That is an expensive habit!

Americans are now spending in excess of $1,000,000,000 (thats right BILLION) to imprison people on marijuana charges.

Here is the story.

For those to lazy to click a link, below you will find some excerpts:

American taxpayers are now spending more than a billion dollars per year to incarcerate its citizens for pot. That's according to statistics recently released by the U.S. Department of Justice's Bureau of Justice Statistics.

According to the new BJS report, "Drug Use and Dependence, State and Federal Prisoners, 2004," 12.7 percent of state inmates and 12.4 percent of federal inmates incarcerated for drug violations are serving time for marijuana offenses. Combining these percentages with separate U.S. Department of Justice statistics on the total number of state and federal drug prisoners suggests that there are now about 33,655 state inmates and 10,785 federal inmates behind bars for marijuana offenses. The report failed to include estimates on the percentage of inmates incarcerated in county and/or local jails for pot-related offenses.

Multiplying these totals by U.S. DOJ prison expenditure data reveals that taxpayers are spending more than $1 billion annually to imprison pot offenders.

This begs the question - Is it time for our society to re-evaluate its stance on possession of marijuana that falls short of the quantity needed for an "intent to distribute" charge?

I believe it is. If you look around the world at the current state of the law on this matter you will see that in the last ten to fifteen years, almost all of the major industrialized nations have moved away from the harsh penalties for personal marijuana use and possession. The reason? The people that are locked up with those quantities do not pose a serious risk to society (at least not on account of that), and beyond the $1 billion dollars we are spending annually, we also put valuable and productive members of our society in jail for negligible offenses.

People want to make some slippery slope argument that you can't legalize pot because its a "gateway drug" and if you allow people to use it, it will only lead to more drug use, and harder drug use. My question is, how is alcohol any different? The "intoxication" people derive from alcohol is addictive, they become dependent. It destroys families, lives, and communities. How do we draw a line and say "you are an adult, and a citizen of this country. You are free to make your own decisions, both good and bad."? Easy! We make you wait until you're 21 years old, and we regulate the HELL out of the distribution of alcohol. Another positive side effect in this scenario? The government brings in significant tax revenue from the sale of alcohol.

So? Let the government finally come out in the open and tell us what we have known all along: The only reason that pot is illegal is because the cotton lobby was afraid of hemp 140 years ago, and convinced (paid?) the legislature to make sure that the cheaper, more durable, lighter weight hemp wasn't available.

Make it illegal to "smoke and drive" just like it is to "drink and drive". Make it illegal to posses with the intent to distribute, but make that a violation of the tax code, because the government should be the sole provider (unless it licenses individuals). You save money in the criminal realm (less police work, less court cases, less prison time), and you make money on the other end (taxes).

Remember, this doesn't mean you have to smoke pot. It doesn't mean that everywhere you go people will be smoking pot. You don't have to drink alcohol. I bet you don't find that everywhere you turn you see people getting drunk.

Live your life by your own standards, but we have an opportunity in this country to make a bottom-line, dollars-and-cents, cost-benefit decisions that can make a significant difference on our burdened courts, prisons, and economy.

Now that I sound like a huge liberal and pot-head, I'm going to go find something really pro-gun to write about before people assume to much about me.

Stay Tuned...

By the way, my favorite quote from Reefer Madness:

Jesus: "Jimmy. Take a hit of God instead, you think you can handle the high? Eh eh eh."

Public International Law: The Law of Nations in American Law

First a note from the author:

Here's the "long and short of it" so that this might make some sense...

I've been reading a series of about a dozen cases that illustrate how international law is interpreted and enacted in American courts. There are two basic sources of this law, the first is your "formal" or "traditional" international law, which is derived from Treaties and each country literally signs it (which is how a sovereign nation can be bound by international law - their signature is their "assent").

The second is "informal" or "non-traditional" international law. This article is meant only to discuss how American Courts have generally integrated "informal" or "non-traditional" international legal standards into American law. These are the "non-consensual" sources of law, because the states don't specifically put their signature on a document agreeing to this legal standard. The so-called "non-traditional international legal norms" are derived from such sources as: (1) Customary International Law [how do states generally act towards each other, and how has America acted in the past], (2) General Principles of law [Lawyer-Client Privilege is a universally accepted necessity], and (3) jus cogens [or a "compelling norm" - something that every reasonable human being should be able to agree is good or bad. Piracy is the only example that comes to mind].

