Hey, Joe, whaddaya know?

Updated 2 months, 2 weeks ago

The facts, at least, are simple: Joe Arpaio, the controversial sheriff of Maricopa County, Arizona, claimed that Federal law lets him arrest suspected illegal immigrants during street sweeps. He provided a press handout that quotes extensively from “8 USC 1324(a)(1)(A)(iv)(b)(iii)”. He said that this text gives him authority to continue those arrests, despite the fact that Federal officials had explicitly rescinded an agreement that once allowed him to do so.

He claimed the ...

LII as the source of that law. There is no such sub-section in the US Code. No such text appears on our web site, or ever has — a fact easily discovered by reporters who went to our site. Instead, the text in Arpaio’s presser was made up by an anti-immigration group in Connecticut. It looks awfully official, though. You can read this story in newspapers and blogs here, here, and here — and you probably should, because this is the Internet, and who’s to say I’m not making things up, too? I thought Stephen Lemons’ story in the Phoenix New Times gave a good account of the legal-information side of the story.

I spent last Friday morning dealing with media reaction to all this. I was delighted. I was delighted that Sheriff Arpaio thinks that the public finds us so authoritative that he can use the LII’s name as the shiny scaffolding for a Big Lie. In fact, I wanted to call my mother and tell her that the LII had finally reached that pinnacle of American success, the name brand, just like the legal-information services that the big guys use. It is often hard for me to avoid cracking wise.

Not so this time. I am proud, seriously proud, that we have helped shed light on a blatant abuse of authority.

Sheriff Joe has powerfully reminded us of why we do what we have done for the last 17 years. We do it because we believe that everybody should be able to find out for themselves what the law is, without bias or interference. That goes for the people of Maricopa County, for Joe Arpaio, and for journalists. It goes for the Border Patrol officers at the Field Operations Training Center in Glynco, Georgia — where one of our donors tells us that LII resources are regularly used as part of the curriculum.

We can’t know how many of the 100,000 people who visit our web site each day come here because they are looking at an official statement and saying, “Wait a minute — that can’t be right.” I think that’s rare. I hope that it’s not often necessary. But just as the power of the Internet is an accretion of small things, so too the power of a service like ours is described by a lot of little stories about people, and what they can do, and what they know that they can do.

That is not a noisy drama. It shouldn’t be. It is not as glamorous to publish the boring details of 17 USC 107 as it is to dress up in a mask, cape, and green tights, call yourself a “copyfighter“, and set off to save the world. Instead, we strive to be accurate, timely, and boring. The fairy tale of how Robin Hood Beats the Bad Sheriff and Saves the Little Guys is exciting. Hundreds or thousands of ordinary stories about how reading and understanding a government regulation can help a family-owned business are not — unless, of course, it’s your family, and your livelihood. The five of us are in the quiet, mostly invisible business of putting the law where everyone can find and understand it, each for her own small purpose. That runs both wide and deep.

Four centuries ago Sir Edward Coke took the radical step of translating law books and writing commentary on English law in English, rather than the “law French” that was the language of lawyers. He did so in order that “the nobility and gentry of the realm…may understand … seeing

that ignorance of the law is no excuse.” It was Coke’s Institutes that formed the basis of John Adams’ and Thomas Jefferson’s legal training. All of us have heard the phrase about ignorance of the law. Few know the part of the quote that talks about understanding, or about a history in which law was something that most could not read.

We’re with Coke. People need to be able read and understand the law. The issue of what Joe knows, and what Joe claims he knows, and what average Joes can know, is too important for things to be otherwise.

[NB: I’m compelled to tell you that the opinions expressed here are strictly my own and not those of the Legal Information Institute, the Cornell Law School, or Cornell University. Or my mother, even if she was mentioned in this post; she’s a nice lady who mostly thinks well of authority. They are most certainly not those of Sheriff Joe Arpaio.]

95 comments on this story

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Showing 49 relevant reactions out of 95.

trbruce 2 months, 2 weeks ago on Twitter

#LVI2009 The rule of law depends on knowing what the law is. (TB: not only in Africa. http://bit.ly/5T9cg2 )

SonoranDragon 3 months, 3 weeks ago on Twitter

Oh look! When Sheriff Arpaio can't enforce the law the way he wants, he'll simply make up some new laws. http://bit.ly/4vpCjp #fb

Craig B. 3 months, 3 weeks ago on Friendfeed

» Hey, Joe, whaddaya know? | Police officer cites non-existent law in order to arrest suspected illegal immigrants. - http://blog.law.cornell.edu/tbruce...

hyperboles 3 months, 3 weeks ago on Twitter

Oh Sheriff Joe. You have to go. http://tiny.cc/xfFWy

secretstevie 3 months, 3 weeks ago on Reddit

ugh i live in phoenix (which is in maricopa county) and around here he's mostly a giant joke. everything he does is for shock value (making inmates wear pink underwear!) and all he cares about is being in the news. he is an egomaniacal, self serving prick.

