- Open-minded: liberal-leaning Marshall Project publishes Heather MacDonald, often found on other side of criminal justice debates, on why police shootings of “unarmed” persons are not as clear-cut a matter as one might think;
- “Report: Dashcam Equipment in Chicago Police Vehicles ‘Intentionally’ Destroyed” [Bryant Jackson-Green, Illinois Policy]
- Sure-footed SWAT response to San Bernardino terror attack proved value of police militarization, right? Not so fast [Anthony Fisher]
- In December Cato held a conference on “Policing America,” catch up with the videos here [Jonathan Blanks]
- “Head of multi-jurisdictional anti-drug task force says forfeiture reform may spell the end of these roving, self-funded teams of drug-fighting cops who aren’t answerable to any local authority. He makes a good argument, but not the argument he thinks he’s making.” [that’s Radley Balko summarizing Tim Helldorfer, Memphis Commercial Appeal]
- U.S. Department of Justice “Wants to Punish Abusive Ferguson Police with Massive Raises” [Scott Shackford, more on civil rights suit]
“My own anecdote about Justice Scalia is that he once hired me for my dream job because I wouldn’t stop arguing with him.” I set down a few recollections about the great man which are up now at The Daily Beast.
The dream job in question was to help with the editing of Regulation magazine, which in its early years was a project of the American Enterprise Institute (it’s at Cato now). I remember well the magazine’s publication of the classic debate between Antonin Scalia and Richard Epstein on the proper role of the courts in protecting economic liberty, itself based on an “Economic Liberties and the Constitution” conference sponsored by the Cato Institute. By that point Scalia had departed as editor of the magazine and was a judge on the D.C. Circuit, while Epstein continued to teach law at the University of Chicago, where he had been Scalia’s colleague. Scalia begins his piece thus:
I recall from the earliest days of my political awareness Dwight Eisenhower’s demonstrably successful slogan that he was “a conservative in economic affairs, but a liberal in human affairs.” I am sure he meant it to connote nothing more profound than that he represented the best of both Republican and Democratic tradition. But still, that seemed to me a peculiar way to put it — contrasting economic affairs with human affairs as though economics is a science developed for the benefit of dogs or trees; something that has nothing to do with human beings, with their welfare, aspirations, or freedoms.
Archives of Regulation magazine are here. During his editorship (which lasted until 1982), Scalia wrote many pieces both signed and unsigned, and his contributions to the unsigned front part of the magazine can often be identified once you know to look for his distinctive style (often there was one such piece per issue). I was at the magazine from its first 1981 through its last 1985 issue.
More: Earlier here. And I’ve adapted this (with some additional historical material) into a new Cato post, to which Nick Zaiac, Peter Van Doren, and Thomas Firey add a second post analyzing some of Scalia’s signed articles for the magazine during his tenure. I remember that his irreverent cover essay “The Freedom of Information Act Has No Clothes” was the one I most worried some senator would wave about to oppose his confirmation, but nothing of the sort happened. In it he wrote, of FOIA, “It is the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost- Benefit Analysis Ignored.”
My tell-all interview at Fault Lines gets into why I don’t hate lawyers (really), my various books, my views on Cato and other think tanks, law and economics, the lack of any real reckoning for the Great Tobacco Robbery, why law schools might actually serve as a counterweight to campus pressure for ideological uniformity, my writing outside law, and much, much more. I’m interviewed by Scott Greenfield, well known to our readers for his criminal law blogging; Fault Lines is a recently launched criminal justice website that’s part of Lee Pacchia’s Mimesis Law.
There have been many flattering reactions already, scroll down from the interview to this comment from Margaret Little which made me particularly happy:
Overlawyered made an enormous contribution to understanding where lawyers were taking the legal system over the past several decades and it continues to fill a vacuum in the discourse about law. For too long that discourse was plaintiffs vs. defense lawyers, with both sides vulnerable to attack for self-interest. Worse, the defense bar, which has an economic interest in the expansion of liability, is often silent or even complicit in the game. While Overlawyered’s postings were made with much-appreciated wit and style, the sheer comprehensiveness of the empirical data, and the mind-boggling attention to detail in its analysis makes it a gold mine for research and a landmark accomplishment. Well done! Don’t quit!
