4th Amend. Violations in Mich. re cell phones?

Allegations of practices by Mich. State Police which may violate the Fourth Amend.
Allegedly, police are "searching" (scanning) the cell phones of persons during traffic stops.
Stay tuned!

Taser Manuf. settles its first case.

For the first time in history, Taser International has settled a lawsuit out of court.
They paid $2.8 million to a man who suffered brain damage. Taser has never lost a case in court. For better or for worse, this settlement will encourage more litigation over the Taser.

Mass. Rejects 2nd Amend. Challenge

Until the Supreme Court specifies a standard of review and clarifies other issues for Second Amendment challenges, lower courts will be pretty much in the dark in Second Amendment cases. This challenge did not succeed. The Court held that he should have applied for a Firearms Identification Card (FID) or license before challenging the law.

Latest update on concealed carry on Texas campuses

Still stalled one vote shy of coming up for full vote in TX Senate. As I wrote earlier, it's not looking good for Wentworth's bill. Stay tuned.

2nd Amend. Day Created in Okla.

Oklahoma is the first state to create a Second Amendment Day. We should always celebrate increasing our liberty in an age when many rights seem to be moving in the opposite direction. As one wag once said "civil liberties are so pre-9/11."

Latest on concealed carry on Texas college campuses

Doesn't look good. Session could end without a vote by the full Senate. Looks even grimmer in the House.

Back to where I belong

As the founder of Las Pinas City Bar Assn Inc. (LPBA), as a 2005-07 vice pres of IBP PPLM Ch. (southern Metro Manila district), and as a retired FEU law professor (1985-2006), I have resumed and re-focused my active law practice back to Las Pinas City and Metro Manila as a whole after a year of unproductive experimental law practice in Tacloban City in the Eastern Visayas Region (where I re-married last year). I thank the local bar leaders of Las Pinas City and other cities in the southern district of Metro Manila for welcoming me back.

Execution drug shortage, states switching to other drugs

Another death penalty controversy.

How best to contact/consult me

To my readers.



I do not give free legal advice via the individual comments sections at the end of each posting in this law blog.



For legal queries (please do not make them too long to be too time consuming to read and to answer), just email mjlasernajr@gmail.com and cc: mjlasernajr@yahoo.com for backup.


I’ll try to reply to queries as soon as I can, depending on my workload (trials, research, pleadings, meetings, law conferences, bar matters, etc.) and my health condition.



I don’t answer legal queries via SMS text messaging, whether local or abroad.



All legal queries must be via email.



I wish to preserve the privacy of the writer and the legal issues/topics.



For legal queries made thru my two (2) cellular phones (see the Profile part of this law blog for the contact numbers), please limit the timing thereof between 3 and 6 PM, Manila time (which is the time reserved for clients seeking meetings and consultations); otherwise, I normally will not have the time to answer such calls.



Thanks.







Atty. Manuel J. Laserna Jr.

Las Pinas City

Taser use cost county 1.9 million

Actually insurance will pick up 900 G's--the county ONLY has to pay a million for this officer's violation of department policy. One key piece of evidence was a video from a camera mounted on the Taser. The guiltiest officer remains with the dept. and was not disciplined. I guess he'll pick up the nickname "million dollar man." However, this incident and the lack of discipline are no laughing matter!

Taser not cause of suspect's death

Too often, when a person who is Tasered dies, it is assumed that the Taser was the cause of death. Causation of death is not always a simple issue. Here a 40 year old who was Tasered was found to have died of a heart condition, not the Tasering.

Supreme Court rejects expedited review of Obamacare

The U.S. Supreme Court refused to take the Obamacare challenges for an expedited review. The cases will have to continue through the U.S. Courts of Appeals. Personally, I think an issue of this magnitude should be decided ASAP. How much money will be spent over the next year or two on a program that may be unconstitutional? Probably the earliest they could decide the case would be Summer 2012.

