Vortex Blackstone : law that seeks truth and only truth
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navigation, contact, access: click ►▼, link & ••• — September 9, 2018
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how to contact us
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Leif Smith
303-778-0880
Explorers Foundation, Inc.
PO Box 9100
Denver, CO 80209
USA
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leifsmith@gmail.comImportant: If we are not already in email communication, please put “*****” at the beginning of the Subject: line of your email. This will assure that we don’t miss the first email you send to us.
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explorersfoundation.org/blackstone.html — a vortex is a region of Explorers Foundation research and investment — recent additions and important changes are indicated by 🔹
 
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Log
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09Sep18: “mes rea” discussion
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08May18: added Yale’s Avalon Project as a source of documents
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22Apr17: minor editing, rearrangement
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20Feb17: Asset Forfeiture
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19Feb17: question about the subtitle of this vortex; addition of titles of books important to this discussion; a footnote of Paul Johnson’s
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18Apr14: added a section on prosecutorial abuse ... Martin Act ... African hair braiding
 
🔹 Commentary ••• ‘Hatch-Kavanaugh Exchange Highlights Need for "Mens Rea" [guilty mind] Reform’ Heritage Foundation)
 
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🔹 Avalon Project ••• a source of documents in law, history, and diplomacy from early to recent, provided by the Yale Law School, Lillian Goldman Law Library
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Magna Carta, June 1215 ••• — read not for detail, but to infer the strong conviction that law not made by the king binds him in his relations with his subjects. This principle has been raised time and again in English history by reference to Magna Carta.
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Albert Alschuler, "Rediscovering Blackstone," University of Pennsylvania Law Review 145 (1996)
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The Selected Writings and Speeches of Sir Edward Coke
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The Selected Writings and Speeches of Sir Edward Coke •••
Volume One, Edited by Steve Sheppard, Liberty Fund, Indianapolis, Indiana
This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals.
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A footnote regarding Coke (“cook”) found in Paul Johnson’s The Offshore Islanders, page 184
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“In 1631, when Charles heard Coke was planing to write a book about Magna Carta, he forbade publication. In the seventeeth century, Magna Carta was regarded as an anti-executive instrument.”
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Quotations from Blackstone
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Albert Alschuler
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“Like John Locke, Adam Smith and other Enlightenment thinkers, Blackstone should not be mistaken for a twentieth-century libertarian.” -pg. 35
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‘… Blackstone's statements that slavery could not exist in England; that the existence of slavery anywhere in the world was "repugnant to reason, and the principles of natural law"; and that the "spirit of liberty is so deeply... rooted even in our very soil, that a slave or a negro, the moment he lands in England... becomes a freeman.” -Albert Alschuler, "Rediscovering Blackstone’” •••, 145 University of Pennsylvania Law Review 145 (1996). This article offers a good introduction to the importance of Blackstone’s Commentaries in the development of American law. -ls
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“Blackstone, a champion of Parliamentary supremacy, did not share Sir Edward Coke's view that judges could legitimately disregard legislation that they considered inconsistent with reason or with the law of nature.” -footnote 105
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Jake Crabbs, “The Poetics of American Common Law” •••
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’To Blackstone, and the innumerable judges and jurists who followed him, natural law is “superior in obligation to any other. It is binding over all the globe, in all countries and at all times: no human laws are of any validity if contrary to this.”’
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This may be what Ayn Rand was trying to point to when she had John Galt say, “existence exists”. -ls
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From The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice, by Paul Craig Roberts and Lawrence M. Stratton (Three Rivers Press, 2000).
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(to be expanded, help welcome)
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Commentaries on the Laws Of England, books 1-4 (1765-1769), William Blackstone — Table of contents •••
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“Blackstone's Commentaries was the first organized compendium of English law which served as a model for all legal treatises to follow. The Commentaries was especially popular in the American colonies, and was instrumental in shaping the opinions of the founders of the United States in the years following its publication. Blackstone was cited by American lawyers in American courts for over 75 years. Blackstone's Commentaries is truly one of the most influential legal treatises ever written.” — from http://www.lawmart.com/pubs/blackstone.htm
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“… said to have been the most widely owned book in the Thirteen Colonies, after the Bible: every attorney kept a copy in his saddlebags.” —Daniel Hannan, Inventing Freedom, pg. 112.
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The Anglosphere Challenge, by James C. Bennett Anglosphere
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Inventing Freedom, by Daniel Hannan
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America 3.0, by James C. Bennett and Michael J. Lotus
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Books ••• offered by Liberty Fund •••
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Paul Goodrich and the origins of Liberty Fund, Glyph 228
