New Job – Quick Thoughts

As many of you know, I started a new job with the new year. Yesterday was my first day as a Senior Attorney in the litigation group of the law firm Morgan, Lewis & Bockius LLP. It was a great day, and I’m very excited about the work ahead. I will be doing two types of work: both representing clients in their litigation matters and developing software platforms to augment and streamline the practice of law. It’s a truly unique opportunity to combine two of my skill sets and passions, and I can’t wait to get started in earnest.

I will, of course, miss the outstanding justices and wonderful former colleagues at the First Court of Appeals. But all good things in this life must come to an end, and this next chapter promises to be a great one!

Getting Started and Moving On

This is my first week running my new company, Cereblitz. So far, it has gone wonderfully. I’ve already had a couple of meetings with clients, and my ecommerce platform is close to launching.

If you haven’t already done so, please remember to sign up for our email list, follow @Cereblitz on Twitter, and like the Cereblitz page on Facebook.

Decorative Scales Of Justice In The Courtroom

One of the side-effects of this, of course, is that I have left legal practice behind. I started law school ten years ago, and started my first legal job exactly seven years ago today. And now, I am not practicing law at all. It’s a little surreal. On the other hand, I have been programming almost my entire life (since I was learning to read), and I was running a software development company before law school, so this is not really a second career. It’s more like a return to my first career.

Anyway, thanks for joining me on this thrilling, crazy ride. Please remember to sign up for my newsletter so I can keep you up to date on everything!

Experience and Reason

The following is Madison’s summary of a truly excellent speech by John Dickenson, a delegate from Delaware to the Constitutional Convention:

Experience must be our only guide. Reason may mislead us. It was not Reason that discovered the singular & admirable mechanism of the English Constitution. It was not Reason that discovered or ever could have discovered the odd & in the eye of those who are governed by reason, the absurd mode of trial by Jury. Accidents probably produced these discoveries, and experience has given a sanction to them. This is then our guide. And has not experience verified the utility of restraining money bills to the immediate representatives of the people. Whence the effect may have proceeded he could not say; whether from the respect with which this privilege inspired the other branches of Govt. to the H. of Commons, or from the turn of thinking it gave to the people at large with regard to their rights, but the effect was visible & could not be doubted-Shall we oppose to this long experience, the short experience of 11 Years which we had ourselves, on this subject. As to disputes, they could not be avoided any way. If both Houses should originate, each would have a different bill to which it would be attached, and for which it would contend. -He observed that all the prejudices of the people would be offended by refusing this exclusive privilege to the H. of Repress. and these prejudices shd. never be disregarded by us when no essential purpose was to be served. When this plan goes forth it will be attacked by the popular leaders. Aristocracy will be the watchword; the Shibboleth among its adversaries. Eight States have inserted in their Constitutions the exclusive right of originating money bills in favor of the popular branch of the Legislature. Most of them however allowed the other branch to amend. This he thought would be proper for us to do.

This is so excellent that I simply had to share it.  You can read Madison’s journal of the debates online in a number of places; this particular speech can be found at Yale’s Avalon Project – Madison Debates – August 13.

Last Day of Biglaw

Today was my last day as an associate at BakerHostetler. I have really enjoyed getting to know the wonderful people there over the last year and change.

Tomorrow, I will be starting in my new position as a staff attorney at the Texas First Court of Appeals, here in Houston. I am looking forward to the new and different challenges and opportunities there.

A Lesson in Constitutional Interpretation

In light of the current debate on Capitol Hill, the quotation of the day comes from the Supreme Court’s majority opinion in D.C. v. Heller:

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

h/t Aaron Spuler at Weapon Blog for reminding me of this passage.

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