Laughsatyou 3 months, 3 weeks ago on Reddit

this man is a hero, everyone should fight to remove illegal immigrants from our country.

fuuzik 3 months, 3 weeks ago on Reddit

please can someone get it all on video when this piece of shit finally pulls the hole he's dug down around him? keep digging you worthless scumbag

jackvickery 3 months, 3 weeks ago on Twitter

http://bit.ly/1PET6C Great piece on the value making knowledge of the law accessible and equally importantly the value of small deeds.

MegLG 3 months, 3 weeks ago on Twitter

Hey, Joe, whaddaya know? America's "Toughest Sheriff" caught quoting made-up laws, and the response from LII http://ow.ly/vuvx

multirachael 3 months, 3 weeks ago on Reddit

Fucking Joe Arpaio. Goddamn fucking Joe Arpaio. Thanks for inspiring fucking [Gerald Hege](http://en.wikipedia.org/wiki/Gerald_Hege), ya twat. Lotta goddamn good that did.

giant9Rwarrior 3 months, 3 weeks ago on Twitter

@karabaic Sheriff Joe Arpaio gets caught for the lying sack of shit he is. Thathttp://bit.ly/1rCmh5

johntspencer 3 months, 3 weeks ago on Twitter

Our Idiot Sherriff Caught Lying! http://bit.ly/QYNrk

fekaylius 3 months, 3 weeks ago on Twitter

When Sheriffs make up laws and lie about it, nothing seems to happen. http://bit.ly/1rCmh5

haobaba1 3 months, 3 weeks ago on Reddit

He is a criminal. He should be prosecuted.

Actiongrl 3 months, 3 weeks ago on Twitter

Learning of Sir Edward Coke & law history in Cornell Law http://bit.ly/1rCmh5 blog…abt a sheriff caught in a lie. (via @rachelannyes)

uberVU - social comments 3 months, 3 weeks ago on Wordpress

Social comments and analytics for this post…

This post was mentioned on Reddit by calis: The internet has caused me to be skeptical of everything. Anytime I see an e-mail about an new law in the works, or an amber alert, or death panels or anything at all, I Google it to confirm authenticity. T…

McGarnicle 3 months, 3 weeks ago on Reddit

OH NOEZ, you have fallen for Joe's trap! This media whore is feverishly masturbating as we speak knowing that he is so highly ranked on Reddit!

No, I'm serious.

karabaic 3 months, 3 weeks ago on Twitter

Sheriff Joe Arpaio gets caught for the lying sack of shit he is. Thathttp://bit.ly/1rCmh5 (thx @cshirky, @carlmalamud)

Debberzz 3 months, 3 weeks ago on Twitter

Sherriffs and writers really need to do our research before speaking as authorities. http://bit.ly/1rCmh5 (Thanks to @cshirky)

uiuclawlib 3 months, 3 weeks ago on Twitter

Remember the LII from your legal research course? They helped catch 'America's toughest Sheriff' (in a Big Lie) http://bit.ly/2nndd8

mtiller 3 months, 3 weeks ago on Twitter

Really starting the appreciate the role that the press is *supposed* to play in government: http://tinyurl.com/yktuzqs

richards1000 3 months, 3 weeks ago on Twitter

Read @trbruce on great example of value of free access to law: http://bit.ly/2nndd8 Sheriff Arpaio's use of purported section of "US Code"

cshirky 3 months, 3 weeks ago on Twitter

Sherriff Joe Arpaio gets caught quoting non-existant law: http://bit.ly/1rCmh5 This is why the Law.gov fight matters.

cspearow 3 months, 3 weeks ago on Reddit

You just made up that law, so I am going to disregard it.

el_topo 3 months, 3 weeks ago on Reddit

You do realize that won't actually do anything, right?

badkarmadump 3 months, 3 weeks ago on Reddit

Whether you think it is effective is irrelevant. It is the law, and you must follow it.

ft_littledipper 3 months, 3 weeks ago on Reddit

You heard the man, go downvote me. It is the law, and you must whip it.

Whip it good.

ft_littledipper 3 months, 3 weeks ago on Reddit

Did you make an account just to say that?

