Deposed press lord Conrad Black is taking a public stand against the law enforcement and corporate-governance authorities that put him behind bars. [Andrew McCarthy/The New Criterion, earlier]
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Posts tagged as:
prosecution
- NLRB rules employment contracts that specify arbitration for group grievances violate federal labor law even in nonunion workplaces [D. R. Horton, Inc. and Michael Cuda; Ross Runkel, Corporate Counsel]
- Richard Epstein on “living wage” legislation [Defining Ideas]
- In Greece, law providing early retirement for “hazardous” jobs was extended to some that are not so hazardous, like hairdressing, pastry making and radio announcing [Mark Steyn via Instapundit, IBTimes, Reuters]
- “Prosecutor’s double-dippers draw millions from New Jersey pension funds” [Mark Lagerkvist, DC Examiner] Even if convicted on felony charges of misappropriation of public funds, Beverly Hills school superintendent unlikely to forfeit pension [LA Times]
- “Against Forced Unionization of Independent Workers” [Ilya Shapiro on Cato amicus brief in Harris v. Quinn]
- Whoops: UAW officials appeal extortion sentence, 6th Circuit sends it back as too lenient [AutoBlog via Kaus]
- New York appeals court makes it harder to get weak NYC job-bias cases dismissed on summary judgment [Judy Greenwald, Business Insurance] Connecticut’s job-bias commission doesn’t seem to consider any cases frivolous any more [Daniel Schwartz]
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Kim Strassel has a must-read piece at the Wall Street Journal exposing the politics of the Lacey Act’s extension to importation of plant products, by no means fueled just by inflexible environmentalist sentiment: crucially, wood-products industry and union forces recognized that the law could serve as a way to eliminate competition from imports.
Trees are ubiquitous, are transformed into thousands of byproducts, and pass through dozens of countries. Whereas even a small U.S. importer would know not to import a tiger skin, tracking a sliver of wood (now transformed into a toy, or an umbrella) through this maze of countries and manufacturing laws back to the tree it came from, would be impossible.
Furniture maker Ikea noted that even if it could comply with the change, the “administrative costs and record-keeping requirements” would cause furniture prices to “skyrocket.” The wood chips that go into its particleboard alone could require tracking back and reporting on more than 100 different tree species.
Which is exactly what the Lacey expanders wanted.
The WSJ also recently interviewed Gibson Guitar CEO Henry Juszkiewicz [related, Reuters; earlier] while Pat Nolan points out how the feds’ raid on the facility points up many evils of unbridled prosecution power [NRO] Musicians and others held a “We stand with Gibson” rally and concert [Mark Perry, rally pics] As for press coverage, Andrew Revkin at the NYT notes that outrage over the raid is energizing those horrid “anti-regulatory campaigners” ["DotEarth"] while an op-ed contributor at the paper explains that (not to sound like those same awful campaigners!) the operation of the Lacey Act does indeed menace innocent artisans who make musical instruments [Kathryn Marie Dudley] Tim Cavanaugh finds the L.A.Times strumming a derivative ideological tune, while Radley Balko notes, in a police-restraint-for-me-but-not-for-thee vein, that a reporter arrested at Occupy Nashville had mocked concern over the gun-toting Gibson raid. More: ABA Journal.
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- Six-year-old charged with sexual assault [Channel3000.com, Wisconsin; Radley Balko]
- “Beware: Cities Hunting You Down For Reagan-Era Parking Tickets” [David Kiley, AOL]
- Waco, Texas: “McLennan DA fights DNA testing because exonerations override juries” [Grits for Breakfast] Robert Mosteller, “Failures of the Prosecutor’s Duty to ‘Do Justice’ in Extraordinary and Ordinary Miscarriages of Justice” [Legal Ethics Forum]
- Controlled substances: “Could a US lawyer lawfully counsel clients about this proposed new law?” [John Steele, LEF]
- Mens rea erosion a “deeply troublesome trend” [Kevin LaCroix on WSJ] “Trial penalty,” long sentence minimums give prosecutors muscle to extract plea deals [NYT, Sullum] “Settlements feed U.S. prosecutor overreach” [Reynolds Holding, Reuters BreakingViews] “Responsible corporate officer doctrine” worries pharma defense lawyers [WSJ Law Blog] “The continuing quest to criminalize business judgment” [Kirkendall]
- “More than three-quarters of turn-of-the-century Chicago homicides led to no criminal punishment — not because the perpetrator could not be identified, but because no jury would convict.” [William Stuntz's posthumous book via Cowen]
- “Scalia criticizes narcotics laws” [for over-federalization] [WSJ]
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My new Cato post has a suggestion for Time magazine: how about prosecuting only the executives who’ve actually committed crimes? (& Kenneth Silber, RealClearPolitics “Best of the Blogs”). Related: Politico.
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My new op-ed at the New York Post looks at the history of Spitzer-to-Cuomo-to-Eric Schneiderman prosecutorial overreach and asks: how exactly did the New York Attorney General come to have so much power with so little constraint? (& welcome Instapundit, Real Clear Markets, Timothy Carney/Examiner, CEI readers)
More: I and others have written about the act here and at Point of Law.
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Prosecutors bring in adorable “therapy dogs” to assist witnesses in rape and abuse trials. Aside from the jury sympathy issue, and the possible sending of “this is a victim” signals, defense lawyers argue that the dogs’ presence makes testimony easier whether accusations are true or not: “They argue that as a therapy dog, Rosie responds to people under stress by comforting them, whether the stress comes from confronting a guilty defendant or lying under oath.” [N.Y. Times] More: Greenfield.