Pictures of Texas fires

As most of you already know, West Texas and Texas in general have been plagued by fires. Some of the best pictures are here. Marfa, Fort Davis and the Observatory are about 25-40 miles from Alpine, the home of SRSU. No fires got close to Alpine.

New Pro-Second Amendment Organization.

Check out this new Second Amendment rights organization. Don't know anything about it, but the more organizations we have watching out for civil liberties,the better off we all will be.

Next U.S. Supreme Court decision on 2nd Amend?

Those who would limit Second Amendment rights argue that the Amendment does not apply outside the home. I strenuously disagree. If the Supreme Court takes this case, (grants this petition for a writ of certiorari) they may decide this issue.

Second Amendment protects stun guns?

A Michigan court recently held that the Second Amendment protects stun guns. Given that the essence of the Second Amendment is a right to keep and bear arms for defensive purposes. This makes sense to me.

Law and Development Perspective on International Trade Law

There is an interesting new book out on Law and Development Perspective on International Trade Law (Cambridge University Press)

Edited by: Yong-Shik Lee, The Law and Development Institute, Sydney
Edited by: Gary Horlick, Georgetown University Law Center
Edited by: Won-Mog Choi, Ewha Womans University School of Law, Seoul
Edited by: Tomer Broude, Hebrew University of Jerusalem

BOOK ABSTRACT: Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.

Contributors: Yong-Shik Lee, Tomer Broude, Bryan Mercurio, Maureen Irish, Faizel Ismail, Gary Horlick, Katherine Fennell, Andrew Mitchell, Joanne Wallis, Moche Hirsch, Mitsuo Matsushita, Anthony Cassimatis, Colin Picker, Caf Dowlah, Young-Ok Kim, Hye Seong Mun, Xiaojie Lu

MMDA Memorandum Circular No. 9, Series of 2010 - Towing and Impounding of Vehicles; Fees.

MMDA Memorandum Circular No. 9, Series of 2010 | Official Gazette of the Republic of the Philippines

REPUBLIKA NG PILIPINAS
TANGGAPAN NG PANGULO
Pangasiwaan sa Pagpapaunlad ng Kalakhang Maynila
(Metropolitan Manila Development Authority)

MEMORANDUM CIRCULAR NO. 9
Series of 2010
Additional guidelines on towing and impounding operations in Metropoitan Manila.

Pursuant to Section 12 of the “Guidelines on Towing and Impounding Operations in Metro Manila” which the Metro Manila Council adopted and approved August 29, 2002, through MMDA Resolution No. 02-33 (as amended by MMDA Resolution No. 02-52) the following additional guidelines are hereby issued.

Section 1. Coverage. All towing companies operating in Metropolitan Manila must apply for accreditation with the Metropolitan Manila Development Authority. Towing trucks or vehicles shall include privately or government owned towing vehicles, with or without public franchises, and those owned/accredited by motor vehicle repair shop, business establishments, transport groups, public utility companies, and private automobile clubs.

Accredited towing companies shall strictly adhere to existing laws and guidelines as mandated in MMDA ORDINANCE NO. 78-03 (as amended by Ordinance No. 03, Series of 1992 (No. 78-03-A), MMDA Regulation No. 96-003, series of 1996, MMDA Regulation No. 03-001. Series of 2003), the guidelines contained in MMDA Resolution No. 02-33 (as amended by MMDA Resolution No. 02-52), and those which are contained in this Memorandum Circular.

Section 2. Standard Color. MMDA Accredited Tow trucks shall have the standard color of “white with blue hood”. The MMDA Accreditation Number, LTO plate number, and the phrase “For complaint, suggestions and inquiries, call MMDA Hotline 136” shall be permanently painted on both sides, front and back bumpers of the tow truck. An authenticated copy of the valid Accreditation Certificates issued by the MMDA shall be kept in the towing vehicles and must be presented whenever required.

Section 3. Impounding Areas. All applicants for accreditation of tow trucks or vehicles shall establish their MMDA approved impounding areas. Otherwise, all impounded vehicles towed by MMDA accredited companies shall be impounded only at the ULTRA Impounding Area.

