Archive for 2011

Bonuses for prosecutors, cont’d

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)

Radio and other book news

Last Thursday I was interviewed on one of the nation’s great radio shows, Milt Rosenberg’s extension 720. It was a wide-ranging discussion and host Milt Rosenberg had some generous words for the book; also participating by telephone for part of the show was Dan Polsby, dean at the George Mason University School of Law. WGN has now posted the podcast of the show here. I’ve been a guest on several other shows as well in recent days, including Brian Schimming (guest-hosting for Vicki McKenna), on Wisconsin’s WIBA, BlogTalkRadio “Patriot Games” with D.R. Tucker, and “Battle Line.”

Prominent NYU legal ethicist Stephen Gillers, with whose views I’ve not always seen eye to eye in the past, was in the audience at my NYC talk earlier this month and has written up some of his reactions here. (The speech by Justice Samuel Alito to which he refers is here.) Meanwhile, a letter-writer at the WSJ enjoyed John McGinnis’s review last week, and Elizabeth Wurtzel has been wanting to read the book since she heard about it.

March 28 roundup

  • Maricopa-cabana: Sheriff Arpaio uses tank (with Steven Seagal along) to raid cockfight suspect [KPHO, Coyote, Greenfield, Balko]
  • Malpractice reform in New York is about more than money (though it’s about that too) [Paul Rubin, TotM; NYDN]
  • EEOC initiative combats alleged employer bias against unemployed job applicants [Bales/Workplace Prof, Hyman]
  • After court rejection of Google Books settlement, where next? [Timothy Lee/ArsTechnica, David Post]
  • When your lawyerly conduct has been eviscerated by Judge Easterbrook, you know it [Above the Law]
  • Ninth Circuit rules on legality of keyword advertising using other firms’ trademarks [Coleman]
  • Election showdown over future of Wisconsin Supreme Court [PoL, more, Esenberg, Althouse]
  • Legal battle follows NYC’s attempted application of sidewalk bicycle ban to unicyclist [AP]

“Grace Period for ADA Modifications Proposed in Congress”

Duncan Hunter (R-Calif.) has reintroduced the ADA Notification Act, which “would provide businesses accused of an ADA violation with a 90-day grace period to make necessary modifications.” That would, among other effects, cut down on some opportunistic suit-filing that is aimed at the generating of attorneys’ fee entitlements. It is not entirely clear what effect it would have in states (like California itself) where lawyers prefer to sue under state laws that are more pro-plaintiff than the ADA itself. [East County Magazine via CJAC]