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Great WSJ article on the unending proliferation of federal crimes, with appearances by a family that ran into a law making it a felony to dig for arrowheads on federal land, Bobby Unser and his snowmobile-astray ordeal, and a man effectively ruined by the $860,000+ cost of successfully defending himself against a federal charge of violating Russian hunting regulations.
“Most people think criminal law is for bad people,” says Timothy Lynch of Cato Institute, a libertarian think tank. People don’t realize “they’re one misstep away from the nightmare of a federal indictment.”
More: from Tim Lynch, and (via PoL) Josh Blackman, William Anderson/Regulation mag.
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Jeff Rosen has a sharp review in the New York Times of a new book by veteran business writer James Stewart entitled “Tangled Webs: How False Statements Are Undermining America: From Martha Stewart to Bernie Madoff”:
Although Stewart, now a business columnist for The New York Times, claims that lying has been on the rise, a more plausible thesis is that prosecutions for false statements have been rising — not because of growing contempt for the truth but because defendants are increasingly prosecuted for doing nothing more than denying their guilt to investigators. (These are the kinds of lies that courts used to excuse under a doctrine called the exculpatory no.) It wasn’t until the post-Watergate era that prosecutors began routinely to indict people not merely for lying under oath but for lying to federal officials even when not under oath — using a novel law that is the basis for several of the prosecutions Stewart celebrates.
(& Bad Lawyer)
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A Frontline/NPR/Pro Publica joint investigation makes a powerful case that prosecutors have drawn on the work of errant labs and expert witnesses to generate unreliable charges, and sometimes convictions, following unexplained deaths of children. Among the targets: numerous parents falsely accused of murdering their own children.
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- Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here]
- Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe]
- Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion;
- “Wrongful Convictions: How many innocent Americans are behind bars?” [Balko]
- “Persaud identified himself as a juror, offering to fix the verdict for a fee.” [CBS NY; Long Island med-mal case]
- “Is the Common Law the Solution to Pollution?” [Jonathan Adler, PERC]
- “Rice Krispies class action settlement” [Ted Frank]
If you don’t like the Mayor’s principles, he has different principles [NYDN]
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In the Strauss-Kahn affair, the New York prosecutor saw his case was bad and pulled back. You would prefer otherwise? [Dorothy Rabinowitz, WSJ] More: Scott Turow, NYT.
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I posted briefly on the Lauren Stevens acquittal last month, and now I’ve got a longer treatment up at Cato at Liberty:
…U.S. District Court Judge Roger Titus ordered the acquittal of Lauren Stevens, a former in-house lawyer for drugmaker GlaxoSmithKline, who had been charged with obstructing a federal investigation. In strong language, Judge Titus said Stevens “should never have been prosecuted” and that allowing the case to go forward to a jury “would be a miscarriage of justice.” …After the stunning dismissal, the U.S. Department of Justice was quite unapologetic, a top official suggesting that its prosecutors intended to do nothing differently in future.
The full post is here. P.S. Scott Greenfield has some additional thoughts that should not be missed.
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- “Italian Seismologists Charged With Manslaughter for Not Predicting 2009 Quake” [Fox, earlier]
- “With context in place, it appears the WHO isn’t saying cell phones are dangerous” [BoingBoing, Atlantic Wire, Orac]
- Wrongful convictions and how they happen — new book “Convicting the Innocent” by Brandon Garrett [Jeff Rosen, NY Times]
- SEC to Dodd-Frank whistleblowers: no need to go through company’s internal complaint route [D&O Diary, WSJ Law Blog]
- “British Press Laws Facing Twitter Challenge” [AW]
- Despite legislated damages cap, jackpot awards continue in Mississippi [Jackson Clarion-Ledger] More problems with that $322 million Mississippi asbestosis verdict [PoL, earlier]
- Golf club erects large net to comply with legal demands to prevent escape of errant balls, is promptly sued by neighbors who consider net too ugly [five years ago on Overlawyered]
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- More views on California prisoner release: Steve Chapman (California can incarcerate less and be safer), John Eastman/City Journal (state’s pols share blame for conditions), Sarah Hart, FedSoc SCOTUScast (sharing dissenters’ foreboding). Earlier here and here;
- Stephen Carter, “Economic Stagnation Explained, at 30,000 Feet” [Bloomberg/RCP]
- Long-running legal campaign aimed at blocking new coal-fired power plants [Conn Carroll, Examiner]
- Unconsciously? “We hope it sends a message that if you … unconsciously ignore the law, you could go to jail.” [WSJ Law Blog on prosecution of executive following pool drain entrapment death]
- Following outcry: “Disney withdraws application to trademark ‘SEAL Team 6′” [AP, earlier]
- More fact-checking of Scott Horton Guantanamo Harper’s article mysteriously awarded prize by ASME [Alex Koppelman/AdWeek, Joe Carter/First Things, Jack Shafer/Slate (citing "slipperiness and many flights of illogic"), FishBowlNY, Politico, Noah Davis/Business Insider, Cutline, earlier] Horton is a lecturer at Columbia Law and his piece drew on work done at Seton Hall Law. More: defense of Horton at leftist TruthOut site;
- Germans hesitate to join nanny-state parade [four years ago on Overlawyered]
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Race car great Bobby Unser discusses his legal ordeal — after his snowmobile got lost in a blizzard, he was charged with having entered protected federal wilderness land — in this Heritage Foundation video [more]
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The U.S. Department of Justice falls flat on its face in its unsuccessful prosecution of Lauren Stevens, an in-house lawyer and vice president at drugmaker GlaxoSmithKline, on charges of lying to the government and obstructing justice during the company’s response to a Food and Drug Administration (FDA) investigation of its marketing. [Main Justice]
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