Harvard lawprof Noah Feldman on the Paris/Fox case: let government sue media for saying (or maybe even for letting guests say) wrong things about government. Sure, what could go wrong?
Related, and outrageous: Morgan State University (Baltimore) journalism school dean wants to classify religiously irreverent speech as “fighting words,” which would throw into doubt its legal protection [DeWayne Wickham, USA Today] More: Allahpundit, Taranto/WSJ, The College Fix; edited to reflect Wickham’s (non)-clarification of his stance in the last-named link).
P.S. Via @benjaminlam: “Today’s Straits Times [Singapore] carried Feldman’s article.”
Known to some of our readers through his Maryland Injury Lawyer Blog, and to many others as one of our most valued commenters (bringing the perspective of a seasoned plaintiff’s attorney, a perspective I will confess is sometimes lacking here otherwise), Ron also teaches a course on insurance law at the University of Baltimore School of Law. Last week he was kind enough to invite me to stop by and present my own perspective on the role of insurance in tort law. (Nutshell version: the insurance mechanism is exceedingly imperfect, and legal theorists and policy makers often go astray by assuming that it works more smoothly than it does.) Thanks, Ron!
I’m speaking in downtown Baltimore this Thursday at 12 noon about my most recent book, Schools for Misrule. I’ve given versions of this talk many times around the country but I think this marks the first time I’ve done so in my own state of Maryland. It’s free and lunch is served, but you’ll need to RSVP to the Federalist Society Baltimore Lawyers’ Chapter. Details here.
Last month 13 guards and 12 others were indicted on charges of letting a gang effectively take over management of the Baltimore City Detention Center; according to the indictment, corrupt guards allegedly smuggled in drugs, cellphones and other contraband and had sex with the gang leader, several becoming pregnant by him. Since then the public and press has been asking what went wrong. A Washington Post editorial suggests one place they might look:
The absurd situation described in the indictment took root at least partly because of a “bill of rights” for corrections officers, backed by Gov. Martin O’Malley (D) and enacted by the Maryland legislature in 2010 at the behest of the guards union, the American Federation of State, County and Municipal Employees. This bill of rights grants extraordinary protections to guards, including shielding them from threats of prosecution, transfer, dismissal or even disciplinary action during questioning for suspected wrongdoing.
While Gov. O’Malley has sought to minimize the relevance of the 2010 law, the Post notes that FBI recordings suggest that a guard who was deemed “dirty” was transferred to another facility, rather than fired — transfers-instead-of-firing being a less than optimal way of dealing with public employee corruption, but one typical of systems with strong tenure entrenchment. AFSCME, which boasted at the time of its “relentless lobbying” on behalf of the law, is now doing damage control. More: “those protections left officers at the jail without fear of sanctions for allegedly smuggling contraband or having relationships with inmates, the FBI said in an affidavit.” [Baltimore Sun] Union-allied lawmakers defend the measure [AP]
“The Orioles’ team doctor, William H. Goldiner, tended to orange-clad ballplayers at the same time as he diagnosed thousands of blue-collar workers with asbestos-related illnesses whose cases were taken up by prominent lawyer and team owner Peter G. Angelos.” [Baltimore Sun, earlier]
“A Circuit Court judge has ruled that Baltimore County’s contract with its speed camera vendor is illegal, because it pays the company a cut of each citation issued…. Maryland law says that ‘if a contractor operates a speed camera system on behalf of a local jurisdiction, the contractor’s fee may not be contingent on the number of citations issued or paid.’ But several jurisdictions, including Baltimore County and Baltimore City, pay their vendors a cut of each ticket, arguing that the jurisdiction, not the company, operates the cameras.” Judge Susan Souder ruled that Xerox State and Local Solutions, which currently “receives about $19 from every $40 ticket,” is indeed involved in the operation of the cameras. Del. Michael Smigiel, an Eastern Shore Republican, has introduced a bill to repeal the camera program: “We specifically said we’re not going to allow this to happen, and it happened,” he said. [Baltimore Sun, auto-plays video]
“Formstone is to Baltimore what Communism was to Czechoslovakia.” Although virtually no one installs the simulated-stone exterior cladding any more, and it doesn’t seem to raise any safety concern, Charm City authorities are still proposing to ban it, which has touched off a wave of protests and a Baltimore Sun editorial objecting to the ban. [Sun reporting, editorial]
“In answers to interrogatories, [the mesothelioma-diagnosed] plaintiff identified Colgate’s Cashmere Bouquet talcum powder as the sole source of her asbestos exposure.” [Ron Miller]