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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Posts tagged as:
prosecution
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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- “You Will Be Relieved to Know it is Now Harder To Discipline Bad Cops in Arizona” [Coyote]
- NYT runs Title IX “roster management” through a feminist echo chamber [Heather Mac Donald, Secular Right] Even with the slant, colleges’ willingness to contort their programs to comply with quotas tends to prove critics’ case [Althouse, Wendy Parker, College Sports Council, more]
- “AT&T v. Concepcion: ‘Consumers Win in Allegedly Anti-Consumer Supreme Court Ruling’” [PoL] Will Elizabeth Warren partly undo the outcome? [Fisher/Forbes] More on case: Trask, Karlsgodt;
- “[Entertainer] Prince Wants Laws Changed To Eliminate Song Covers” [Hollywood, Esq./THR]
- Consulting firm accused of racketeering in Chevron suit has U.S. gulf spill contract [ShopFloor]
- Point out flaws in DoJ’s legal case against you, and get branded “uncooperative” [Koehler/FCPA Professor]
- NYC might ban buying fake handbags [WSJ Law Blog] Bill sponsor’s curious political trajectory to city council [Rick Brookhiser, many years back in City Journal]
Brian Walsh and Benjamin Keane of the Heritage Foundation explore the collision between ever-advancing criminalization and the values of the U.S. Constitution. [Heritage Legal Memorandum]
- “Bioblitz”: Environmental groups file thousands of actions demanding endangered species listings [NYT; related discussion with Jonathan Adler and Steven Hayward at NYT's Room for Debate]
- War on painkillers could turn many more Florida docs, druggists into criminals [White Coat]
- Feds flex muscle, using debarment to oust company CEOs [Jim Doyle, St. Louis Post-Dispatch]
- “Madigan’s List”: powerful Illinois pol sways selection of Cook County judges [Chicago Tribune]
- Nick Gillespie interviews education reformer Jay Greene [Reason]
- Social conservatives misplay recusal card against Judge Vaughn Walker in Prop 8 case [Richard Painter, LEF, more, AW, LAT] Other views: Whelan, Gillers, motion.
- Why TV shows like “WKRP in Cincinnati” appear in compromised DVD versions [Alex Tabarrok updates a story we had in '06]
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- Furor as NLRB issues complaint against Boeing for planning to open S.C. plant [Wichita Business Journal, Costa/NR "Corner", Wood/ShopFloor, more, Tom Bevan/RCP, Ira Stoll, Hirsch/Workplace Prof, Megan McArdle, Jonathan Adler]
- Perp meanwhile declared not criminally responsible and awaits release: “Jury orders Nordstrom to pay $1.6 M to Bethesda stabbing victims” [WaPo]
- Not so reliable: how eyewitness and confession testimony can result in convicting the innocent [Brandon Garrett, Slate]
- Trying to pin down who merits label of “patent troll” [Michael Risch, Prawfs, and followup] “Digital Innovators vs. the Patent Trolls” [Peter Huber, WSJ]
- Publishers as targets in pharma suits? Philadelphia product liability case names as defendant the company that put out drug fact sheet [Beck]
- Regulate-Google schemes: “If search neutrality is the answer, what’s the question?” [Manne/Wright, TotM]
- Hey, John Boehner’s tweeting about my blog post [@johnboehner]
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More thoughts on why bonuses tied to prosecutors’ measured “accomplishments” — in this case, conviction rates at a Colorado prosecutor’s office — are such a bad idea. Very similar logic helps explain the historically prevailing ban on contingency fees for lawyers in most Western legal systems. [Tim Lynch, Cato; WSJ Law Blog; related earlier (Harris County, Tex.)](& welcome Above the Law, Truth on the Market visitors)
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Like other variations on contingency pay for those charged with enforcing the law, they sound like a really bad idea [Greenfield]
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- What, no more monkeys or snakes? Starting March 15 new federal regulation will restrict definition of “service animals” to dogs alone [Central Kitsap Reporter, earlier, more]
- “Appeals court: SD prosecutor’s conduct denied man a fair trial” [San Diego Union-Tribune]
- A tale of local regulation: “A septic system at the crossroads” [Roland Toy, American Thinker]
- Firm sues Fark, Reddit, Yahoo, etc. etc. over 2002 patent on “structured news release generation and distribution,” draws rude reply from defendant TechCrunch;
- UK schools minister: “no touching pupils” policy keeps music teachers from doing their job [Telegraph]
- Legal ethicist Stephen Gillers hired at $950/hour to approve ethics of Ken Feinberg’s BP compensation fund work [two views: Andrew Perlman and Monroe Freedman; earlier, Byron Stier]. Per Ted at PoL, trial lawyers criticizing the arrangement “complain that BP is using the same tactic plaintiffs’ lawyers regularly use to prove their own ethics.”