Impounding areas to be set up by MMDA accredited companies shall be approved by the MMDA prior to its use and the same must be properly insured and have an efficient system to ensure the safety of the towed vehicles. MMDA shall have the authority to conduct inspection of the impounding areas.

Section 4. Towing fees and time of payment. In accordance with the ORDINANCE NO. 78-03, as amended by Ordinance No. 03, Series of 1992 (No. 78-03-A), MMDA Regulation No. 96-003, series of 1996, MMDA Regulation No. 03-001. Series of 2003): the following fees shall be applied:

a) Any operator of public utility motor vehicle or owners of private motor vehicle or owners of private motor vehicle, whether natural or juridical, which shall stall on any public road, street or thoroughfare within Metropolitan Manila shall pay a fine of Two Hundred (P200.00) Pesos. In addition thereto, a standard towing fee shall be collected by both government and private entities subject to the following rates:
TYPE/LOAD OF VEHICLE TOWING FEE
Trucks having gross capacity weight of 4,000 kilos and above P1,200.00 for the first four kms. and P200.00 for every succeeding km. (pt. of reference: impounding area
Cars, jeeps and pick-ups having gross capacity weight of less than 4,000 kilos P800.00 for the first four kms. and P200.00 for every succeeding km. (pt. of reference: impounding area)

b) Any driver who shall illegally park his motor vehicle on any public road, street or thoroughfare in Metro Manila, shall pay a fine of FIVE HUNDRED (P500.00) PESOS. In addition thereto, a standard towing fee shall be collected by both government and private entities subject to the following rates:
Trucks having gross capacity weight of 4,000 kilos and above P1,400.00 for the first four kms. and P400.00 for every succeeding km. (pt. of reference: impounding area)
Cars, jeeps and pick-ups having gross capacity weight of less than 4,000 kilos P1,000.00 for the first four kms. and P400.00 for every succeeding km. (pt. of reference: impounding area)

c) Time of Payment. The fines and towing fees shall be paid within three (3) days from the date the vehicle was towed and impounded. Provided, however, that if the operator or owner of the vehicle fails to pay the fines and/or towing fees within the said period, an impounding fee of P80.00/day shall be imposed. Provided further, that if the vehicle is not redeemed by the operator or owner within a period of one (1) month from the date of apprehension, the same shall be sold at the public auction on the first Monday of the succeeding month. The proceeds of which shall be applied to the accumulated charges (fine, towing and impounding fees) and the excess, if any, shall be returned to the operator or owner.

Section 5. Transitory Provisions. The MMDA Traffic and Transport Management Office (TTMO) shall supervise all towing operations within Metropolitan Manila and shall ensure proper implementation of the guidelines. The TTMO shall immediately conduct the inventory and inspections of all impounding areas owned and/or accredited by the MMDA.

The MMDA TTMO shall likewise coordinate with all local government units of Metropolitan Manila to ensure proper implementation of towing regulations pursuant to MMDA Resolution No. 01-10, series of 2001, entitled “urging the Local Government Units of Metro Manila to Enact an Ordinance Prescribing Uniform Rules and Reglations on Towing and Impounding Operations”.

All currently accredited towing companies shall be given fifteen (15) days to comply with the foregoing requirements.

Section 6. Repealing Clause. All issuances inconsistent with the foregoing are hereby amended or revoked accordingly.

Section 7. Effectivity. This Memorandum Circular shall take effect immediately.


