- Tony Jalali case: “Anaheim, feds try to seize office building under forfeiture laws because owner rented to medical marijuana dispensaries” [@radleybalko, Institute for Justice]
- Judge Ciavarella, of cash-for-kids Pa. scandal, sentenced to 28 years [Citizens Voice, background]
- Explosion in US prison population isn’t just from War on Drugs [Pfaff via Greenfield] Reform of (and reduction in) incarceration too important to be left to liberals [Eli Lehrer, Weekly Standard]
- “Report details lives ruined for children put on sex-offender registries” [Susan Ferriss, Center for Public Integrity via Lenore Skenazy]
- Criminal justice reform, per the NAACP’s Ben Jealous, is “one area where GOP can connect with black voters” [Jeremy Kolassa]
- “It’s actually a really good book, making me despise Geragos all the more.” [Scott Greenfield reviews Mistrial] And an oldie but goodie: Greenfield reviews “The Complete Idiot’s Guide to the Criminal Justice System”;
- Alleged “duty injury king” of Cook County jail dethroned after one comp claim too many [Chicago Sun-Times]
- Tip from Georgia cops: avoid situations where you might have to cling to hood of moving car [Lowering the Bar]
- ABA’s evidently already made up its mind to oppose Stand Your Ground (SYG) laws, but is holding public “hearings” on the topic anyway [ABA Journal]
- Don’t forget to check out Cato’s National Police Misconduct Reporting Project, which you can also follow on Twitter and like on Facebook
Tagged as:
Chicago,
crime and punishment,
forfeiture,
illegal drugs,
Luzerne County judicial scandal,
self-defense,
workers' compensation
- Oh, American Academy of Pediatrics, why are you so consistently wrong? On videogames, on food-ad bans, on guns, CPSIA…
- New book by Annette Fuentes, Lockdown High: When the Schoolhouse Becomes a Jailhouse [John Harris, Guardian]
- There are genuine problems with some countries’ international adoption practices, but should UNICEF really be pushing toward a “leave the kids in orphanages” alternative? [Nick Gillespie on Reason documentary to be released tomorrow]
- At expense of both federalism and religious accommodation, bill entitled “Every Child Deserves a Family Act” (ECDFA) would impose anti-bias rules on state adoption and foster care programs [Washington Blade]
- Cash-for-kids Pennsylvania judge: “Former Luzerne judge Conahan sentenced to 17.5 years” [Times-Tribune, our earlier coverage]
- “Met a guy who works at my old summer camp. Bunks still do raids on other bunks, but their counselors have to file raid forms first. How sad.” [@adamlisberg]
- Sex offender registry horror story #14,283 [Skenazy]
- “Safety rules rob pupils of hands-on science, say MPs” [Independent, U.K.]
- Gee, who could’ve predicted that? NJ’s aggressive “anti-bullying” law leads to new problems [NYT, Greenfield, PoL, NJLRA] Rapid growth in bullying law assisted by push from Obama administration [WSJ Law Blog, Kenneth Marcus/Federalist Society, Bader]
Tagged as:
bullying,
child protection,
CPSIA,
family law,
guns,
Luzerne County judicial scandal,
recreation,
science and scientists,
United Nations,
zero tolerance
- Judge Ciavarella defiant after racketeering conviction in Pennsylvania cash-for-kids horror [TheLegalIntel, Sullum and more, WSJ Law Blog, Greenfield, earlier]
- Widener lawprof Lawrence Connell facing discipline over hypotheticals in class [Orin Kerr, NLJ, interview at NAS]
- “Do we even want to remain a child care center if we have to eliminate all the parts we love?” [Free-Range Kids] Lawsuit fears tame a Frederick, Md. ice playground [same]
- Marquette lawprof Rick Esenberg on Wisconsin showdown [first, second, third posts]
- A patent owner, the Chicago Tribune and Sen. Durbin: Anatomy of a pool drain scare story [Woldenberg, AmendTheCPSIA.com]
- Mayor Thomas Menino vows to save Boston from scourge of everyday low prices [Mark Perry]
- “Comp Hearing Scheduled ‘On the Sly’ for Texting Cop Who Caused Fatal Accident” [Debra Cassens Weiss, ABA Journal] “Paying for bad cops” [Balko]
- Demand for shaker abstinence: nosy, hectoring CSPI files suit asking that salt in food be subjected to FDA regulation [six years ago on Overlawyered]
Tagged as:
Boston,
Chicago,
law schools,
Luzerne County judicial scandal,
police,
pools,
Wal-Mart,
Wisconsin,
workers' compensation
Before the sensational revelations of corruption in juvenile justice sentencing, investigators had been tipped off about suspicious judicial handling of car-crash arbitrations and suits filed by attorneys in the Pennsylvania county. Those are rumored to be among the focus points of ongoing probes directed at attorneys as well as judges and those in other branches of government. [Legal Intelligencer]
Tagged as:
Luzerne County judicial scandal
