- “Eliminating the biases of all police officers would do little to materially reduce the total number of African-American killings”; that goal will require other reforms to police practice [Sendhil Mullainathan, New York Times; Peter Moskos and Nick Selby; Washington Post analysis of 2015 police shooting deaths; Heather Mac Donald, WSJ]
- “End Needless Interactions With Police Officers During Traffic Stops” [Conor Friedersdorf] “Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy” [Jonathan Blanks, Case Western Reserve Law Review]
- Dallas police department has lately enjoyed some of the best community relations in the country. Will murder of officers change that? [Radley Balko, his previous] Bonus: extraordinary story of Texas Gov. Greg Abbott’s leadership through personal crisis after the massacre [Austin American-Statesman]
- A failure of body cameras? Matthew Feeney on Baton Rouge shooting of Alton Sterling [Cato Daily Podcast] People who aren’t cops don’t get a day off before a shooting investigation [Jonathan Blanks, PoliceMisconduct.net] LEOBRs aside, “Police union contracts in 72 of 81 cities reviewed make it harder to hold police accountable” [Anthony Fisher, Reason]
- Missouri judge strikes down post-Ferguson state law limiting how much municipalities can keep from fines and fees [St. Louis Post-Dispatch]
- Elected Florida public defender, endorsed by police union, vowed not to oppose cuts to own office funds [Radley Balko]
- “Proposed Minneapolis ballot item would require police to carry insurance” [Minneapolis Star Tribune]
A good bit of creativity has gone into the faking of accidents and injuries, from NYC injury king Morris Eisen’s special ruler for photographing the size of potholes (calibrated fictitiously so as to exaggerate their size) to the Philadelphia auto guys who “went as far as to have employees gather and store deer blood, hair and carcasses in the shop’s garage to be used as props in photos that were later submitted with insurance claims.” And some are more audacious than creative, as when a California woman got in trouble after allegedly sending “faked treatment documents and burn photos from a hospital website” to bolster a hot coffee spill claim against McDonald’s.
An entertaining and informative treatment of this subject is Ken Dornstein’s 1996 Accidentally on Purpose: The Making of a Personal Injury Underworld in America, about which I wrote this review at the time. Excerpt from my review:
In Illinois, runners took over the Community Hospital of Evanston, dispensing with doctors’ supervision and discouraging “real” nurses from applying. (“You’re going to be so bored here. There is nothing to do.”) The driver of the courtesy van whisking clients from law offices told why he liked the job: “No one is really hurt” so “no one gets sick on me”.
True-crime books usually aim to show how the dirty deed is done, and this one does not disappoint:
How do I get started? For a “paper” accident, try inflicting “controlled damage” on a couple of cars with a sledgehammer in a dark parking lot. Insert passengers. Summon a witness. Gather broken glass in bags for re-use.
That was easy, what next? “Staged” accidents: Buy rustbuckets, insure one and run it into another one full of recruited claimants-to-be (“cows”). If you’re nice, give them pillows.
I need symptoms! “OK, you can take tingles, and you can take hips or your shoulder,” said one coach to his aspiring victims. “But don’t go saying the exact same things.” And be glad you aren’t being sent to one of the House of Pain operations that massage would-be claimants with sandpaper and jagged can lids or flog them with apple-filled sacks. Let alone “Nub City”, the Florida town that, in the 1970s, could boast that something like 10% of its population had practiced self-amputation for insurance, typically popping a left hand with a hunting rifle.
Vernon, Florida, subject of a famous documentary by Errol Morris, is the subject of coverage here (“By the end of the ’50s, the Florida Panhandle was responsible for two-thirds of all loss-of-limb accident claims in the United States.”) and here.