(Sgd.) ATTY. FRANCIS N. TOLENTINO

Chairman

November 19, 2010

Speech of President Aquino during the National Convention of the Prosecutor’s League of the Philippines, April 14, 2011

Speech of President Aquino during the National Convention of the Prosecutor’s League of the Philippines, April 14, 2011 | Official Gazette of the Republic of the Philippines

Speech of His Excellency Benigno S. Aquino III
President of the Philippines
During the 23rd National Convention of the Prosecutor’s League of the Philippines
[Delivered at KCC Mall, General Santos City, on April 14, 2011]

Sana po, kaninang umaga noong nag-a-almusal kayo, hindi po death threat ang inyong almusal. Alam niyo po, itong trabaho ninyong pagiging prosecutor, akala siguro ng iba, madali lang. Pero para sa isang taong pamilyar sa proseso ng batas, alam kong kaliwa’t kanan ang pagdikdik at pagsakal sa inyo ng mga pino-prosecute ninyo. Napakadaling bumigay sa kabi-kabilang tukso at sa pressure ng pagiging isang abogado, at mas lalo pa bilang mga prosecutor. Sa puntong ito ng mga propesyon ninyo, marahil napagtanto na ninyong ang pagbabagong inakala nating kaydaling makamit ay napaka-ilap pala.

Bawat isa po sa atin ay nabigyan ng kakayahan para baguhin ang mundo. May kaniya-kaniya po tayong pagkakataon—minsan, maging isang guro na magturo sa liblib na pamayanan; minsan, isang sundalong kailangang rumesponde kapag may sakuna. At minsan, ang maging isang prosecutor na madalas matambakan ng papeles sa mesa. Sa bawat pagkakataon na ito, ang inaasahan po sa atin ng taumbayang ating pinagsisilbihan ay ang manindigan at gawin ang tama. Ang tanging pakiusap lang naman nila ay pagbutihin natin, sa abot ng ating makakaya, ang ating tungkulin upang makamit ang tunay na hustisya.

Noong kumukuha kayo ng abogasya, marahil ay punong-puno kayo ng ideyalismo. Noong nanumpa kayo bilang abogado, walang-kinikilingang hustisya, katapatan sa bansa at katarungan sa kapwa-tao ang ipinangako ninyong ipatutupad. Bilang mga prosecutor, alam kong mulat kayo sa kakayahan ninyong mag-ambag para sa pagbabago. Patunay dito ang tumataas na conviction rate sa mga naisasampang kaso. Ang minana po nating dating 14 na porsyento lang noong Hulyo, agad nating napaangat sa pangunguna ni [Justice] Secretary De Lima sa 25 porsyento na sa loob lamang ng halos sampung buwan. Sagisag ito na ramdam ninyong mga prosecutor na seryoso tayo sa mga repormang ating itinutulak, at handa kayong sumabay sa pagpupursigi nating lumaganap ang hustisya at katotohanan. Alam kong marami sa inyo ang sumusunod sa inyong sinumpaang tungkulin, at nagpapasalamat po ako nang taos-puso dito. Huwag sana ninyong tularan ang iba na agad nababaligtad ang paninindigan oras na lapagan sila ng sako-sakong pera.

I have the mandate of the people because they placed their trust in me in the last election, but all of you should remember that this mandate extends to all of you as well. It is your responsibility, as much as it is mine, to do what the Filipino people expect of all of us. This is the bottom line of everything we are working for: that we do not misplace their trust.

This is why, as we go about fixing what needs to be fixed, our administration is making it a point to allow you to do your jobs to the fullest of your capacities. Hindi po kayo pinababayaan ng inyong gobyerno. In fact, we have increased the Department of Justice’s allotment for prosecution services by more than 260 million pesos in the General Appropriations Act of 2011.

We are also concerned about the dangers you face, especially when taking on high-profile cases. Your work is an important part of our anti-corruption campaign, and we cannot allow mere intimidation to stop us from doing our jobs. This is why, last February, the European Union-Philippine Justice Support Programme, together with the Department of Justice, conducted a Security Orientation, which was attended by fifty prosecutors from Region I, and we are hoping to conduct more of them in the coming months. Likewise, the DOJ, the PNP, and the PLP have signed a Memorandum of Agreement that will prioritize the firearms license applications of our prosecutors. And, may I add, since I am now the foremost prosecutor, if you need a so-so instructor, I am also willing to volunteer. Of course I can defer to my senior also in public service, Apo Rudy Fariñas, to be a better instructor. [Laughter]

We also realized that we need to take better care of our witnesses, as they are exposed to similar dangers. We have increased the budget of the Witness Protection Program by almost 80 percent, from around 84 million to 151 million pesos. This will allow us to protect a total of 640 witnesses and whistleblowers. We have likewise prioritized two bills in the 11th LEDAC that pertain to whistleblowers and witnesses: acts that will improve their protection and their benefits.