- Pa. cash-for-kids judge allegedly came up with number of months for length of sentence based on how many birds could be seen out his office window [Legal Ethics Forum, with notes on ornithomancy or bird divination through history]; “The Pa. Judicial Scandal: A Closer Look at the Victims” [WSJ Law Blog on Philadelphia Inquirer report]; feds charge third county judge with fraud [Legal Intelligencer, more]; state high court overturns convictions of 6,500 kids who appeared before Ciavarella and Conahan [Greenfield]; judge orders new trial in Ciavarella’s eyebrow-raising $3.5 million defamation verdict against Citizens’ Voice newspaper in Wilkes-Barre; some web resources on scandal [Sullum, scroll to end]
- Says drinking was part of her job: “Stripper’s DUI Case Survives Club’s Latest Attack” [OnPoint News, earlier]
- Hundreds of lawyers rally to protest Sheriff Arpaio, DA Thomas [Coyote, Greenfield, ABA Journal, Mark Bennett interview with Phoenix attorney Jim Belanger, earlier here, here, and here]. In deposition, Arpaio says he hasn’t read book he co-authored in 2008 on immigration [Balko, Coyote] And as I mentioned a while back, Maricopa D.A. Andrew Thomas turns out to be the very same person as the Andrew Peyton Thomas toward whom I was uncharitable in this Reason piece quite a while back.
- Ted Roberts, of the famous sex-extortion case, begins serving five-year term [AP/Dallas News, KENS]
- New Hampshire lawsuit over leak of documents to mortgage gadfly site raises First Amendment issues [Volokh, earlier here and here]
- Did someone say paid witness? Judge tosses decade-old animal rights case vs. Ringling circus [Orlando Sentinel, Zincavage] Bonus: Ron Coleman, Likelihood of Confusion, on PETA and Michelle Obama;
- How’d foreclosure tax get into Connecticut budget when both parties claimed to oppose it? [Ct. News Junkie]
- Best-legal-blog picks of Ryan Perlin, who writes “Generation J.D.” for the Maryland Daily Record, include one that’s “humorous though sometimes disheartening”, while La Roxy at Daily Asker salutes a certain website as “Lurid, i.e. satisfying”. Thanks!
Tagged as:
accolades,
animal rights,
Luzerne County judicial scandal,
newspapers,
online speech,
Phoenix,
Roberts sextortion,
strippers and exotic dancers
- Federal judge rejects lenient plea deal for two judges in Luzerne County, Pa. judicial scandal [ABA Journal, Scott Greenfield] More: allegations of extensive abuses including “rampant case-fixing and payoffs” [Hank Grezlak and Leo Strupczewski, Legal Intelligencer] Charges of impropriety in handling defamation case handed down against Wilkes-Barre newspaper [Strupczewski, same] Improprieties in that libel case denied [ABA Journal] Should juvenile convictions by Judge Mark Ciavarella Jr. be vacated? [ABA Journal]
- Law and a banana: Page-one Wall Street Journal treatment of fruit pesticide litigation fraud [yesterday's paper, PoL] Further: Cal. Civil Justice (“trained like a parrot”, “super lawyer”), L.A. Times and more, earlier.
- “Can it be true that some Girl Scout camps FORBID climbing trees?” [Skenazy, Free Range Kids]
- Katy Perry (U.S. pop singer) vs. Katie Perry (Australian fashion designer) trademark lawsuit [Bryan Quigley, Institute for Legal Reform] Suit has now been dropped [Katie Perry website, h/t @lenejohansen]
- Emergency room blogger White Coat wraps up his malpractice-suit saga [collected posts]
- “Automated shakedown racket sends legal threats, demands cash” [BoingBoing; copyright infringement demand letters]
- More coverage of New Mexico baseball-hit-into-stands liability ruling [Hochfelder/PoL, Stossel, earlier]
- Do not anger Texas criminal defense law blogger Mark Bennett. Just don’t [Popehat]
Tagged as:
banana pesticide litigation fraud,
baseball,
copyright,
Luzerne County judicial scandal,
medical malpractice,
New Mexico,
Pennsylvania,
Texas,
trademarks,
trees
- New court allegations that disgraced Luzerne County, Pa. judges fixed civil cases as well [Legal Intelligencer; earlier here and here]
- Half-hopeful, half-sad story of Florida town’s efforts to live down “Nub City” insurance-fraud notoriety [St. Petersburg Times a while back, but new to me; Errol Morris film; my review of Ken Dornstein's book]
- Evidence continues to roll in against once-touted theory that bans on smoking in public places result in dramatic overnight drop in heart attack rates [Sullum, Reason "Hit and Run", earlier here and here]
- Maybe everyone’s too used to such things by now to get riled up by that pic of garishly painted “1-800-LAWYERS” van [Ron Miller; earlier]
- Magazines often found on scene at law enforcement raids = guilty magazines that should be banned from mails? [McClatchy "Suits and Sentences" blog; earlier on cockfighting periodicals Apr. 24, etc.]