- The proportion of jobs requiring a license has risen from roughly 5 percent in the 1950s to 25 percent now, and why that matters [Edward Rodrigue and Richard V. Reeves, Brookings] Signs of bipartisan agreement that occupational licensing has gone too far [J.D. Tuccille, Reason] And surprisingly or not, it’s emerged as an Obama administration cause [Matt Yglesias, Vox]
- “25 quick takes (no kidding!) on the EEOC’s proposed national origin guidance” [Robin Shea]
- “Trial lawyers’ pecuniary interests have shifted our focus toward termination decisions, instead of hiring and promotion practices” [Merrily Archer]
- Is it lawful to move full-time employees to part-time work to avoid ObamaCare mandates? [Jon Hyman, related]
- Florida Supreme Court decision spells Christmas for workers’ comp lawyers, and insurers proceed to file 17 percent rate increase, so everyone’s happy [Insurance Journal]
- “Uber and the gig economy’s existential litigation threat” [Alison Frankel] Labor union grip on state legislature imperils benefits of sharing economy [Steven Greenhut]
Following the most lethal terror attack on U.S. soil since 9/11, I will set law and policy aside for this post.
Omar Mateen of Fort Pierce, Fla., known to the FBI as an Islamic State sympathizer and twice the subject of previous investigations, entered Orlando gay nightclub Pulse around 2 a.m. Sunday morning heavily armed and killed 50 persons after taking hostages. Authorities called his attack “well organized and well prepared”; Mateen had firearms training and according to reports had been scoping out gay clubs in the area before the attack.
As in two earlier attacks on American soil — those against a cartoon exhibition in Garland, Texas, and in San Bernardino, California — Mateen used contemporaneous public media (in this case, a 911 call) to pledge his allegiance to the leadership of Islamic State. As Rukmini Callimachi notes in today’s New York Times, this follows a protocol announced by Islamic State for independent fighters acting in sympathy with IS. A few hours later an Islamic State news agency hailed Mateen as an IS fighter, effectively accepting his pledge of allegiance.
The group’s head has urged followers in the West to act without prompting or coordination, selecting targets and employing attack methods in line with instructions published by IS. For example, IS has recommended capturing hostages and holding them in a sealed off space, which makes it likely that a prolonged siege situation will develop for maximum media interest, and that the attacker will die in an eventual police operation, reducing the likelihood of intelligence debriefing following a capture. As at the Bataclan in Paris, the passage of a long period before police rescue arrives tends to augur poorly for victims’ chances of survival.
The instructions-for-lone-wolves model is intended precisely to obviate the need for IS to know of or direct its supporters’ actions in advance. “The fact that there is no link back to the core is *by design* and is intended to protect the organization in an age of surveillance,” writes Callimachi on Twitter.
If you weren’t thinking of Gay Pride Month in a major American tourism city as a likely target for murderous jihadist attack, you should be. As Karol Markowicz writes on Twitter, “Just like it wasn’t a random ‘bunch of folks in a deli in Paris’, let’s not pretend it was a random bunch of folks in a club in Orlando.” If you’re gay, Islamic State’s ideology wants to kill you, even more than it wants to kill unbelieving Westerners in general. For us in America after today, that’s no longer the stuff of distant headlines.
After a Florida lawyer’s TV ads cultivate his “reputation for aggressively going after drunken drivers,” guess what happens next [New York Daily News]
Orlando trial lawyer John Morgan, whose personal injury law firm bids for the distinction of the nation’s largest, has long been active in politics and policy (including the good libertarian cause of legalizing medical marijuana). So there isn’t much that’s newsy about his hosting an April 29 fundraiser for Hillary Clinton headlined by former President Bill Clinton. More noteworthy is that his law firm, per a March 31 announcement, is now welcoming to its practice as of counsel wayward scion Robert F. Kennedy, Jr., the celebrity environmentalist and frothing hothead long associated with the Florida firm of Levin Papantonio. Along with Kennedy, of course, comes metric tons of baggage — on anti-vaccine scaremongering, on hyperbolic crusades against farms, on demands to put his ideological adversaries behind bars, as would-be EPA administrator, and so much more.