These projects and initiatives are meant to show you that the government considers your role integral in our reform agenda. From July 2010 to March 2011, the National Prosecution Service and the DOJ have reached 22 convictions in trafficking-in-person cases involving 23 traffickers. I hope that this good track record stays in the coming years. And because of that, we have been removed from the Tier 2 watchlist by the US government. We are now in the Tier 2 list. Thank you once again.

You have performed well in the past year with limited resources, and now that we have added resources, we hope that you can perform even better.

Alam naman po ninyong pinipilit nating linisin ang hanay ng mga prosecutor. Sabay nito, nananatiling bukas ang isipan ng pambansang gobyerno sa mga hinaing ng mga tapat nating prosecutor. Patuloy kaming kakayod upang mas magampanan pa ninyo nang maayos ang inyong mga trabaho—ang makamit ang hustisya nang walang kargang takot at pag-aalala sa seguridad ng bawat isa sa inyo.

Ito pong mga pagbabagong nasimulan na nating masilayan sa mga nagdaang buwan ay hindi resulta ng black magic o ng abra kadabra. Ginawa lamang po natin ang tama. Tinanggap natin ang mandato ng taumbayan, at isinumpa nating hindi na nila kakailanganing kumapit pa sa patalim at umasa sa katiwalian upang umunlad. Nandito tayo upang maipanumbalik ang Pilipinas sa isang kalagayan, kung saan ang paggawa ng nararapat ay hindi balakid, kundi susi sa kaunlaran.

Upang maisakatuparan ito, kailangan namin ang tulong ninyo, kayong mga nagsunog ng kilay, at nag-alay ng di-mabilang na oras ng inyong buhay sa batas. Ang batas na siyang timbangan ng lipunan kung ano ang tama at ang mali. Alam kong alam ninyo ang inyong mga trabaho, wala nang mas makakakilala dito kundi kayo, at may matibay na kakayahan kayong maisakatuparan ang inyo pong mga responsibilidad.

Sa pakikiisa ninyo, at sa tulong ng nakakaraming Pilipino, kaya nating tugisin, ihabla, at maihain sa hapag ng hustisya ang mga salot ng lipunan, lalo na ang mga nagnanais maibalik ang kadilimang dulot ng katiwalian. Tiwala akong sa gabay ng liwanag na dulot ng katotohanan, makakausad tayo tungo sa mas maunlad na Pilipinas.

Daghang salamat sa pag-giya sa atong katawhan pangadto sa tul-id nga dalan sa kabag-ohan.

Thank you po.
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Faculty painting removed from exhibition

We often forget that art work is entitled to First Amendment protection. This College President seems to have forgotten and removed a painting critical of the Confederate past from a faculty art exhibition. Conservative censors at work this time? Authoritarianism is alive and well on both sides of the political spectrum

Great report from FIRE on First Amendment rights on campus.

FIRE (Foundation for Individual Rights in Education) is a leader in protecting due process and First Amendment rights on college and university campuses. Their annual report on Speech Codes is great reading for anyone who cares about this issue. There is a brief but good discussion of freedom of speech and higher education. Although there appears to be improvement, the lack of respect for the Supreme law of the land on public campuses is still appalling and disgraceful.

25th Anniversary of Fatal Firefight in Miami

Two FBI agents lost their lives protecting us on this date 25 years ago.

