PAGA(Private Attorneys General Act) Blog

PAGA

One of the most infuriating aspects of Constitutional Law is the need to remain philosophically consistent, even when… especially when… outcomes on specific cases seem to produce unjust results.     A number of years ago a plaintiff sued the BATFE.  It had classified him as a prohibited person (erroneously) and he wanted it to correct its records...

A Quixotic Endeavor Blog CCW

A Quixotic Endeavor

Hear me now, oh, thou bleak and unbearable world   Thou art base and debauched as can be   And a knight with his banners all bravely unfurled   Now hurls down his gauntlet to thee!   I am I, Don Quixote   The Lord of La Mancha   My destiny calls and I go   And the wild winds of fortune   Shall carry me onward   Oh, whithersoever they blow   Whithersoever they...

Cain Abel & the Vote Blog

Cain, Abel, and the Vote

Why did Cain kill Abel?     Seriously… what was the real motivation?  Jealousy?  That seems like a spectacularly one-dimensional excuse frankly.  I think it was hate, pure unadulterated hate.  Ironically, it was not hate directed at Abel.  (That probably was, in fact, mere jealousy).  No… I think it was hate directed at God.     Cain killed to force God...

'Tis a Far, Far Better Thing

‘Tis a Far, Far Better Thing

I could hear him from across the bar.     He was overweight, obnoxious, and should have known better.  Curly hair, or what was left of his curly hair, hung precariously off the back of his head and covered the back of his grey blazer.  Under that fabric drape a Hawaiian shirt exploded in yellow color.  His partially...

2A Does Not Apply

2A Does Not Apply

“Counselor, you make the argument that the Second Amendment applies here, but does it?  The Second Amendment only applies to law-abiding citizens.  You have offered me no proof that your client is a law-abiding citizen.”     “Excuse me, your Honor?”     “You claim your client resides in Idaho, but you have offered no proof of that.  You claim your...

Missing Pigs Blog

Missing Pigs

The sun was blistering.  Sweat, mixed with dust, caked my forehead as gnats swarmed in a perpetual frenzy around my face.     It had been a long weekend.     A good weekend to be sure, but I was exhausted.     Carolyn and I had been hunting Tejon Ranch since Friday afternoon.  It was now Sunday, about one in the afternoon and...

Aloha e komo mai... Moron Hawaii

Aloha e komo mai… Moron

So… a bit of a review up to this point…     First, Congress is empowered to make laws. (At the state level, this job is given to state legislatures.) This is painfully obvious to anyone who has even the most basic of education on American Civics.  But there is a point to it that needs to be...

I'm Not A Lawyer... But I Did Stay At A Holiday Inn Express

I’m Not A Lawyer… But I Did Stay At A Holiday Inn Express

The consequences of training…     A couple of weeks ago I had a conversation with a fellow attorney.  He was telling me about an event that had occurred recently with another weapons trainer.     It was disturbing.     Evidently, they were running a simulation using sim rounds and had recreated a shooting I was actually involved in.     Many of you know the...

Pathologically Law Abiding Blog

Pathologically Law Abiding

The light from the window blinds cast stark shadows across my desk.  I glanced up at the top of my filing cabinets and briefly studied the bottles of whiskies, debating if it was late enough in the afternoon to pour a shot.     No, too early still.  I refocused and went back to studying the 74-page opinion...