Posts Tagged ‘WO writings’

City of Detroit as regulator

Part of a letter to the editor from Bert G. Osterberg of Costa Mesa, Calif. in the December 19 Wall Street Journal:

As a former Detroit resident and former city employee, I can attest to the odious role of overregulation in my hometown’s decline. When Detroit began to racially change, Mayor Coleman A. Young addressed the complaints of home buyers that they were being cheated with undisclosed defects of their home purchases by championing the passage of City Certification before any sale. This regulation not only required disclosure of defects but that all properties be brought up to current city code before the sale could be made. This, of course, led to mass abandonment of older homes as the cost of compliance was often more than the value of the house….

I’m in the early stages of a contemplated writing project on why my home city of Detroit failed, that is, why it has performed so much more poorly in recent decades than many other American cities that have faced serious economic challenge and social conflict. Feel free to send specific explanations, vignettes and suggested readings (not general rants about the city, please) to me at editor – at – overlawyered – dot – com or leave as comments if they are of general reader interest.

Councilman: don’t write about me without my say-so

A story from Frederick County, Maryland, where I live. I wrote it up briefly at my blog Free State Notes, and it’s making the rounds all over the web, with Eugene Volokh and Steve Hayward among the first to comment. The Frederick News-Post, whose reporter Bethany Rodgers was the target of Councilman Delauter’s threat, has a write-up as well as an editorial (read the first letter of each paragraph). More: Van Smith, Baltimore City Paper (& Ed Krayewski, Reason “Hit and Run”; Andy Knight, Community Newspaper Holdings publications).

Update: Delauter has apologized here.

R.I.P. Mario Cuomo

The New York governor was a lawyer by training — Gideon Kanner recalls his start as an eminent domain compensation lawyer in Queens — and drew insight from the experience. Bill Hammond of the Daily News:

During his term in office I wrote two pieces for the Wall Street Journal about Cuomo, one an opinion piece on New York’s finances, another a review of an unsuitably hagiographic biography; neither is online so far as I know. My view was that despite his lion-of-the-Left reputation, Cuomo had governed in a cautious rather than radical way, and by the same token had in no way been a transformational figure for his state: New York had largely the same set of governance problems when he left office as when he entered.

A failed insider trading prosecution, and its costs

I’ve got a new post up at Cato at Liberty about the Second Circuit’s sharply worded dismissal of two insider trading convictions, which alas came too late to avoid massive damage to the enterprises and people concerned. Quoting NYT “DealBook”:

The dismissal of the case also raises questions about the November 2010 raids of Level Global and Diamondback Capital Management by the Federal Bureau of Investigation. Soon after the raid on Level Global, the hedge fund, which was started by Mr. Chiasson and David Ganek, shut down, in part because of requests by investors to redeem their money after the raid. Mr. Ganek was never charged with any wrongdoing by federal authorities.

Diamondback, where Mr. Newman was a portfolio manager, continued to operate for another two years, but it decided to close its doors in December 2012 after receiving a wave of investor redemptions.

Mr. Ganek chided the government in a statement on Wednesday. “For the dozens of my high-integrity colleagues at Level Global who lost their jobs and their reputations because the F.B.I. improperly raided our firm in this now-discredited fishing expedition, today’s legal vindication is a reminder how prosecutorial recklessness has real impact on real people,” he said.

Raids, as opposed to subpoenas and other dull ways of obtaining information sought in an investigation, are irresistible to the press — and they greatly reinforce the public impression that there must have been serious wrongdoing at a target enterprise. That in turn can spell doom especially for financial undertakings, whose business will often be built on client and public trust. And if the case subsequently fails to stick by the evidence or the law, well, it’s on to the next prosecution, right?

More from Stephen Bainbridge and from Ira Stoll (more), who unlike many in the press gave skeptical attention to the case throughout its course.

In print on police militarization

Three columns to read on the subject: Gene Healy, Glenn Reynolds (linking this site), and Nat Hentoff (like Healy, a Cato colleague) in his syndicated column (thanks for mention). I had a letter to the editor yesterday in the Frederick News-Post drawing connections with local lawmakers (as well as a blog post at Free State Notes with similar themes) and the Arizona Republic quoted me Tuesday on the federal subsidy programs that drive militarization, including transfers to the ever-controversial Maricopa County Sheriff’s Office of Joe Arpaio. Earlier here, here, here, here, here, etc.