Civl War Anniversary--some thoughts

As we start the 150th anniversary of American’s greatest tragedy, some straight-talking quotes from a self-described southerner and historian.


“Today, a new battle for history is being waged, with political conservatives casting the Civil War as a struggle against Big Government, with only tangential connections to slavery. These neo-Confederates contend that one can honor the South’s heritage without condoning its institutionalized racism. But as a historian and as a Southerner, I believe that is a losing cause. Without what our seventh vice president, John C. Calhoun, called the South’s “peculiar domestic institution,” there would have been no Civil War. There can be no revision of this inescapable reality. . . .

At such a charged moment, we must remember our nation’s history fully, not selectively. If we truly want to be faithful stewards of the past, Americans need to recall what the war was about: slavery and the definition of human liberty. And the Civil War’s true legacy is not about Big Government or today’s political skirmishing—it’s about a nation’s obligation to live up to the best part of itself. Slavery was an evil, and it had to be defeated.”

A peek at the mentality against concealed carry on campus

Every once in a while, a little bit of insight into the concealed carry on campus issue comes to light. This blogger wrote that the "high prevalence of substance abuse and depression among college students, it makes little sense to encourage gun carrying by anyone other than duly-sworn public safety personnel." Further, "how comfortable would instructors be in handing out poor grades to students who may be packing heat." I didn't realize it took so little to turn college students into killers! I guess irrational fears and neuroticism are a good reason to limit the freedoms of others. I guess some people just don't trust college students. Assuming, arguendo, that there is data to support the assertions about substance abuse and depression, why should all college students be branded negatively? In a country that values equal protection and liberty, such assumptions are questionable. Don't people have a right to be judged as individuals rather than stereotyped? The writer also ignores the fact that in most, if not all states, one has to be 21 to get a license and will have to spend time and $ to get the license. Further, anyone with a criminal record cannot get a license. Fear is a potent propaganda weapon. It has been used against various groups in this country for years.

UTEP students for concealed carry on campus

It seems that most of the media coverage is about students who don't want concealed carry on their campus. Here's a group that does.

Testimonial re concealed carry on campus.

Testimonial from a college student in favor of concealed carry on campus. One case is not a basis for policy, but this is a side of the issue that has not been heard.

PORTUGAL ASKS FOR BAILOUT !

Today one of the first and most brutal participants in the enslavement of Africans has asked for a bailout from the European Union. One would have thought that a country like Portugal which thrived on the blood and sweat of Africans would have received a sort of economic advantage relative to other nations who did not employ such barberic methods. Clearly they did not.

Oppression and enslavement do not last forever. In time we must all pay for our misdeeds. The currency for the compensation for the oppression and enslavement of innocent human beings is nothing short of like suffering.

Concealed carry & on college campuses

One of the current controversies in Texas and other states is whether persons with state-issued licenses to carry concealed handguns should be permitted to carry on college campuses. IMHO, Such carrying by licensees, may violate the Second Amendment. Secondly, there is no empirical basis to fear a rise in crime. Finally, opposition to such carrying on campus is fueled by dislike of guns and gun owners or irrational fears. Fear is propaganda tactic frequently used by those opposed to the rights of others and has long been used in an attempt to suppress civil liberties.
See this short article by commentator Stephen Chapman.

The Chief Justice is a graduate - INQUIRER.net, Philippine News for Filipinos

The Chief Justice is a graduate - INQUIRER.net, Philippine News for Filipinos

The Chief Justice is a graduate
By Nikko Dizon
Philippine Daily Inquirer
First Posted 05:50:00 04/04/2011


MANILA, Philippines—The highest magistrate in the land was among the 400 graduates of the University of Santo Tomas (UST) Graduate School which held its commencement rites at the Puerto Real Gardens in Intramuros Sunday.

Supreme Court Chief Justice Renato Corona, 62, was the class valedictorian and one of its six summa cum laude graduates, earning for himself a doctorate degree in Civil Law.

Corona, in his valedictory speech, described himself “not as a public official nor as the head of the judiciary, but as a most humble and grateful student.”

