Wednesday, July 27, 2016

Let's Talk Politics

So, the 4th Circuit maintains that this election is non-partisan in name only.

Okay, let's talk politics -- As of Monday, August 1st, I'll be taking one to two questions per week from ISideWith.com, and posting my position on the answer I would choose. I will happily answer (and prioritize) any questions that you want to ask.

Question for the week of 8/1:

- Do you support Common Core standards?



This Is Why People Get Frustrated With 'The System'

So, some of you have noticed that I haven't been posting recently, and I'll address that after the jump.

First, though -- I am trained to work within the bounds of 'The System'. Heck, I'm decent at navigating bureaucracy. But this is getting ridiculous! Are we in Wake County going to end up in the Supreme Court, or are we simply not going to have elections?


Wednesday, July 6, 2016

Did the 4th Circuit Decide Wrongly in This Case? (Part III-D, Part IV, Part V, & Concluding Notes and Your Opinions)

Did the 4th Circuit Wrongly Decide Raleigh Wake Citizens Association?

If you have no legal experience… perfect! This is a great “getting your feet wet” case for reading legal decisions! This post series will analyze the recent ruling by the 4th Circuit section by section. For those who are not experienced reading a legal decision:

-I have tried to keep the legal jargon to a minimum.
-Where possible, you’ll see bulleted lists like this one. 
-For this post series, I’ll also critique the majority opinion as necessary


Did the 4th Circuit Decide Wrongly in This Case? (Part III-C)

Did the 4th Circuit Wrongly Decide Raleigh Wake Citizens Association?

If you have no legal experience… perfect! This is a great “getting your feet wet” case for reading legal decisions! This post will analyze the recent ruling by the 4th Circuit section by section, while referencing the dissent as well as the majority opinion. For those who are not experienced reading a legal decision:

-I have prefaced my analysis with a brief explanation of each section of the decision and why it’s important
-I have opted to use simple page numbers as citations, rather than proper legal format
-I have tried to keep the legal jargon to a minimum.
-And, where possible, you’ll see bulleted lists like this one. 
-For this post series, I’ll also critique the majority opinion as necessary


Did the 4th Circuit Decide Wrongly In This Case? (Part III-A and III-B)

Did the 4th Circuit Wrongly Decide Raleigh Wake Citizens Association?

If you have no legal experience… perfect! This is a great “getting your feet wet” case for reading legal decisions! This post series will analyze the recent ruling by the 4th Circuit section by section, while referencing the dissent as well as the majority opinion. For those who are not experienced reading a legal decision:

-I have prefaced my analysis with a brief explanation of each section of the decision and why it’s important
-I have opted to use simple page numbers as citations, rather than proper legal format
-I have tried to keep the legal jargon to a minimum.
-And, where possible, you’ll see bulleted lists like this one. 
-For this post series, I’ll also critique the majority opinion as necessary

Did the 4th Circuit Wrongly Decide in This Case? (Table of Contents for Part III)

Did the 4th Circuit Wrongly Decide Raleigh Wake Citizens Association?

If you have no legal experience… perfect! This is a great “getting your feet wet” case for reading legal decisions! This post series will analyze the recent ruling by the 4th Circuit section by section, while referencing the dissent as well as the majority opinion. For those who are not experienced reading a legal decision:

-I have prefaced my analysis with a brief explanation of each section of the decision and why it’s important
-I have opted to use simple page numbers as citations, rather than proper legal format
-I have tried to keep the legal jargon to a minimum.
-And, where possible, you’ll see bulleted lists like this one. 
-For these posts, I’ll also critique the majority opinion as necessary



Part III – Analysis
This is the heart of the case, where the court explains its legal reasoning. I’m not going to detail everything in this Part of the opinion, because affirming a lower court is essentially the appellate court saying “They got this right / didn’t get it wrong, so we’re not changing anything.” It’s the time-consuming part of following a legal opinion, as you’ll see after the jump. Keep reading, though – this is also the fun part!


Tuesday, July 5, 2016

Did the 4th Circuit Wrongly Decide In This Case? (Summary, Fact Statement, and Standard of Review)

Did the 4th Circuit Wrongly Decide Raleigh Wake Citizens Association?

If you have no legal experience… perfect! This is a great “getting your feet wet” case for reading legal decisions! This post will analyze the recent ruling by the United States Court of Appeals for the 4th Circuit section by section, while referencing the dissent as well as the majority opinion. For those who are not experienced reading a legal decision:

-I have prefaced my analysis with a brief explanation of each section of the decision and why it’s important
-I have opted to use simple page numbers as citations, rather than proper legal format
-I have tried to keep the legal jargon to a minimum.
-And, where possible, you’ll see bulleted lists like this one.  

KEY ISSUE TO KNOW BEFORE CONTINUING
-The key issue in this case is apportionment and population deviation. High variance between the population of the smallest district and largest district (The Maximum Population Deviation) is not ideal.

-10% variance in Maximum Population Deviation is a key number, and the recently redrawn Wake County districts are under 10% MPD.

Sunday, July 3, 2016

Upcoming Guide to the 4th Circuit decision

Government Lab will have a guide to the recent decision, including the facts and reasoning, posted this week.

I may not be able to consider myself a politician currently, but I can still explain legal reasoning in non-legal terms. I'll keep you posted!

Friday, July 1, 2016

Presented Without Comment

Lawyers break everything, including elections.

"It's unclear when the next school board election will be held and what maps will be used in lieu of the ones  now declared unconstitutional"

Read T. Keung Hui's article on this situation, read the opinion here, and keep your fingers crossed!