P.S. We have often referred to RFK for short in the past as America’s Most Irresponsible Public Figure®. Is it time to retire that nickname in light of the continued rise of other public figures who might justly contend for that title?
Occupational licensure, defended: “All those geology companies in Georgia and Alabama that have that certificate of authorization under their state will come into Florida to do that work and then our geologists will end up unemployed.” [Jim Ash, WFSU]
Related: “California’s Bipartisan Push Against Occupational Licensing” [Steven Greenhut, Reason]
- “Charlie Hebdo editor: Censorship must not win” [Charb/New York Post] Today, on anniversary of that attack, Cato hosts free speech attorney Robert Corn-Revere on “The Assassin’s Veto,” with comments from GWU lawprof Catherine Ross, moderated by John Samples [details, and watch live]
- Florida lawmakers muzzle doctors’ comments to patients regarding guns. 11th Circuit says okay. No, not okay [Ken White, Eugene Volokh]
- The ‘speech integral to criminal conduct’ exception, important in early free speech law, has come roaring back [Eugene Volokh; for the role of this doctrine in the Oregon cake case, see my post then and his]
- Good news if you’re a Wisconsin conservative who forgot to archive your emails: that nice John Doe prosecutor secretly did it for you [Watchdog]
- From Federalist Society national lawyers’ convention, Prof. Nicholas Quinn Rosenkranz interviews Kirsten Powers on her new book The Silencing (wobbly audio in early minutes, which eventually clears);
- “Ex-tenant barred from saying that ex-landlord had been in the Witness Protection Program, ‘[r]egardless of the truth or falsity of this information'” [Volokh]
- Lawprof Eric Posner wants to roll back First Amendment to curb ISIS recruitment. Hell, no [ABA Journal, Anthony Fisher/Reason, Ken White/Popehat]
- India monk: I’ll need eight months to respond to court summons because my religion requires me to get there on foot [BBC]
- NYC’s inhospitable treatment of cat cafes leaves you wondering if dogs get a better shake [Nicole Gelinas, New York Post]
- As VW litigation heats up, keep your eye on lawyers’ angling re: multi-district litigation, advises Ted Frank [Chamber-backed Legal NewsLine; Rob Green, Abnormal Use; yet more on multi-district litigation, John Beisner, Chamber ILR]
- A public health study “builds upon Critical Race Theory” to criticize results of Stand Your Ground doctrine in Florida, but most of the cases it uses weren’t decided on basis of that doctrine [Andrew Branco, Legal Insurrection]
- “Subway ‘Footlong’ Settlement: Lawyers Feed, Consumers Fast” [Judicial Hellholes, earlier, note also this on Subway’s affection for the term]
- Not only did the free market not cause that $750 generic pill, it might be on the way to generating a $1 alternative [Bonnie Kristian/Rare, my earlier take] Still, it’s a little more complicated than that, as Alex Tabarrok explains;
- Kathleen Kane saga: “Pennsylvania Attorney General Suspended from the Bar, Still Refuses to Quit” [Hans Bader, CEI]
- “Regulatory Crimes and the Mistake of Law Defense” [Paul Larkin, Heritage]
- Victims of sex offender registry laws, cont’d [Lenore Skenazy]
- James Forman, Jr.: case against mass incarceration can stand on its own without flawed Jim Crow analogy [Boston Review and N.Y.U. Law Review, 2011-12]
- “For-profit immigration jails, where the inmates — convicted of nothing — work for less than peanuts.” [@dangillmor on Los Angeles Times]
- “The New Science of Sentencing: Should prison sentences be based on crimes that haven’t been committed yet?” [Marshall Project on statistically derived risk assessments in sentencing]
- Group of 600 New England United Methodist churches issues resolution calling for an end to Drug War [Alex Tabarrok, who was also profiled the other day]
- Prison guard in Florida speaks up about witnessing abuse of inmate, and pays a price [disturbing content, Miami Herald]