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Related
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http://explorersfoundation.org/anglosphere.html — vortex Anglosphere, often abbreviated in these pages as vAnglosphere
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The Innocence Project of Texas •••
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“The Innocence Project of Texas is a 501(c)(3) non-profit organization dedicated to securing the release of those wrongfully convicted of crimes in Texas and educating the public about the causes and effects of wrongful convictions.”
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Institute for Justice •••
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Glyph 532: African Hair Braiding, defended successfully by Institute for Justice
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"New Blue Nightmare: Clarence Thomas and the Amendment of Doom" •••, August 28, 2011, by Walter Russell Mead, commenting on a New Yorker article •••, Aug 2011, by Jeffrey Toobin, who "... suggests, Clarence Thomas may be the Frodo Baggins of the right; his lonely and obscure struggle has led him to the point from which he may be able to overthrow the entire edifice of the modern progressive state."
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Prosecutorial Abuse — Paul Craig Roberts, Conrad Black
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The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice •••, by Paul Craig Roberts and Lawrence M. Stratton (Three Rivers Press, 2000).
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Table of Contents
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Review •••, at The Independent Institute •••
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🔹 "The Tyranny of Good Intentions is a bold defense of our fundamental freedoms. It demonstrates that government oppression is not a right-left issue, but rather a universal evil that should be resisted by all free people. It demonstrates why conservatives and liberals who despise tyranny must unite against statists of both the right and the left who falsely believe that partisan ends justify depravations of liberty. . . .When rights are subordinated to government power, the first steps toward tyranny are taken." Alan Dershowitz, Professor of Law, Harvard University; author of The Genesis of Justice
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A Matter of Principle, by Conrad Black: eloquent illustration of the points made by Paul Craig Roberts
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This paragraph sums the essence of much of the book’s criticim of prosecutorial abuse. The person named here does not play a part in Mr. Black’s own trial, but he is representative of a species: “Mr. Bharara is the apogee of publicity-seeking abuse of his prosecutorial office, of the evils of trial by press and by the corruption of the plea bargain: the extortion of inculpatory perjury with threats of prosecution and a promise of immunity from prosecution no matter how mendacious the resulting testimony. Unfortunately, the flush and flabby lair of Big Law will doubtless embrace him cozily.” from http://www.conradmblack.com/1276/the-russia-insinuation-collapses, published March 14, 2017.
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The Martin Act, “The Sword of Spitzer,” by Nicholas Thompson, “Legal Affiars,” May/June 2004 •••
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“A little-known law called the Martin Act gives New York’s attorney general extraordinary power, yet for 75 years this Excalibur has been left to rust in its scabbard. Now, Eliot Spitzer is wielding it against the biggest players on Wall Street. Should such a powerful weapon be left in anyone’s hands?
“The purpose of the Martin Act is to arm the New York attorney general to combat financial fraud. It empowers him to subpoena any document he wants from anyone doing business in the state; to keep an investigation totally secret or to make it totally public; and to choose between filing civil or criminal charges whenever he wants. People called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act’s powers exceed those given any regulator in any other state.
“Now for the scary part: To win a case, the AG doesn’t have to prove that the defendant intended to defraud anyone, that a transaction took place, or that anyone actually was defrauded. Plus, when the prosecution is over, trial lawyers can gain access to the hoards of documents that the act has churned up and use them as the basis for civil suits. ‘It’s the legal equivalent of a weapon of mass destruction,’ said a lawyer at a major New York firm who represents defendants in Martin Act cases (and who didn’t want his name used because he feared retribution by Spitzer). ‘The damage that can be done under the statute is unlimited.’”
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Asset Forfeiture: you might have done something wrong; we’re taking your bank account; just try to get it back
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IRS Agents seize $68,000 from a bakery on suspicion; refuse to give it back even though nothing wrong was done: http://ij.org/case/connecticut-forfeiture/
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To be better integrated into Blackstone
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The Constitution of Liberty, by F. A. Hayek
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Law, Legislation and Liberty, by F. A. Hayek
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Freedom and the Law, by Bruno Leoni
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The Anglosphere Challenge, by James C. Bennett
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Inventing Freedom, by Daniel Hannan
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F. W. Maitland, by Alan Macfarlane
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Freedom and the Law, by Bruno Leoni
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Simple Rules for a Complex Society, by Richard A. Epstein
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Systems of Survival, by Jane Jacobs
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The Law, by Frederick Bastiat
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Intellectual Privilege: Copyright, Common Law, and the Common Good, by Tom W. Bell
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A forthcoming work by Tom W. Bell
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Closely related vortices: Anglosphere, Archer, Cato, freeorder
.oOo.