Monday, September 08, 2008

That's Not Change, Just More of the Same

With more gaffes like these, an Obama White House on the the "bushisms" meter won't reperesent "Change," just "More of the Same."

Then again, that wouldn't be all that bad as I never thought that Bush's misstatements were that big of a deal.

Tuesday, June 26, 2007

The Rule of Law and Immigration

One of the arguments frequently that those against immigration reform make is that they are not against legal immigration, only its illegal form. Supporting immigration reform they argue, undermines the rule of law. However, supporting the rule of law is not an end in itself - we support the rule of law because of what it leads it to - greater liberty, greater prosperity. What the law tries to accomplish or protect matters just as much as the law itself, even more so when we are setting policy (i.e. see groundswell of support for Scooter Libby pardon even though it is clear that he is in technical violation of the law).

My contention is that with immigration, those who fall back on the rule of law argument are often using it as a fig leaf and what truly matters is how one feels about the immigration in general. If immigration is a good thing, then violating immigration laws is a victimless crime that harms nobody, even less offensive then a speeding ticket as speeding actually puts lives in danger. However, if immigration is a bad thing, or bad in certain circumstances, the offense cannot be forgiven lest it occur again.

What are the implications if I am correct? Well, the main argument we have been having is whether forgiving the rule of law's violation is a good idea or a bad idea. Such argument misses the point. What we need to ask ourselves is whether immigration is a good thing, a bad thing. A further question is whether we can improve immigration rules so that we can improve its effect on our country. At least those who made an attempt a "grand bargain" took a shot at answering these questions. I think they haven't gotten enough credit for their attempts, and I'll hopefully be back to defend them if the bill survives cloture today.

About the author (updated in July 2012): Elliot Fladen is an attorney practicing law in Colorado Springs, Colorado.  Nothing in this blog is meant to constitute legal advice unless explicitly stated to the contrary.

Thursday, September 07, 2006

Here Lies a Failed Blog
My clerkship is now over, and I have a few weeks off before starting my next job in DC. Unfortunatly, I have no plans of continuing this blog.

Thank you for reading/visiting.

Wednesday, September 06, 2006

Amazing Judge to Clerk For
If you are applying for federal clerkships, for sure apply to Hon. David Godbey on the Northern District of Texas. Just got done working for him, and he is one of the best teachers/bosses I have ever had.

Thursday, October 06, 2005

Passed the Bar
No surprises here
One down, two to go.

Tuesday, August 23, 2005

Starting Clerkship
The day after tomorrow.

Thursday, August 04, 2005

The Good Life
Bar is done. Cooking and cleaning are provided for by family. Been able to hang out with friends. Looking forward to new job. Apartment in Dallas has been picked out, and the furniture is set for delivery. All that is left to do is to get my clerkship applications for the 2006-2007 year completed. Oh yeah, and play lots of video games.