“My fellow graduates,” he addressed his audience, as his red toga flapped in the early evening breeze, stressing that education should never stop, that everybody should “unceasingly seek to learn new things.”

“This is my dream. I have several honorary doctorates already. But my dream is to have an earned doctorate. And this is an earned doctorate. I worked hard for it, that’s why I am proud of it,” Corona told reporters after the four-hour ceremony.

Just two weeks ago, he was conferred an honorary degree of Doctor of Laws by Bohol University.

Last year, Renmin University of China Law School, the top law school in the People’s Republic of China, made him an Honorary Professor of Law, in recognition of his legal scholarship and expertise in international law.

In 2006, he was conferred a degree of Doctor of Laws, honoris causa, by University of Batangas, and the next year, by University of Cebu.

But Corona, even after he had been appointed to the Supreme Court spent his Saturdays for the past five years at the UST Graduate School, not only to teach, but to burn the midnight oil to earn his own doctorate.

Corona’s doctoral dissertation was on environmental law, which he defended and lectured on in a convocation attended by some 300 graduate school students, faculty members and experts.

Corona admitted that the most difficult part of being a student was when he had to submit papers. It would be “embarrassing,” he said, if he submitted a less than stellar assignment that would disappoint his professors.

“I really gave time and effort into producing quality papers,” he said.

Dudley Laws: More than a "black activist" !

The contributions of Dudley Laws to Ontario society are significant and profound. No other single individual has had a more direct and positive impact on ensuring police accountability in the area of police use of force on the citizens of Ontario than Dudley Laws. The current system of civilian review of police conduct in Ontario only came to fruition as a direct result of his unwavering conviction that no one - including the police - are above the law.

Accordingly, I was saddened but not overly surprised when I attended the wake hosted by the Jamaican Canadian Association last night to honour this outstanding citizen to find that less than a handful of persons of European descent were in attendance - at least while I was there. Allan Tonks, Judy Scro, Peter Rosenthal, Bob Kellerman and maybe three others were in attendance while I was there.

I was similarly saddened in seeing only one member of the judiciary of African-Canadian ancestry - namely, Mr. Justice Tulloch at the wake last night.

History shows that great men of African descent are never embraced by the popular media, never, never by the dominant class in the community in which they live and never, never, never embraced by the adminstration of justice. It was not long ago that a respected Toronto Sun columnist openly referred to Mr. Nelson Mandella as a terrorist. I could go on and on and on.

What is a "black activist" anyway ? Those who saw Mr. Laws as merely a "black activist" will be shown by history to be part of the problem which he fought so hard to change. Public Enemy said it best in their song entitled "Don't believe the Hype". I quote in memory of Mr. Laws:


"They claim that I'm a criminal
By now I wonder how
Some people never know
The enemy could be their friend, guardian
I'm not a hooligan
I rock the party and
Clear all the madness, I'm not a racist
Preach to teach all
'Cause some they never had this
Number one, not born to run
About the gun...
I wasn't licensed to have one
The minute they see me, fear me
I'm the epitome - a public enemy
Used - abused without clues
I refused to blow a fuse
They even had it on the news
Don't believe the hype..."


...."Never played the fool, just made the rules
Remember there is a need to be alarmed
Again I said I was a timebomb
In the daytime the radio scared of me
'Cause I'm mad, plus I'm the enemy
They can't c'mon and play me in primetime
'Cause I know the time, plus I'm gettin mine
I get on the mix late in the night
They know I'm livin right.."


Note: This piece is written for the sole purpose of drawing attention to an issue of public importance - namely - the valuable contributions made Mr. Laws to both the law and quality of life in Ontario and his marginalization for so doing.

Repeal the Second Amendment?

Both Right- and Left-wing authoritarianism are alive and well in America. This writer wants to repeal the Second Amendment. Further, many of our rights hang by one vote in the Supreme Court. "Eternal vigilance is the price of liberty."