- “Judges seemed to be troubled that prosecutors in Manhattan had secretly searched the entire Facebook accounts of about 300 people who were not charged with a crime” [New York Times]
- Goshen, N.Y.: “Dozens of speakers thundered against the proposed asset forfeiture law at two public hearings held Monday by Orange County Executive Steve Neuhaus.” [Goshen Chronicle; Neuhaus vetoes measure] Related, forfeiture at work in Pennsylvania [AP/same]
- Buried lede in breathless story about federal bank fines: “The agency receives a cut of up to 3 percent of its share of the total settlements for its Working Capital Fund, a slush fund common across major government agencies.” [Newsweek]
- From amid the wreckage: Dan and Fran Keller abuse case [Austin American Statesman]
- “Missouri’s attorney general announced lawsuits against 13 [St. Louis] suburbs on Thursday, accusing them of ignoring a law that sets limits on revenue derived from traffic fines.” [NY Times via Tabarrok]
- “It is remarkable enough that an African-American man can be convicted by a jury for breaking into a store that video shows was burglarized by a white female.” [The Open File on Indiana prosecutorial misconduct case via Radley Balko]
- “Lawyers for California Attorney General Kamala Harris argued releasing non-violent inmates early would harm efforts to fight California wildfires. Harris told BuzzFeed News she first heard about this when she read it in the paper.” [BuzzFeed]
If you’re active on Facebook, don’t forget to like Overlawyered’s page there and consider liking my professional page, which has links to new things I’ve written, appearances, etc. I also have a personal page.
“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:
George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.
He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.
He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.
An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]
From the United Kingdom [Camilla Swift, The Spectator]:
Police this week were granted the authority to carry out random, unannounced checks at the home of anyone who has a gun license. Why? They claim that shooters may be ‘vulnerable to criminal or terrorist groups’ and this is the way to tackle the ‘problem’. The new Home Office guidance assures us this won’t occur ‘at an unsocial hour unless there is a justified and specific requirement to do so.’ Some get-out clause.
More: CPSA. Perhaps, in our American Bill of Rights, there is more of a connection between the Second Amendment and Fourth Amendment than is at first apparent.
And: “Watervliet, NY Asks Pistol Permit Applicants for Facebook Passwords. Or Not.” [Robert Farago, The Truth About Guns]
It did come across as curious when the Facebook acquaintance only seemed to be interested in side effects of medications and whether I had suffered death or injury in an accident. What kind of icebreaker is that? Daniel Fisher at Forbes investigates and finds traces of marketing efforts on behalf of the firm of Parker Waichman. Under New York rules for lawyers, law firm advertising is supposed to be clearly marked as such, nor are its contents supposed to be false or misleading.
P.S. From commenter wfjag: “She wanted to know if I’d died or was suffering a lingering fatal condition. Especial interest in effects on The Brain. No pictures of faces and no information on family lives. I thought I’d finally found Zombie Dating.”
- Facebook fought dragnet-with-gag-order subpoena in NY police/fire disability-fraud case [Mike Masnick, TechDirt]
- Two lawyers charged in alleged plot to extort millions from wealthy sheik [ABA Journal]
- Judge declares mistrial, plans new trial date in case of allegedly faulty guardrails [Bloomberg, more, background]
- Last year Overlawyered made the “Hall of Fame” and from now through Aug. 8 you can nominate other sites for the ABA’s annual Blawg 100 honor;
- Supreme Court, which seldom grants cases raising non-delegation doctrine, agrees to hear Dept. of Transportation v. Assn. of American Railroads [Roger Pilon/Cato, Gerard Magliocca] And Prof. Philip Hamburger, author of bracing new book Is Administrative Law Unlawful (earlier), has just guest-blogged about it for a week at Volokh Conspiracy, and has a related podcast at Law and Liberty;
- David Henderson writes rave review of new Peter Schuck book Why Government Fails So Often [Regulation, PDF; excerpts also at Econlib and more, earlier on Schuck book]
- Legal academia stunned, in grief after highly regarded criminal law specialist Dan Markel is murdered in his Tallahassee home [PrawfsBlawg, Dave Hoffman, Marc DeGirolami]
It should realize the privilege of doing so is reserved for other societal institutions, like lawyers and the press. [National Journal]
We’re closing in on 3,000 likes for Overlawyered on Facebook. Could you take a moment to add one more? You can also like my professional page there (Walter Olson) if you’d like to see more of my writings, podcasts, etc. (especially those at places other than Overlawyered).
If you’re planning an event for your speaker series or a panel discussion, I speak on a wide range of topics including not only subjects found in my books (litigation and its excesses, popular views of the legal profession, legal zaniness in the workplace, law schools) but also on topics that include regulation and the nanny state; food and drink policy; and how law can try to calm rather than exacerbate the culture wars.
- How the Progressive movement changed thinking on free speech [David Bernstein]
- More “bullying” legislation: “A crime for teenagers to excoriate their unfaithful or abusive lovers on Facebook?” [Eugene Volokh on pending Colorado bill] “Crime to spread rumors about under-25-year-olds, to send ‘hurtful, rude and mean messages’ about them, or to make fun of them online?” [same; pending ordinance in Carson, Calif.]
- “First Amendment protects Internet search results: N.Y. judge” [Alison Frankel, Reuters]
- Wisconsin + other states too: “Last week, the enlightened citizens of Shorewood, Whitefish Bay and several other communities voted to repeal the freedom of the press and of the free speech rights of organizations ranging from the NAACP to the National Rifle Association.” [Rick Esenberg, Shark and Shepherd]
- NYC comptroller Scott Stringer, posing in investor hat, demands that Texas firm Clayton Williams Energy Inc. explain its political giving [AP]
- Look before you leap: some proposals billed as criminalizing revenge porn appear to criminalize far more than that [Scott Greenfield]
- Consumer secretly videotapes allegedly unneeded repairs at Missouri Chevrolet dealership, litigation ensues [Popehat]
For those who freaked out at those headlines Thursday, Daniel Fisher at Forbes has a corrective to the New York Times’ latest story advancing the trial lawyer campaign against arbitration. More: Eric Goldman. Sequel: General Mills quickly withdraws new policy, perhaps reasoning that even when the New York Times is wrong, a consumer marketing company really can’t win trying to argue with it. Yet more: Dave Hoffman with an analysis of whether the language actually creates a contract.