Now onto the good stuff (if you're into drab and dull analysis of 200 year old pre-constitutional judicial decisions...)

Thoughts on Respublica v. De Longchamps:

The one overwhelming problem I have with this case is that I find it generally failed to explain why extradition was not proper. This might be more for my lack of understanding of the laws of extradition but it occurs to me that if the court is going to hold that the Verbal Assault took place on “French territory” because it was the ministers official residence, then for all intents and purposes the crime too place in France. Is it not generally accepted that in cases such as this, where the crime occurred on foreign soil, that the criminal be extradited back to the country who sustained the injury? It seems to be that would have been proper.

What would not have been proper, and the court handled well, would be to allow the crown of France to determine the length of the sentence for De Longchamp. That would (as the note after the case asked) result in a ceding of a serious amount of our “early judiciary” sovereignty (at a time when it was critical to the development of the United States that we assert our sovereign power).

For more information see Respublica v. De Longchamps, 1 U.S. (1 Dall.) 111 (1784).

Thoughts on United States v. Alvarez-Machain:

I was entirely shocked that the majority was able to justify brushing aside international customary law, and (what would seem to be) common sense and validate the FEDERAL GOVERNMENT taking such actions. This appears (as the dissent properly articulates) to be a major violation of the sovereign rights of Mexico. One of the keystones of American sovereign authority should be that a foreign government couldn’t enter American soil (in an official capacity none the less) and go about the business of kidnapping an American citizen in order to try then in foreign courts.

That is behavior that our government would never condone, and I think that the majority decision in this case ran contrary to the public interest of this country. It’s a door that we have no business opening. The quotes on vengeance, and the pressure to get retribution really capture the importance of upholding our law, and the law of nations in trying times. The one thing I’m not sure of is where the murder took place. It was unclear from the facts whether the crime for which Alvarez-Machain was kidnapped was in the U.S. or not.

For more information see United States v. Alvarez-Machain, 504 U.S. 655 (1992).

The “Political Question Doctrine”:

The first two potions of the test are pretty clear judicial cannons – if this is a question for the legislature to determine, the courts are generally adverse to “legislating from the bench” and would prefer only to deal with matters that have law to be analyzed. Similarly they defer to the Executive branch when appropriate (as they did in the series of cases in part A of this chapter that questioned the Presidents power). The third prong however struck me as odd:

(iii) Do prudential considerations counsel against judicial intervention?

That is a mighty open ended “out” that Justice Powell left the courts. When is this appropriate? Only in foreign matters? What about domestic issues that carry particularly important political implications. Should the Supreme Court have refused to address the 2000 Presidential Election controversy? What about such things as gay-marriage? Is it best to leave that to the legislature and get involved only when asked if specific legislation or executive action is contrary to a constitutional right? I don’t have answers to these questions, but as I read this material, I found it surprising that the court would have such a dramatically undefined “escape pod” for hot button issues.

For more information on this matter, see the source in Goldwater v. Carter, 444 U.S. 996 (1979) (Powell, J., concurring).


Stay Tuned...


Source

The Legal Scoop

I have begun writing for a new blog The Legal Scoop which was started by one of my closest child-hood friends, Scott Felsenthal. He is a 2L in Nashville, and we are going to post general thoughts on the current state of the law, from a students perspective.

It may be interesting.

It may be lame.

Time will tell.

I would encourage you to check it out, and if there is some field of law you have an opinion you'd like to share with the world, let me know and I can try to set up a forum for you to voice your thoughts.

This is a great way to practice writing a coherent legal argument, for those of you who (like me) could still use all the practice we can get.

I look forward to working with him, and I hope you all get a chance to check it out.

Stay Tuned...

Late Night Pre-NSD thoughts on Alabama's class.

We're going to sign 9 of the top 15 players in Alabama which is huge, we OWNED Auburn this year...

Two big prospects (both Def. Lineman from Hoover HS) committed to us today.

One was a former Auburn commit who flipped, which is always fun to throw in their face.

LSU has been our biggest competitor, since Saban went after the Louisiana Kids HARDCORE.

There is a kid named Joe McKnight (remember that name - think REGGIE BUSH, the kid is a FREAK) who is deciding between USC, LSU, Ole Piss, and Bama tomorrow - its a long shot for us, but the kid has been friends with the Saban family for like 5 years, and says playing for Saban is important to him - he is the #2 ranked player in the country, and the #1 ranked Running Back. He is just electric.