I won't deny it, I'm a little hard right now.

loveip 3 months, 3 weeks ago on Reddit

He's considered a racist because he stops every hispanic person he sees, and asks for their immigration papers. The problem is, that's not legal. Immigration enforcement is a matter of Federal law: not state law. Since only the Federal government is allowed to set immigration policy; if it chooses not to strictly enforce its laws, then officers of the States cannot step in for the Federal government ... See all content Hide content

tastybacon 3 months, 3 weeks ago on Reddit

Yeah, the problem with that logic is that he isn't catching the bank robbers. Almost all of his enforcement efforts have been tied to illegal immigration. Any serious crimes have been solved by the cities, not the Sheriff's office.

Twitter Trackbacks for » Hey, Joe, whaddaya know? b-screeds [cornell.edu] on Topsy.com 3 months, 3 weeks ago on Wordpress

[…] » Hey, Joe, whaddaya know? b-screeds blog.law.cornell.edu/tbruce/2009/10/19/hey-joe-whaddaya-know – view page – cached The facts, at least, are simple: Joe Arpaio, the controversial sheriff of Maricopa County, Arizona, claimed that Federal law lets him arrest suspected illegal immigrants during street sweeps. He… (Read more)The facts, at least, are simple: Joe Arpaio, the ... See all content Hide content

sisko2k5 3 months, 3 weeks ago on Reddit

Only because its the law

BarraEdinazzu 3 months, 3 weeks ago on Reddit

[This Modern World, Tom Tomorrow](http://www.salon.com/comics/tomo/2009/10/19/tomo/index.html)

numb3rb0y 3 months, 3 weeks ago on Reddit

The majority of the people are either really, really stupid, really really racist, or some combination of the two.

secretstevie 3 months, 3 weeks ago on Reddit

its not that we're stupid, its that he rarely even has an opponent. this is because he runs the dirtiest smear campaigns imaginable. so nobody wants to run against him because their careers and good names will almost certainly be ruined.

tastybacon 3 months, 3 weeks ago on Reddit

Here is a pretty good example of who votes for Joe Arpaio (read the comments)

http://ktar.com/public/comment/group/cms/1221648?ipp=15&comments=1

carlson_001 3 months, 3 weeks ago on Reddit

KTAR is the right/conservative talk radio station in AZ. So, take those comments with a grain of salt. People keep re-electing Joe because, yes, Arizona is full of stupid conservatives. The types that voted for Bush twice and think Reagan was the best president ever. Also, Joe rarely has an opponent. Dan Sabian ran last election, and got a decent amount of votes. Ultimately, in my opinion, he failed ... See all content Hide content

tastybacon 3 months, 3 weeks ago on Reddit

Is there a local non-biased talk radio station in AZ? Or a liberal one? (NPR doesn't count since it's national).

KTAR used to be less biased, but that changed with Ankarlo, imo.

randall82 3 months, 3 weeks ago on Reddit

Ther's a guy in Dallas named Richard Hunter that does podcasts and streams for free who's a pretty smart progressive. If you've got an iPhone you can stream it straight to that.

tastybacon 3 months, 3 weeks ago on Reddit

I appreciate the tip, but my point was that if there isn't a "liberal" news station then the conservative new station becomes THE news station.

If I want national talk radio, I just kick on NPR for a little while.

boot20 3 months, 3 weeks ago on Reddit

WTF...Are there a bunch of white supremacist living in AZ or what? That read like a KKK flier....

martinherrera 3 months, 3 weeks ago on Reddit

it's because there is a ton of racism here in az towards hispanics and all those racists vote for him.

scam_radio 3 months, 3 weeks ago on Reddit

I live in AZ, i don't even know who the guy was that i voted for, I just voted for whoever was running against him. The guy is a twat

rreegg 3 months, 3 weeks ago on Reddit

It's a thorny legal issue all right. I'll need to refer to the case of Finders v. Keepers.

azzaleo 3 months, 3 weeks ago on Reddit

Unsurprised.

HydroCabron 3 months, 3 weeks ago on Reddit

Asssshollllle!

calis 3 months, 3 weeks ago on Reddit

The internet has caused me to be skeptical of everything. Anytime I see an e-mail about an new law in the works, or an amber alert, or death panels or anything at all, I Google it to confirm authenticity. Then I reply to the sender/poster with that information...they never seem thankful. Ultra-Right-Wingers really get pissed when you prove to them that the crap they are passing on is just that.

oconostota 3 months, 3 weeks ago on Reddit

Ultra-Left-Wingers don't really appreciate it either.

calis 3 months, 3 weeks ago on Reddit

Yes, very true. I apologize for my implied bias as I was thinking about a political cartoon I had received earlier listing all the crazy shit the GOP is (presumably) spreading. While I do lean a bit to the left, I try to be as objective as I can, but sometimes I fail.

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