- Consumer Financial Protection Bureau cracks down on “rent-a-D.A.” scheme in which private debt collector acquired right to use prosecutor’s letterhead [Jeff Gelles, Philadelphia Inquirer, earlier here and here]
- What Santa Ana, Calif. cops did “after destroying –- or so they thought –- all the surveillance cameras inside the cannabis shop.” [Orange County Weekly via Radley Balko]
- Maryland reforms mandatory minimums [Scott Shackford/Reason, Sen. Michael Hough/Washington Times]
- Locking up past sex offenders for pre-crime: “Civil Commitment and Civil Liberties” [Cato Unbound with Galen Baughman, David Prescott, Eric Janus, Amanda Pustilnik; Jason Kuznicki, ed.]
- Two strikes and you’re out, Sen. Warren? Or is there some alternative to DPAs/NPAs (deferred prosecution agreements/non-prosecution agreements?) [Scott Greenfield, Simple Justice]
- Covert cellphone tracking: “Baltimore Police Admit Thousands of Stingray Uses” [Adam Bates, Cato, related on Erie County/Buffalo]
- “Citizens face consequences for breaking the law, but those with the power to administer those laws rarely face any.” [Ken White, Popehat] “61% of IRS Employees Who Cheated On Their Taxes Were Allowed To Keep Their Jobs” [Paul Caron, TaxProf]
“Thus passed another tense moment in what local officials say has become the town of Chevy Chase’s lengthiest, costliest, and most litigious neighborhood spat in recent memory. What began as a contested building permit six years ago has spiraled into a clash of wills, spawning five lawsuits, two misdemeanor convictions, arrests, anger-management classes, and a [no-contact] court order.” [Terrence McCoy, Washington Post] Last month we noted what one resident called the “farcically overregulated” state of land use controls in the affluent Maryland community, which is located just over the border from Northwest D.C.
- Alan Dershowitz, Harvard lawprof, suing TD Garden over slip and fall in bathroom three years back [Boston Globe]
- “Harsh Sanction Proposed For Attorney Who Blogged About Probate Case” [Mike Frisch, Legal Profession Blog]
- Maryland veto sets back reform: “Governor Hogan, Civil Asset Forfeiture Is Inherently Abusive” [Adam Bates, Cato]
- “‘Vape’ bans have little to do with public health” [Jacob Grier, Oregonian in February]
- Academics prosper through expert witness work, part one zillion [Ira Stoll]
- Sounds good: call for civil procedure reform includes fact-based pleading, strict discovery limits, case-specific rules, and more [Jordy Singer, Prawfs, on recommendations from American College of Trial Lawyers Task Force on Discovery and Civil Justice and Institute for the Advancement of the American Legal System]
- Draft plan would arm FTC with vast power over data practices [James C. Cooper, Morning Consult, via @geoffmanne]
- Following student complaints, Northwestern Prof. Laura Kipnis investigated by her university over an essay she wrote on campus sexual politics [Jonathan Adler and more, Chronicle of Higher Ed (Kipnis cleared amid nationwide furor), Glenn Reynolds] Flashback: How NPR, the Center for Public Integrity, and federal officials fueled the campus sex assault panic [Christina Hoff Sommers, The Daily Beast, January] Harvard lawprof Janet Halley, who battles for rights of Title IX accused, is anything but conservative [Harvard Crimson] “The pretense of ‘neutrality’ … has its roots in privilege.” Popehat’s wicked satire of academia looks so real;
- Throwing Skittles on a school bus = “interference with an educational facility” [Louisiana, Lowering the Bar]
- To reduce stigma, or so it’s said, Maryland will serve free school breakfast and summer meals to more children whether they’re poor or not. Why cook for your kids when the state will do it? [my Free State Notes post]
- Will high school football still be around in 2035? “Iowa Jury Awards Injured Ex-High School Football Player $1M” [Insurance Journal]
- “Maryland’s ‘free range’ parents cleared of neglect in one case” [Washington Post, earlier]
- St. Paul, MN schools in recent years embraced latest progressive nostrums on discipline, mainstreaming, cultural difference. Results have not been happy [Susan Du, City Pages]
- “Two-Thirds of Risk Managers Say Frats Are Major Liability” [Inside Higher Ed] California trend spreads as Connecticut Senate passes affirmative consent bill for college disciplinary policies [West Hartford News/CT News Junkie]
- “To the public, a car’s status is binary: it is either broken or working, flawed or functional.” But to an engineer… [Malcolm Gladwell, New Yorker; our coverage of autos and sudden acceleration]
- Canadian court awards special costs, akin to sanctions, for bad litigant conduct in “Real Housewives of Vancouver” divorce case [CBC]
- As IRS scandals grind on, lawyers defending agency meet with less than favorable reception before D.C. Circuit panel [Scott Johnson, Power Line, our earlier takes here, here, etc.]
- Gov. Larry Hogan signs Tesla bill, okay. But Maryland auto buyers should be demanding more freedom than that [my Free State Notes, related Peter Van Doren, Cato and Nick Zaiac, Maryland Public Policy Institute]
- Why one victim of Washington, D.C.’s peeping-Tom rabbi isn’t suing [Bethany S. Mandel]
- After Illinois Supreme Court rules that state constitution forbids lawmakers ever to cut public pensions for any reason, Moody’s slashes Chicago bond rating to junk status [Daniel Fisher; David Skeel, On Labor]
- Panel on Capitol Hill tomorrow (Fri., 5/22) on lessons of Baltimore with Cato’s Tim Lynch, Matthew Feeney, Michael Tanner, moderated by Peter Russo [register or watch online] Richard Epstein on Baltimore with a critique of both 1) police unions and 2) Ta-Nehisi Coates’s apologia for violence [Hoover “Defining Ideas”]
Caleb Brown interviewed me for the Cato Daily Podcast on the rise of union-backed legislation in more than 15 states throwing up procedural barriers to investigating or firing police officers charged with misconduct. Maryland was the first state to pass such a law, back in the 1970s, and it has now been debating proposals to trim it back, which have intensified in the aftermath of the Freddie Gray story in Baltimore. Earlier on LEOBR/LEOBoR laws here and, generally, here, and be sure to check out Ken White’s annihilating post on the concept at Popehat, with comment discussion.