Thats the biggest name on our board at this point.

Then a Rivals100 Wide Receiver form Mobile named Brandon Gibson is picking between us and Auburn tomorrow - it looks good for us on that front.

Also important to pick-up tomorrow would be:

- Michael Ricks (Juco - committed to Tide out of HS too)
- Marques Maze (WR out of B'ham 3*)
- Kourntei Brown (4* DL out of Carolina's - he was a Bama commit, but his stock shot up and he became a hometown hero for staying and signing with Clemson tomorrow I think)
- A potential "shocker" that is being said to be "off everyone's radar" but its still a "fluid" situation
- Nick Fairley (OL/DL from Mobile - probably go to Auburn)
- Pat Lezar (LB from Maryland - lots of off the field issues, not sure if he has a Bama offer, but is a stud LB)

Were going to sign roughly 25 kids, which means a few of guys from last years team wont be back (wont have their scholarships renewed)

Right now we have 0 5-star recruits, 8 4-star recruits, 10 3-star recruits, and 2 2-star kids...not a bad class. we used to celebrate getting 3 stars, so, its a big deal that we've gotten to this point so fast.

These are just my late-night bites of information. I will certainly do a full workup on the class tomorrow!

ROLL TIDE ROLL!

Stay Tuned...


* Please note - these are my own opinions, not those of Rivals.com (though Rivals is my primary source of information for anything college sports and I recommend it to any serious fan). The logo is used in an attempt to give credit where credit is due, but not to imply that this information comes from Rivals.com.

Does the NFL hate America?

Gathering all your friends together to eat, drink, and watch the Super Bowl is as American as...well, as apple pie.

Did you know you're in direct violation of the NFL Copyrights, and subject to civil prosecution?

Thats right - one of our most beloved and time-honored traditions is just another case of American's stealing from the corporate realm.

How do you sleep at night, knowing that Paul Tagliabue is starving?

Here is the article, if you're interested:

Indy Star link

Here are some exerpts, if you're too lazy to click the link and read it yourself -

NFL spokesman Greg Aiello said Thursday the league stands by its interpretation of copyright law and would look into any violators that comes to the league’s attention.

Aiello said the league has a longstanding policy against “mass out-of-home viewings” of the Super Bowl, even if the hosts don’t charge admission.

So, there you have it - the NFL hates America.

Go Bears!

Stay Tuned...

I hate United Airlines

Let me tell you why -

So I use Student Universe when I book airfare. If you don't know about it, its amazing. If you have a student email address (even if you're an alumni) you can get really cheap airfare. With only two weeks notice I got round-trip tickets to NYC from Knoxville for $240. That is pretty solid.

Unfortunately I had to book it on United Airlines. I was supposed to fly out of Knoxville into D.C. (Dulles), then D.C. to Laguardia in NYC. I was leaving Thursday night at 7:22 and would be in NYC by 10:47. Not a bad gig really.

I checked-in online during class that day, because I was bored in class and thats what I do. I showed up at the airport about 50 minutes before my flight, ready to go. I couldn't print my boarding pass at home because I had no ink in my printer (of course) and I went to the counter to get a copy of my boarding pass. When I went to the E-Ticket check-in terminal, I was instructed to "proceed to the U.S. Airways ticket counter"...

What?

U.S. Airways?

For a minute I was afraid I was an idiot, that I was flying U.S. Air the whole time and I just wasn't paying attention...

I checked with the guy at the desk, and without hesitation (or explanation) he sends me to the U.S. Airways counter. I might add that, while the Knoxville airport isn't very large, United is at one end, and U.S. Airways at the other - So I get to carry my bags all the way across the lobby of the airport.

Let that be the worst of it!

When I get the U.S. Airways counter, someone finally gives me an explanation. The flight to D.C. is delayed to the point that I wouldn't make the NYC Connection. As a result, United has booked me to Charlotte with U.S. Airways, which will then get me to NYC only 45 minutes later than it was originally going to happen.

Whatever, not too bad. I got there, the weekend was great. Monday it was time to go...This is where things got messy.

I admit, the weather in the Midwest and Northeast wasn't so hot that day...