- Lawprofs: Let’s carve bigger religious-conscience exemptions into antibias laws [Robin Wilson, L.A. Times; Dale Carpenter series at Volokh; Ira Lupu, ConcurOp via Orin Kerr]
- UK: “Parents sue NHS over ‘wrongful birth’ of disabled son” [Times Online, our earlier coverage of concept]
- Throw bloggers in prison because their posts cause emotional distress? Have fifteen members of Congress gone completely mad? [David Kravets, Wired "Threat Level", earlier]
Tagged as:
animal rights,
bloggers and the law,
discrimination law,
Florida,
free speech,
insurance fraud,
Luzerne County judicial scandal,
same-sex marriage,
smoking bans,
wrongful birth and wrongful life
- Topic we’ve covered before: should the MCAT exam for prospective M.D.s grant extra time to applicants with learning disabilities? [KevinMD]
- Virginia blogger Waldo Jaquith fighting subpoena seeking identities of anonymous commenters [Citizen Media Law, earlier]
- A free marketer’s case for why fired professor Ward Churchill might deserve to win his case against the University of Colorado [Coyote Blog]
- She videotaped cops arresting her son. They took her camera. Could she have it back, please? [Ken @ Popehat]
- Despite Obama campaign hints of Second Amendment truce, lower-level appointees far from gun-friendly [Dave Kopel] And new State Department legal advisor Harold Koh pushed international curbs on small-arms trade [Fonte, NRO "Corner"]
- U.K.: “Man Who Attempted Suicide Sues Hospital that Saved Him” [Telegraph via Lowering the Bar]
- National media jump on Luzerne County, Pa. judicial scandal, some details I hadn’t seen in earlier coverage [NYT, ABA Journal]
- Atlanta jury — of 11 women and one lone guy — awards $2.3 million for circumcision injury [Fulton County Daily Report]
Tagged as:
bloggers and the law,
colleges and universities,
disability & schools,
guns,
Luzerne County judicial scandal,
police,
suicide,
United Kingdom
- A triumph for good sense, good policy, and the Constitution: Supreme Court declines to disturb 2005 Protection of Lawful Commerce in Arms Act, thus ending NYC’s wrongful and unfair lawsuit against gun makers [AP/Law.com] Interestingly, the Obama administration joined its predecessor in urging that the law’s constitutionality not be questioned [Alphecca] One of my fond memories is of giving the lead presentation to the House Judiciary Committee at a hearing on the bill during its drive for passage.
- “Tinkering With DWI Evidence Costs NY Judge and Law Prof Their Jobs” [ABA Journal; Buffalo, N.Y.]
- Coalition of media organizations urges First Circuit to reverse judge’s “truth-no-defense” defamation ruling, but the Circuit denies en banc rehearing [Bayard/Citizen Media Law and sequel; earlier]
- Car-crash arbitration-fixing angle heating up in probe of Luzerne County, Pennsylvania judicial scandals [ABA Journal]
- ACORN helping with the Census? Based on their voter work, we can be sure they’ll give it that 110% effort [Jammie Wearing Fool]
- To protect the public, why do you ask? Cook County, Ill. sheriff engages in “constant surveillance of Craigslist’s erotic services” [Patrick at Popehat]
- Imposed-contract provisions mean that Employee Free Choice Act is “not as bad as thought. It’s worse!” [Kaus]
- West Virginia lawmaker proud of introducing ban-Barbie bill: “If I’ve helped just 10 kids out with this, to me it was worth it” [AP/Charleston Gazette-Mail, earlier]
Tagged as:
card check,
Craigslist,
Employee Free Choice Act,
guns,
Luzerne County judicial scandal,
Protection of Lawful Commerce in Arms Act,
scandals
The Philadelphia Inquirer and its columnist Daniel Rubin on the Luzerne County juvenile justice scandal (via Obbie). One detail I hadn’t known: after teenagers were sent on minor or dubious charges to the detention centers from which Judges Ciavarella and Conahan were getting kickbacks, their parents were made to pay the costs of their detention, their wages sometimes garnished when they fell behind.