- Is WordPress’s quirky “Hello Dolly” plugin a copyright infringement? [TechDirt]
- Congrats, you’re eligible for a job with the D.C. public school system [ten years ago on Overlawyered; more on criminal records and hiring, subject of a current EEOC crusade]
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- Texas Gov. Rick Perry may urge the state to take a step toward loser-pays [NJLRA]
- “FCC push to regulate news draws fire” [The Hill]
- Could litigation on behalf of Madoff victims get more than all their money back? [Salmon, more, NYT, Above the Law]
- “Chevron Says Documents Show Ecuador Plaintiffs Worked With Government” [Dan Fisher/Forbes, more]
- Organized trial lawyers expect to fare less well in next Congress, but prospects for actual liability reform remain slender [Joseph Weber/Wash. Times, Matthew Boyle/Daily Caller]
- Mount Laurel rulings in New Jersey (towns given quotas to build low-income housing) described as “libertarian”, I express doubts [Hills, Prawfsblawg]
- Criminal law’s revolving door: “prosecutors turn up the fire and then sell extinguishers” [Ribstein, TotM]
- The wages of unconstitutionality: a Utah attorney’s curious fee niche [five years ago on Overlawyered]
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The dangers of “Deferred Prosecution Agreements” and “Non-Prosecution Agreements,” under which companies under investigation, in exchange for federal leniency, may agree to a wide variety of promises as to future conduct — including many that a court would not or could not have imposed, and which may sell out the legitimate interests of employees or other third parties. [Manhattan Institute]
- Judge Kozinski blasts prosecution of McAfee exec Probhat Goyal [Ribstein, Greenfield; related on federal overcriminalization, Rittgers/Cato]
- “If only laws were like sausages” [Robert Pear, NY Times]
- “Public Radio Looks at California ADA Lawsuits” [Frith, CJAC on "This American Life," Thomas Mundy and Morse Mehrban]
- Guitar maker described as “litigation-addled”: “Gibson continues its IP-based business plan” [Coleman]
- Judge who heard Madison County, Ill. asbestos docket retires, is picked by lawyers as trustee of asbestos bankruptcy trust [Chamber-backed MC Record]
- Ted Frank’s Center for Class Action Fairness objects to Classmates.com class action settlement [CCAF, more, yet more]
- New Labor Department regs could chill management speech to workforce [Russ Brown, Open Market]
- Too bad there weren’t legal blogs around in 2000, some light might have been shed on Bush v Gore [Legal Blog Watch, Ann Althouse] Hey wait a minute [ten years ago on Overlawyered]
Larry Ribstein is not persuaded by a ProPublica columnist’s demand for more banker scalps. [Truth on the Market]
Prosecutors in a Georgia murder trial produced a birthday cake and proceeded to sing “Happy Birthday” to the deceased child victim for the benefit of the jury as well as a national Court TV audience. The defense lawyer failed to object, and the Georgia Supreme Court declined to order a new trial. [A Public Defender, Balko]
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