I get to Laguardia to checkin for my flight, and I get in the E-Ticket line again. I wait. I wait. 30 minutes later I get to the front, the woman directs me to a machine which promptly tells me to see an agent. I'm irritated, but I figure that there must be an agent ready to help me with such a problem...

Not so much - Back of the line...

You're kidding right? The woman was a bitch about it too. The two women in front of me had the same thing happen, they responded by calling United Airlines and talking to a manager. They got free tickets. I didn't feel like dealing with it. I figure its not big deal, I got to the airport like 100 minutes before my flight, I've got lots of time.

Aside: It is almost impossible to believe, but as I am standing in the second line, I hear "JMay?" and turn around to find Jenney Springer walking into Laguardia. I didn't know she was up in NYC, and she didn't know I was either.

So, my flight is supposed to be to D.C., then to Knoxville. Again the flight to DC is so delayed that I can't make my connection in D.C. - the only connection of the day, thus, I'd be stranded in D.C. - so they panic. This is the first flight I didn't get on...

Jenney was flying to Chicago O'Hare, then connecting to Knoxville. I suggest to the woman that maybe I can do that? Sure! We can make that work, there is a 2 o'clock...no, its full. There is a 3 o'clock...no, its full. Wait! I can get you on the 4 o'clock, you'll get into Chicago with 38 minutes to spare before your connection. Not ideal, but I take it. They put me on standby for the 2 o'clock flight. I have 10 minutes to clear security and be at the gate to be eligible for standby (so the woman says).

I run through Laguardia, hustle through security, and run to gate C 12. I find out when I get there that it doesn't matter, I was on the list, and only had to be there 15 minutes before take off. I catch my breath and wait. And wait. And wait. I didn't get on the flight. This is the second flight I didn't get on...My bags, if your curious, did make this flight.

I ask the guy at the counter, how do I make sure I'm on the standby list for the 3 o'clock? Just go down to C 10 and when the desk agent arrives, they can take care of it. I thought that he was telling me the desk agent would put me on the standby list. What he was really doing was telling me he didn't feel like dealing with my question, and that the next desk person would. I stood (literally stood) at the desk for 32 minutes before someone showed up at the desk, only to be told that I was automatically rolled to that list, and didn't need to wait to talk to her. I have 40 minutes until the flight leaves, and I have to be there 15 minutes before the doors close to see if I get on. I run out of the airport to smoke a cigarette as quickly as I can. I run down to the food court to get a bite to eat (fast-food Chinese...mmmmmm) and then run back through security.

I get back to the gate about 18 minutes before the door closes, and they are starting to re-assign seats. I listen as the call the people around me up for tickets. I listen as they call almost EVERYONE around me. As it turns out (of course) I was the first person on the list NOT to get a ticket, aka, I was next. This is the third flight I didn't get on...

Now its on to the 4 o'clock, but at least my flight is guaranteed. 38 minutes won't be much time to cross O'Hare (a very large airport), but I'll get it done. Then the flight status updates. Its going to be 10 minutes late leaving...Oh shit. Well, 28 minutes won't be much time to cross O'Hare, but I'll get it done. Then the flight updates again...90 minutes late leaving. FUCK!!!!! Are you kidding? Is this a joke? Am I on TV? This is the fourth flight I didn't get on...

I call United Airlines from the terminal, and tell them that they MUST get me to Knoxville. I add (after a second to ponder who I'm dealing with) that It needs to be TODAY. After sitting on hold for almost 25 minutes, the nice Indian man tells me that he has a seat for me on U.S. Airways. NO SHIT, all four flights I was supposed to be on were United, and as it turns out, all 4 flights I took were U.S. Airways. (THIS IS WHY I FLY DELTA). I have 1 hour to change terminals. If you've ever had a chance to go from the United terminal to the U.S. Airways terminal at LGA you know they are in separate buildings, about two city blocks from each other. I walked. It was cold, rainy, and I had no choice.

Once I reached the U.S. Airways desk, the woman spent about 10 minutes cursing the folks at United for "sending this crap over here without taking time to clean up the record, I don't know where you're even going!" So after a few more minutes of her silent, passive aggressive typing she says, Okay, you're all set, your flight leaves in 40 minutes, and you'll have 30 minutes to change terminals in Charlotte.