More of people’s reading is being done on Facebook these days, yet Overlawyered has only a few thousand followers there. So please go like us now if you haven’t and recommend us to friends. Our Facebook page tends to share several items a week, mostly about interesting cases, a mix of our own posts and stories published elsewhere (versions of which usually turn up in this space in roundups or otherwise, but why not see them first there?)
The best way to see more Overlawyered on Facebook, and to spread the word, is to directly share our blog posts yourself, whether or not our Facebook page has done so. If you “tag” Overlawyered when you post something, we’ll see that you’ve done this and maybe even send you some Facebook readers.
While we’re at it, I’ll urge you to like my personal Facebook author page, which will get more of my writings to show up on your timeline, most though not all of them on legal subjects. I also have an active personal FB page, mostly aimed at persons with whom I have in-person or professional connections (but all are welcome to “follow”).
Finally, if you’re on Twitter, follow Overlawyered there (as well as @walterolson) if you still haven’t. The Cato Institute, with which both I and Overlawyered am associated, has a gigantic Twitter and Facebook presence with multiple sub-accounts specializing in topics like educational freedom, trade, activities on campus, the journal Cato Unbound, and so forth.
How can you resist a debate between two of the nation’s most distinguished federal appeals judges — Alex Kozinski of the Ninth Circuit and J. Harvie Wilkinson III of the Fourth — moderated by Tim Lynch? [more; coverage, Jacob Gershman, WSJ]
P.S. More on Judge Kozinski’s recent ideas on criminal justice reform (sample: let defendants choose jury or bench trial, study exonerations in depth, go after bad prosecutors) from Eugene Volokh and Radley Balko.
- Today at Cato, all-day “Policing in America” conference, watch online; also check out recent Cato podcasts with Caleb Brown on the power of cop unions [Derek Cohen] and law enforcement drones [Connor Boyack];
- Despite recently enacted New Mexico law ending civil asset forfeiture, Albuquerque goes right on seizing residents’ cars [C.J. Ciaramella, BuzzFeed] Tulsa DA warns that asset forfeiture reform will bring headless bodies swinging from bridges [Radley Balko]
- Through court orders and settlements, Justice Department has seized control of the practices of police departments around the country. How has that worked? [Washington Post]
- Punishing the buyers: “The Nordic model for prostitution is not the solution — it’s the problem” [Stuart Chambers, National Post]
- “Plaintiff Wins $57,000 Settlement Over False Gravity Knife Arrest” [Jon Campbell, Village Voice] Will Republicans block reform of New York’s notorious knife law? [Glenn Reynolds, Instapundit] Second Circuit on standing to sue by knife owners;
- Union-backed bill had Republican sponsor: “Bill shielding identities of police who use force passes Pennsylvania House” [Watchdog]
- Federalist Society convention breakout session on “Ferguson, Baltimore, and Criminal Justice Reform” resulted in fireworks [YouTube; Tim Lynch, Cato]
Sasha Volokh reminds us to mark our calendars:
Cato’s 14th Annual Constitution Day event will be two weeks from now: Thursday, September 17, at Cato’s offices in Washington, D.C. Here’s a link to the site, so you can register. I’ll be on the 2:15-3:30 panel on “Bizarre State Action”, talking about the Amtrak case that I’ve been involved with — see here for links to my previous blogging on the subject. Tim Sandefur and Adam White will be on that panel with me.
Co-bloggers Jonathan Adler and John Elwood will also be on different panels, as will Walter Olson, Bill Eskridge, and others. Steven Calabresi will give the evening lecture on “Liberty and Originalism in Constitutional Law”.