Wednesday, June 30, 2004
The center for constitutional rights has won rasul,
one of the three due process for prisoners of war cases decided monday. I forget which case is which, legal theory and howappealing and scotusblog have coverage.
Eugene Volokh wrote, what if 50,000 prisoners of war file habeus suits, as part of an insurgency tactic?
I had a mental response, but didn't write it down.
Now will baude, head cres-cat, takes the idea further.
Before i respond to will, here's what i was thinking about the volokh bit.
They have, filed habeus or 1983 actions, and that's why we have the prisoners litigation reform act.
In the 1960s people, especially african males, launched wars of national liberation against oppressive colonial regimes. Rhodesia became zimbabwe, South Africa transferred power to the anc, in Kenya the Mau-Maus ran riot. Black Hawk Down documents somalian stuggle against clintonism.
In the US, it's a little more complicated. It's mostly a cold war, a running skirmish. The african-identified combatants are actually a hydrid mixed race, part european, scots-irish decendents of william wallace, rob roy, michael collins. part indian, still living tribally and messed up on firewater. part african nationalist warriors. of the 2 million americans in prison, about half are prisoners of war in the stuggle for national liberation against the neo-colonial oppressors. free huey. [boondocks link goes here.]
now, i live in the hood, where my neighbors call me 'crazy gay dude' and resent my gentrification tendencies. one block north is insurgent-held territory. new york avenue is the dmz. sometimes the cold war heats up.
now, this isn't a black v white thing. we get along fine with the black church on the corner for example. it's a class struggle between the ghetto, the insurgents, and people who identify with the mainstream culture but can't afford the yuppie condos downtown or a move to the suburbs.
the insurgents, and some caught in the crossfire, end up in and out of jail, a combination of behaviors, poverty, and oppression. the jails are to the insurgent culture what colleges are to the middle class - training grounds and networking. both for the mau-maus and their neonazi counterparts. american history X.
torture, violation of legal rights, is the norm in jail, so each inmate has substantive claims potentially redressable by habeus or 1983. most are functionally illiterate as to legal procedure. but there are jailhouse lawyers, and in forma pauperis proceedings, and writs.
so federal courts, already overburdened with drug cases, most insurgency-related, and ambulence-chasing torts, due to bad faith by insurance companies which won't pay valid claims, and frivolous nuisancesuits against anyone with deep pockets, hire clerks to routinely dismiss the mounds of pro se cases, some of which are meritorious.
whew. i'm gonna respond to will later. my former partner, rj tavel, at freedomlaw.com, is fond of an out-of-print book, 'one just man', a fictional account of what if everybody asked for a jury.
in indiana, we have jury nullification built into the state constitution. rj's a www.fija.org activist.
all for now. must plan day.
one of the three due process for prisoners of war cases decided monday. I forget which case is which, legal theory and howappealing and scotusblog have coverage.
Eugene Volokh wrote, what if 50,000 prisoners of war file habeus suits, as part of an insurgency tactic?
I had a mental response, but didn't write it down.
Now will baude, head cres-cat, takes the idea further.
Before i respond to will, here's what i was thinking about the volokh bit.
They have, filed habeus or 1983 actions, and that's why we have the prisoners litigation reform act.
In the 1960s people, especially african males, launched wars of national liberation against oppressive colonial regimes. Rhodesia became zimbabwe, South Africa transferred power to the anc, in Kenya the Mau-Maus ran riot. Black Hawk Down documents somalian stuggle against clintonism.
In the US, it's a little more complicated. It's mostly a cold war, a running skirmish. The african-identified combatants are actually a hydrid mixed race, part european, scots-irish decendents of william wallace, rob roy, michael collins. part indian, still living tribally and messed up on firewater. part african nationalist warriors. of the 2 million americans in prison, about half are prisoners of war in the stuggle for national liberation against the neo-colonial oppressors. free huey. [boondocks link goes here.]
now, i live in the hood, where my neighbors call me 'crazy gay dude' and resent my gentrification tendencies. one block north is insurgent-held territory. new york avenue is the dmz. sometimes the cold war heats up.
now, this isn't a black v white thing. we get along fine with the black church on the corner for example. it's a class struggle between the ghetto, the insurgents, and people who identify with the mainstream culture but can't afford the yuppie condos downtown or a move to the suburbs.
the insurgents, and some caught in the crossfire, end up in and out of jail, a combination of behaviors, poverty, and oppression. the jails are to the insurgent culture what colleges are to the middle class - training grounds and networking. both for the mau-maus and their neonazi counterparts. american history X.
torture, violation of legal rights, is the norm in jail, so each inmate has substantive claims potentially redressable by habeus or 1983. most are functionally illiterate as to legal procedure. but there are jailhouse lawyers, and in forma pauperis proceedings, and writs.
so federal courts, already overburdened with drug cases, most insurgency-related, and ambulence-chasing torts, due to bad faith by insurance companies which won't pay valid claims, and frivolous nuisancesuits against anyone with deep pockets, hire clerks to routinely dismiss the mounds of pro se cases, some of which are meritorious.
whew. i'm gonna respond to will later. my former partner, rj tavel, at freedomlaw.com, is fond of an out-of-print book, 'one just man', a fictional account of what if everybody asked for a jury.
in indiana, we have jury nullification built into the state constitution. rj's a www.fija.org activist.
all for now. must plan day.
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