So I head to the security checkpoint, they ask for the boarding pass and ID, as always. "I'm sorry sir, this is not your ticket" WHAT?!? Sure enough, this ticket is for May, Jessica Rose. I don't know anyone by that name. I immediatly storm back to the U.S. Airways counter and insist they put MY NAME on MY BOARDING PASS. 15 minutes later I'm back on my way through security. Now, because I've changed airlines, my ticket looks like a one-way ticket out of NYC. I don't know if you know this, but a one-way ticket into or out of NYC will get you the SSSS tag on your boarding pass. That means Super Special Security Screening I think...You get to take off your shoes and belt, and they swab you for TNT, and pat you down, and scan your shoes and such...very exciting, and again something I didn't have time for. I finally get through security, grab a drink as fast as I can, and its onto the plane. This is the fifth flight I am supposed to get on, and at last, I take off from Laguardia, 3 hours later than planned.

It took about 20 minutes longer than it was supposed to take for us to get off the ground, and no joke, i was in the VERY LAST SEAT on the plane. Back right corner. There is NO FURTHER I COULD BE from the door. We landed in Charlotte and I had 17 minutes to move from the end of the C terminal to the end of the E terminal. I had a 24.5 lb. backpack in haul (I know because in my boredom at the ticket counter, I weighed everything I could get my hands on). I made it with 3 minutes to spare. As I ran up to the gate, they were in the process of re-assigning our seats to standby patrons. I made it though, and my flight took off, and a mere 41 minutes later I was in Knoxville.

My bags however, were in Chicago with Jenney Springer (not actually with her, but, supposed to be on her flight). That flight didn't leave Chicago that night. I guess I'm glad I didn't get on standby on the other flights, I got home almost 15 hours sooner than Jenney, and only 4 hours later than planned. Thank god U.S. Airways was there to clean up United's mess.

My bags didn't arrive for 2.5 days - by the way.

Stay Tuned...

This is priceless -

So, the Miami Dolphins need a head coach right?

How about Mike Shula!

This would be the perfect ending to this story...

Mike Shula enters the Dolphins coaching hunt

BY ARMANDO SALGUERO

asalguero@MiamiHerald.com

The Dolphins' search for a coach may be making a bold and nostalgic reach toward the past with the team interviewing Mike Shula, son of Don Shula, over the weekend.

Shula spent Saturday talking with Dolphins owner Wayne Huizenga and his staff about the possibility of succeeding Nick Saban.

Ironically, Saban left the Dolphins to become coach at Alabama after Shula was fired by the Crimson Tide.

The idea of bringing Shula back to the franchise has been kept under wraps because the team wanted to gauge if he was indeed a legitimate candidate for the job. Having had two interviews, he apparently is.

The Dolphins have also interviewed Jim Mora and Chan Gailey twice.

People familiar with the search told The Miami Herald today that no decision has been made on a coach and no offer has been made.

Shula posted a 26-23 record during four seasons at Alabama, taking the team to a bowl each of his final three seasons. He spent three seasons as the offensive coordinator with the Tampa Bay Buccaneers from 1996-99.

Shula, 41, grew up around the Dolphins. He was a ball boy during his youth and returned later to serve as an assistant coach under his father before heading briefly to the Chicago Bears as an assistant.

Shula is close friends with Dolphins president Bryan Wiedmeier.

Reaching out to Shula might be a good move for the Dolphins as the franchise is seeking someone with head coaching experience but also someone who will invigorate the fan base after five seasons without a playoff appearance.

The Shula name remains the standard by which coaching excellence is measured. Don Shula won 347 games during his career, the most by any NFL coach.

Some reaction from the message boards?

• ...and people said we (alabama) were desperate.
• classic
• I wish Shula the best of luck...
• MAN how ironic would that be?????? I do wish CMS luck though.
• I am speechless. Actually I am not but I am too busy laughing my ASS off. RTR
• He was horrible at Bama, may be as good as mediocre in the pro's where the players need an organizer and not necessarily a motivator.
• prob just Wayne H giving daddy Don some respect..."give my boy a look"
• But, MS does have something that other coaches don't have...... The ability to let the players tell him what to do which is what players do in the NFL. ;-)

I do wish CMS the best. But I hope his father broke his hip today when Jeremy Clark from Alabama chased down Idaho State's Matt Gutierrez for what would have been a sack. Gutierrez stumbled out of bounds and knocked Don Shula to the turf. This was during the Shrine Bowl practice. How fitting huh?

Stay Tuned...