- Sequel to Driehaus case on penalizing inaccurate campaign speech: “A Final Goodbye to Ohio’s Ministry of Truth” [Ilya Shapiro, Cato; earlier here, here]
- FCC commissioner Ajit Pai: U.S. tradition of free expression slipping away [Washington Examiner]
- Québécois comedian Mike Ward is already out $100,000 in legal fees after discovering how CHRC can stand for Crushes Humor, Ruins Comedy [Gavin McInnes, The Federalist]
- 10th Circuit free speech win: Colorado can’t shackle small-group speech against ballot measure [Coalition for Secular Government v. Williams, earlier]
- New York Times goes after publisher of “War Is Beautiful” book: are picture thumbnails fair use? [Virginia Postrel, earlier]
- Constitutional? Not quite: Illinois bill would ban posting “video of a crime being committed” “with the intent to promote or condone that activity” [Eugene Volokh]
- NY Assembly Speaker Sheldon Silver hangs blame for a retrospectively unpopular position on the *other* Sheldon Silver. Credible? [NY Times via @jpodhoretz]
- Julian Castro, slated as next HUD chief, did well from fee-splitting arrangement with top Texas tort lawyer [Byron York; earlier on Mikal Watts]
- 10th Circuit: maybe Colorado allows too much plebiscitary democracy to qualify as a state with a “republican form of government” [Garrett Epps on a case one suspects will rest on a “this day and trip only” theory pertaining to tax limitations, as opposed to other referendum topics]
- “Mostyn, other trial lawyers spending big on Crist’s campaign in Florida” [Chamber-backed Legal NewsLine; background on Crist and Litigation Lobby] “Texas trial lawyers open checkbooks for Braley’s Senate run” [Legal NewsLine; on Braley’s IRS intervention, Watchdog]
- Contributions from plaintiff’s bar, especially Orange County’s Robinson Calcagnie, enable California AG Kamala Harris to crush rivals [Washington Examiner]
- Trial lawyers suing State Farm for $7 billion aim subpoena at member of Illinois Supreme Court [Madison-St. Clair Record, more, yet more]
- Plaintiff-friendly California voting rights bill could mulct municipalities [Steven Greenhut]
- John Edwards: he’s baaaaack… [on the law side; Byron York]
- Also, I’ve started a blog (representing just myself, no institutional affiliation) on Maryland local matters including policy and politics: Free State Notes.
- Appalling: localities partner with tax-farming “probation” firms to run up routine misdemeanor fines into crushing debts for citizenry [NYT, Tuccille/Reason] “Pay Up: Criminal Justice Debt in Philadelphia” [Penn Law/YouTube, Brennan Center]
- “The institute estimates a wrongful conviction rate in sex assault cases of between 8-15%” [Richmond Times-Dispatch; Urban Institute via Balko] For the guilty, marginalization may worsen recidivism: “Do Sex Offender Registries Make Us Less Safe?” [Prescott, Regulation mag, PDF] Sex-offense detention for dollars [Greenfield]
- Majority of Florida voters support Stand Your Ground [Quinnipiac; Glyn/NRO; earlier, Sun-Sentinel] Collection of cases in which Florida SYG defense was asserted [Tampa Bay Times; Ta-Nehisi Coates; Jacob Sullum on TBT’s slant, related by Sullum here and here] Bipartisan origins of Florida SYG statute differ greatly from what you may have heard [Daily Caller, auto-plays video] “Two studies on Stand Your Ground” [Robert VerBruggen/NRO] Florida lawyer Troy Webber’s analysis of law [Hussein & Webber] Related: Jeralyn Merritt.
- Problems with police dogs as evidence [Balko, Greenfield]
- Tennessee: “Mom jailed for letting kids play at park” [Lenore Skenazy, Free-Range Kids, related]
- Tenth Circuit adopts broad view of already-broad federal wire fraud statute [Paul Enzinna/PoL]
- New Gotham law will fine taxi drivers up to $10K for giving ride to a prostitute, drivers will have to take a course on recognizing what hookers look like [Amy Alkon]
Keith Harper, now with Kilpatrick Stockton, is a longtime Native American Rights Fund attorney and class counsel in the gigantic Indian trust fund litigation, Cobell. Some critics focus on his prospective appointment for an “Oklahoma seat” on the court, others are not happy with developments in Cobell. [Tulsa World, Kimberly Craven/Billings Gazette]
Eugene Volokh recalls (with a followup) a groundbreaking 1973 case in which the Tenth Circuit ruled that it could be found negligent for a supermarket to have installed a silent alarm that summoned the police when a holdup was in practice; a hostage was killed in the resulting shootout. The case is consistent with others in which lawyers have advanced theories summed up in the phrase “negligent provocation”.
Thirty years after a jury ruled against his claims to be the inheritor of a fractional share of the reclusive tycoon’s wealth, Melvin Dummar still hasn’t given up. In a 19-page opinion, the Tenth Circuit has now upheld the dismissal of his latest lawsuit. (Pamela Manson, “10th Circuit Court of Appeals rules against Melvin Dummar and the ‘Mormon Will'”, Salt Lake Tribune, Sept. 13)(via Know Your Courts, Tenth Circuit/Colorado gadfly site).
Robert Ambrogi has more discussion on that case from Utah (Apr. 8 ) in which a litigant is suing an expert witness who changed his mind on the eve of trial about his willingness to support a medical malpractice suit, resulting in an adverse outcome. He mentions this site and quotes Ted, who
believes that [dissenting Tenth Circuit Judge Neil] Gorsuch is correct in his analysis. “The incentives of expert witnesses to give independent truthful opinions are already distorted, and should not be distorted further.”
Beyond that, the court appears not to have thought through the consequences of its decision, he says. “Every cross-examination of an expert at deposition should now include questions relating to the expert’s fear of being sued.”