levels: munis, corp, and gov’t bonds.  I don’t understand why many people invest as if the rally was real, but let’s be honest; the government is not going to bail out the country every time, nor should it.  Prudence is a tough lesson and we are all learning it.  Economist Gary Becker alluded to the fact that in 1950, woman and man married at ages 20.3 and 22.8; now it’s 26 and 27.7, respectively.  Judge Posner referred to the fact that 1930 - 1990 - the percentage of households consisting of a married couple declined from 84% to 56%.  Why do I mention these statistics?  The road is going to be brutal for the weary and unprepared.  People are breeding later in life because they are opting for their careers and higher earnings.  Women are making more income (less dependence on men) and the specialization of housewife does not have the same allure it once had; results, fewer children.  The problem is when we are all ready to retire there will be less healthy young people to tax.  This is where immigrants and the un-educated will fill in the gaps.  The uneducated and immigrants will take the unskilled jobs needed for society to function but at what cost?  They will need benefits and rights as well and not all of them will be earning enough to be able to tax them at a high enough rate to pay for social security and Medicare benefits.  Also immigrants tend to send earned income back to their native countries thus not participating in consumer growth or taxation of goods.  So what do we do; make babies and stay broke for the benefit of the older generations, or work hard make less babies and retire on our own dime and not uncle sam’s.  The important thing to know is that all connected and any action will cause an equal and opposite reaction, I just hope I am on the good side of that Newtonian equation.

In a recent Supreme Court decision Padilla v. Kentucky the majority opinion was that in order to protect the 6^th Amendment lawyers must advise about deportation consequences of pleading guilty or being found guilty in a criminal proceeding.   The guy had been a permanent resident for 40 years; he pleaded guilty and was going to be deported.  On appeal he claimed ineffective assistance of counsel.  He won his appeal by a 7-2 vote.  I think that guy should have known the consequences of his criminal behavior could lead to his deportation.  However, I concur that the attorney should have reminded him, but it feels like any constitution is meant to protect a group of people not all people.  I am not protected by the Constitution of another country am I?  I concede that the US is in a special place because we are a nation of immigrants; it just feels like that’s too much of a loop-hole.  -Oh, I am a criminal, and my attorney told me to take the plea deal, so now I am getting deported, poor me.  Just makes no sense to me and it speaks ill of the immigrants following the law, paying taxes but not claiming them because of legal status.  In some regards the criminals among the immigrant community enjoy the rights and the ones that slave to earn a living get poorer treatment under the law.

I have read a lot of stories bashing the Pope and the Church.  I feel that they are either: under researched or spiteful.  I agree those priests who abused children should pay and that mistakes were made.  But do not mis-interpret a religion’s dogma to suit your claim, one letter to the Pope I read said that they no longer would worship the Pope and that the Church had lost its moral authority over them.  The Church is not a dictator nor does it force any rules upon you.  If you chose to disregard the “rules” it is up to you, but don’t act like you are on a higher moral ground because of the slow response or inadequate response of some members of the clergy.  Church is a compass, it points to a direction, goodness, and how you get there is between you and God.  Catholics do not worship the Pope.  He is the leader of the Church but worship is only for God.  Research facts,  all who spit to heaven wipe your faces.

I finally look like a real golfer !!! Great success.

picture courtesy of j.soto