Dictionary.com defines the word “limbo” as - a place or state of oblivion to which persons or things are regarded as being relegated when cast aside, forgotten, past, or out of date. I move to have l-i-m-b-o stricken from the English language and replaced by i-m-m-i-g-r-a-t-i-o-n c-o-u-r-t. Notwithstanding personal, politicized opinions about Immigration in the … Continue reading Immigration Limbo – Some Problems with Immigration Courts and Immigration Policy
A Government of Laws? Only If You Can Guess What They Mean.
John Adams once stated that the U.S. was to be a government of law, and not of men. This meant that the word of law – the text, not the intent – was to govern. If the law was inartfully drafted, or had negative and unintended consequences, a democratically-elected Congress could change the law. If … Continue reading A Government of Laws? Only If You Can Guess What They Mean.
“Let Them Sell Wine!”: U.S. Supreme Court Upholds Right to Personal Property
The fundamentals of Constitutional interpretation have been changed this week (more on this in a forthcoming blog). Statutory interpretation has been subordinated by politics and the definition of a “fundamental right” has been amended to include “the mystical aphorisms of the fortune cookie,” in Justice Scalia’s interesting words. However, property rights have at least fended … Continue reading “Let Them Sell Wine!”: U.S. Supreme Court Upholds Right to Personal Property
PA Supreme Court Decision in Musau Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
I previously blogged about the Monumental Firearms Law related Decision from the Superior Court in relation to DUI. In Commonwealth v. Musau, 2013 PA Super 159, the Superior Court held that an individual who, during a first or second DUI, refused to provide blood or breath testing, could only be punished by a maximum of … Continue reading PA Supreme Court Decision in Musau Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
WHAT THE HELLER?
Quite arguably, the 2nd Amendment took a significant step back recently. In Jackson v. City and County of San Francisco, the United States Supreme Court has “voted” to deny certiorari to plaintiff Jackson, et. al’s appeal from the U.S. 9th Circuit’s decision rejecting her challenge of a San Francisco police code which mandates the lock-box … Continue reading WHAT THE HELLER?
Chester County Sheriff Carolyn Bunny Welsh Does Not Require References on LTCF Applications!
Consistent with a growing number of county sheriffs, Chester County Sheriff Carolyn Bunny Welsh is not requiring license to carry firearms (LTCF) applicants to included references on the LTCF application. I reached out to Sheriff Welsh at the beginning of May about her position on the references, as a friend of mine was applying for a LTCF … Continue reading Chester County Sheriff Carolyn Bunny Welsh Does Not Require References on LTCF Applications!
Lancaster Ordered to Disclose Donor Information Relating to Legal Defense Fund!
Today, the Office of Open Records (OOR) issued a final determination in relation to my Right to Know Law appeal in relation to, inter alia, the City of Lancaster's redaction of donor information. You can download a copy of the determination here. OOR found Because Section 708(c) prevents the application of 65 P.S. 67.708(b)(13) to … Continue reading Lancaster Ordered to Disclose Donor Information Relating to Legal Defense Fund!
Hunting Violation? Think Twice Before Pleading Guilty…
Hunting license revocation season is upon us. I've been contacted by a number of individuals in the last several weeks regarding letters they've received from the Pennsylvania Game Commission stating that their hunting licenses have been revoked for the two years or more. As I've stated in the past and continue to maintain, when you … Continue reading Hunting Violation? Think Twice Before Pleading Guilty…
Hope for Restoration of Federal Firearms Rights
Although by federal statute there is a mechanism by which an individual who has lost his federal firearms rights may request a review to have them restored, that mechanism has been effectively unavailable for years as a limitation in the annual appropriations for the Bureau of Alcohol, Tobacco, Firearms, and Explosive Devices ("ATF") has prohibited … Continue reading Hope for Restoration of Federal Firearms Rights
Words Hurt: How the Differences Between “Objectiveness” and “Subjectivity” and “Punishment” and “Discipline” Can Be a Painful Thing
On May 27th, the United States Supreme Court heard oral arguments in the case Kingsley v. Hendrickson – a decision which will surely have significant impact on the law of 1983 Actions and perhaps even beyond. Substantially, the facts of the case are as follows: In 2010, Plaintiff Kingsley was a pre-trial detainee awaiting trial … Continue reading Words Hurt: How the Differences Between “Objectiveness” and “Subjectivity” and “Punishment” and “Discipline” Can Be a Painful Thing
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