Tagged as:
Luzerne County judicial scandal
- “Illinois trial lawyers take a swing at youth baseball” [Curt Mercadente, Illinois Civil Justice League]
- Luzerne County, Pa. scandal: “Court Filing Says Former Judge Met With Felons Twice a Month” [Legal Intelligencer]
- You’d think Obama could find some person without major-league trial lawyer connections for the cabinet seat on health, but you’d be wrong [Wood, PoL, on Kathleen Sebelius, and earlier on Tom Daschle]
- Remember the many times when town officials do or say something arguably racist and the U.S. Department of Justice opens an investigation? Doesn’t seem to happen with the Detroit City Council [Nolan Finley, Detroit News]
- Copyright enforcement doesn’t scale and that’s another reason its future looks bleak [David Post @ Volokh]
- Thought it wasn’t going to happen? “Some Passengers Mull Lawsuits Over Life-Saving US Airways Crash-Landing” [ABA Journal, WSJ law blog, earlier here and here]
- Sex shop that suddenly appeared in genteel Old Town Alexandria, near D.C. is sort of the zoning equivalent of a spite fence [WaPo]
- Claim of British researchers: lawyers’ IQ-point edge over general public has declined over last decade [The Lawyer]
Tagged as:
airlines,
baseball,
copyright,
Detroit,
Illinois,
Kathleen Sebelius,
Luzerne County judicial scandal,
Tom Daschle
- “God convinces woman to withdraw her voodoo-related lawsuit” [Minneapolis Star-Tribune via Obscure Store]
- Federal, state judges differ on whether wildlife officials can be sued over fatal Utah bear attack [Heller/OnPoint News]
- GPS helped trip him up: highest-paid Schenectady cop sure seems to spend a lot of time off patrol in a certain apartment [Greenfield]
- More coverage of Luzerne County, Pa. corrupt-judge scandal, including reputed mobster link [Legal Intelligencer/Law.com, ABA Journal, earlier here and here]
- Reductio ad absurdum of laws dictating where released sex offenders can live: proposal to keep them from living near each other [Giacalone and sequel]
- Defamation suits: “What happens when it’s the plaintiff that is anonymous, and wants to stay that way?” [Ron Coleman]
- Scalia: “Honest Services” fraud statute lacks any “coherent limiting principle” to restrain runaway prosecution [Grossman/PoL, Kerr/Volokh, Hills/Prawfsblawg]
- Because they’d never enact a law except to deal with a real problem: “Kentucky Prohibits First Responders from Dueling” [Lowering the Bar]
Tagged as:
Kentucky,
Luzerne County judicial scandal,
police,
prosecution,
Utah
- Surprising origins of federal corruption probe that tripped up Luzerne County, Pa. judges who were getting kickbacks on juvenile detention referrals: insurers had noted local pattern of high car-crash arbitration sums and sniffed collusion between judges and plaintiff’s counsel [Wilkes-Barre Times Leader, Legal Intelligencer] Court administrator pleads to theft [Times Leader] Judge Ciavarella had secret probation parole program [PAHomepage]
- We get accolades: “Overlawyered.com has a new look. Great new format, same good stuff,” writes ex-securities lawyer Christopher Fountain, whose real estate blog I’m always recommending to people even if they live nowhere near his turf of Greenwich, Ct. [For What It's Worth]
- “Fla. Jury Awards $8M to Family of Dead Smoker in Philip Morris Case” [ABA Journal; for more on the complicated background of the Engle case, which renders Florida a unique environment for tobacco litigation, start here]
- Scott Greenfield vs. Ann Bartow vs. Marc Randazza on the AutoAdmit online-bathroom-scrawl litigation, all in turn playing off a David Margolick piece in Portfolio;
- Eric Turkewitz continues his investigations of online solicitation by lawyers following the Buffalo crash of Continental Flight #3407 [NY Personal Injury Law Blog, Mon. and Tues. posts; earlier]
- One vital element of trial management: keep track of how many jurors there are [Anne Reed, Deliberations]
- Public Citizen vs. public health: Sidney Wolfe may succeed in getting the FDA to ban Darvon, and the bone marrow transplant nurse isn’t happy about that [Dr. Wes, KevinMD, more on Wolfe here]
- “Baseball Star’s [uninfected] Ex Seeks $15M for Fear of AIDS” [OnPoint News, WaPo, New York Mets star Roberto Alomar]
Tagged as:
accolades,
arbitration,
AutoAdmit,
baseball,
chasing clients,
Connecticut,
FDA,
Florida,
juries,
Luzerne County judicial scandal,
online speech,
Pennsylvania,
Public Citizen,
real estate,
tobacco
Two senior judges in Luzerne County, Pennsylvania, have taken a plea agreement under which they will serve seven years in prison. The judges are “alleged to have pocketed $2.6 million in payments from juvenile detention center operators”. After helping the center operators secure a county contract, according to their critics, Mark A. Ciavarella Jr. and Michael T. Conahan then proceeded to railroad hundreds of kids to the centers on petty charges to provide the operators with a clientele to serve (Philadelphia Inquirer, Legal Intelligencer, Wilkes-Barre Times-Leader and more via Instapundit)
Tagged as:
crime and punishment,
judges,
kickbacks,
Luzerne County judicial scandal,
Pennsylvania