P.S. Perhaps not unrelated: charged officer “had been accused of theft four previous times” but was still on the Baltimore force [AP after surveillance cameras in federal sting operation allegedly showed officer pocketing thousands of dollars in a hotel room]
Discontent at a land-use control process perceived as “condescending and obnoxious” helped fuel a surprise voter revolt in affluent Chevy Chase, Md., just across the D.C. border in Montgomery County. [Washington Post] Aside from intensive review of requests to expand a deck or convert a screened-in porch to year-round space, there are the many tree battles:
[Insurgents] cite the regulations surrounding tree removal as especially onerous. Property owners seeking to cut down any tree 24 inches or larger in circumference must have a permit approved by the town arborist and town manager attesting that the tree is dead, dying or hazardous.
If turned down, residents can appeal to a Tree Ordinance Board, which applies a series of nine criteria to its decision, including the overall effect on the town’s tree canopy, the “uniqueness” or “desirability” of the tree in question and the applicant’s willingness to plant replacement trees.
Joline Gutierrez Krueger at the Albuquerque Journal with the tale of the $16,000 in cash that “Joseph Rivers said he had saved and relatives had given him to launch his dream in Hollywood … seized during his trip out West not by thieves but by Drug Enforcement Administration agents during a stop at the Amtrak train station in Albuquerque. An incident some might argue is still theft, just with the government’s blessing.” The government hasn’t charged Rivers with anything and, under the rules of civil asset forfeiture, doesn’t have to:
“We don’t have to prove that the person is guilty,” [Albuquerque DEA agent Sean] Waite said. “It’s that the money is presumed to be guilty.”
Meanwhile, despite the U.S. Department of Justice’s promise to stop seizing bank accounts in future in cases where violations of laws against bank deposit “structuring” (keeping them under the $10,000 reporting threshold) are not connected with any underlying crime, it continues to hold on to money already in the seizure pipeline. That includes the $107,000 grabbed from Lyndon McLellan, who runs L&M Convenience Mart in rural North Carolina, according to the New York Times. “You work for something for 13, 14 years, and they take it in 13, 14 minutes.” More about the case from Jacob Sullum and Adam Bates.
A prosecutor wrote menacingly to McLellan’s lawyer about the publicity the case had been getting:
“Your client needs to resolve this or litigate it,” Mr. West wrote. “But publicity about it doesn’t help. It just ratchets up feelings in the agency.” He concluded with a settlement offer in which the government would keep half the money.
In other forfeiture news, the Senate Judiciary Committee held a hearing on the dangers of forfeiture laws (there to defend the laws: Fraternal Order of Police national president Chuck Canterbury, seen in this space just a few days ago defending police officers “bill of rights” laws) And the Maryland legislature has sent a forfeiture reform bill to the desk of Gov. Larry Hogan [Maryland Reporter]
Mike Rappaport at Liberty and Law explores how special interest politics contributes to shielding police misconduct, including the role of Law Enforcement Officers Bill of Rights laws (earlier). More on LEOBR/LEOBoR laws in two articles quoting me: Daniel Menefee, Maryland Reporter/WMAL and other outlets, on prospects for reform of the Maryland law; Kris Ockershauser, Pasadena Weekly, citing coverage last year from Jim Miller of the McClatchy papers on California’s tight restrictions on public access to police disciplinary records, which grew in part out of the state’s enactment of the 1976 Public Safety Officers Procedural Bill of Rights Act.
Related: Ross Douthat (New York Times), “Our Police Union Problem“. And for everyone who, like me, has been noticing the parallels between bad cop entrenchment and teacher tenure, Charles Lane wants to call our attention to the pending Supreme Court case of Friedrichs v. California Teachers Association, on dues [Washington Post, earlier and more on Friedrichs]
As surmised earlier, Maryland knife law has emerged as an issue in the Freddie Gray story; Gray’s death in police custody has now resulted in the filing of charges against six police officers, the most serious charge, “depraved heart murder,” being leveled against the driver of the police van from which Gray, unbelted, emerged with fatal injuries. [Washington Post] More links on “rough rides” here, here, and here. “The Baltimore police union defended the officers involved…. ‘none….are responsible'” [Baltimore Sun, The Hill, Ed Krayewski/Reason] Some obstacles for the prosecution [Associated Press]
Update, Colin Campbell, Baltimore Sun:
The separate investigations by police and prosecutors have some conflicting findings.
While Mosby said Friday that the officers had made an illegal arrest because a knife Gray was carrying was not a “switchblade,” a violation of state law, the police task force studied the knife and determined it was “spring-assisted,” which does violate a Baltimore code.
More from Twitchy link roundup (investigators have not yet released picture of knife or other information that could help identify model and resolve dispute), Andrew Branca (Baltimore code bans “spring-assisted” weapons not banned under Maryland law; also, reasonable mistake of law on illegality of weapon might still support probable cause finding).