P.S. Also quoted on NPR.

IRS scandal: the dog wiped their emails, cont’d

I’ve got an update on the fast-developing scandal of evidence destruction at the IRS in my new Cato post (earlier). If not for reading Kim Strassel and her colleagues at the Wall Street Journal, I might not have learned that Lois Lerner’s emails got wiped from her hard drive by forces unknown about 10 days after the letter arrived from House Ways & Means inquiring into targeting of political opponents.

Since the new round of disclosures in the IRS scandal broke a week ago, the WSJ has shown itself willing to dig in a way that many other prestige press institutions have not. “People used to ask how Watergate might have turned out if the press had sided with Nixon instead of against him. Thanks to the work of Strassel and her WSJ colleagues, let’s hope we never find out.”

The Economist covers the story in this commentary. Our tag on evidence spoliation and document retention — lawyers among our readers will be familiar with how very seriously these concepts are taken in the world of litigation — is here.

Welcome readers: Glenn Reynolds/Instapundit.

Connecticut politicos to employers: please hold our coat for 8 years while we govern

“It is a truism that laws tend to be arranged for the benefit of the political class.” Even so, would you expect Connecticut law to provide that private employers must hold open the jobs of full-time elected officials for as much as eight years in case they decide to return? My new blog post at Cato has details.

State versions of the False Claims Act

The Chamber has been tracking this major engine of contingency-fee litigation as it jumps from federal practice to the realm of similar state laws vigorously lobbied for by the plaintiff’s bar. I have an opinion piece in the Baltimore Business Journal on the Maryland version, which 1) nearly passed this year, 2) would go further than the federal law in some vital respects, and 3) has become an issue in a closely watched primary contest.

Bodega-robbing cops will walk, cont’d

I’ve got a longer write-up at Cato at Liberty (earlier) on the extraordinary outcome of a federal investigation into larcenous raids on bodegas by Philadelphia narcotics cops pursuant to sales of banned plastic zip-lock bags: U.S. Attorney Zane David Memeger has closed the case without charges, the statute of limitations now having run.

This was a story that really got to me on many levels, as with this passage from the Philadelphia Daily News’s coverage: “Anh Ngo, like the Nams, said that she was never interviewed by investigators about what unfolded in her family grocery store in the Lower Northeast during a 2008 raid. Ngo, 30, said the officers smashed the [security surveillance] cameras with a sledgehammer and stole about $12,000, taking her mom’s diamond ring and emptying their wallets.” They took her mother’s ring! “‘To think that some light was shined on this by the Daily News and then the investigation just died, it’s really very frustrating,’ she said…. ‘[The cops] are living nice off of the money they stole from us.'” Notes one journalist: “The shop owners were all legal immigrants. None had criminal records. Nor had they ever met – they hailed from four corners of the city and spoke different languages.” Yet they told essentially the same stories.

The local press, specifically the Philadelphia Daily News, did everything one could reasonably wish to bring the story to light. In fact reporters Barbara Laker and Wendy Ruderman won a Pulitzer Prize for their investigation, “Tainted Justice,” and in March published a book on the scandal. The paper’s coverage of the dropping of charges has been likewise hard-hitting, including video of a bodega raid. In the end, none of it seemed to have worked in obtaining justice for the store owners.

I go on in the Cato piece to ask a few other questions about whether laws banning common items like mini-zip-lock bags are really a good idea given that they readily allow police to obtain search warrants against unsuspecting businesses; and whether we insist that store owners like these organize to defend their interests in the political process because the legal process will afford them no protection. Read it here.

And one other question: If we told these immigrant store owners that the American legal system works, would they believe us?

P.S. Internal police department discipline? The local Fraternal Order of Police union, according to its president, has been “standing behind the officers from the minute it happened.” Some don’t expect much:

“This is no big deal,” [the president of the police union lodge] said. “They’ll be handed some discipline and we’ll probably win in arbitration. . . . I don’t see anyone losing their jobs.”

On the other hand