- Body cameras protect both police and the citizenry [Steve Chapman]
- “Federal Prosecutor Disciplined for Making False Statements” [John Steele, Legal Ethics Forum]
- “The more popular view is that the role of a jury is to deliver a guilty verdict when the government accuses someone of a crime” [Ken at Popehat]
- More on forfeiture following New Yorker piece [Steve Greenhut, ABA Journal, earlier]
- How feds went after maker of secret automotive compartments [Brendan Koerner, Wired, April; Amy Alkon] Held at gunpoint for half hour+: massive Texas SWAT raid on organic farm yields okra, no pot [Radley Balko] Mother Jones magazine is perfectly happy to cheer on Drug War lunacy when that affords a chance to bash big pharma [Cathy Reisenwitz, Thoughts on Liberty]
- “Law Enforcement Wants To Weaken Section 230: What Could Possibly Go Wrong?” [websites’ immunity for content left by visitors; Popehat]
- Eliot Spitzer’s prosecutorial sins catalogued [Lawrence Cunningham]
Archive for 2013
Solomon wept: Baby Veronica decision followup
Despite the Supreme Court ruling, birthdad Dusten Brown says he “will not voluntarily” return Baby Veronica to adoptive couple Matt and Melanie Capobianco, and the Cherokee tribe has unfortunately given encouragement to his stance [Tulsa World, Michael Schearer, SCOTUSBlog (high court refuses to block adoption)] “Before the hearing [in Tahlequah, Okla.], Cherokee County sheriff’s officials ordered a Tulsa World reporter to leave the third floor of the courthouse, where the hearing was to be held. The Sheriff’s Office then closed the entire courthouse to reporters, yet members of the public were allowed access to the building.” [Tulsa World] Following threats of arrest and pressure from the governor of Oklahoma, Brown has now entered mediation with the Capobiancos [Tulsa World, more coverage]
Meanwhile, although defenders of the Indian Child Welfare Act have tended to applaud its elevation of tribal interests over the best interests of actual children, the Native American Rights Fund, revealing a newfound enthusiasm for the latter, has filed a suit purportedly on Veronica’s behalf arguing that her best interests are not being taken into account in the adoption. And the girl’s biological mother, Christy Maldonado, has announced plans to file a suit asking for parts of the Indian Child Welfare Act to be struck down as unconstitutional. [Associated Press/WCIV, Indian Country Today]
P.S. I do not rush to blame Mr. Brown, who, even if erring, is erring as many of the rest of us would. I do blame the Cherokee authorities, Native American Rights Fund, and others for irresponsibly egging him on as they stake out a maximalist position on behalf of a bad law.
Scheme to seize underwater mortgages
Inspired in part by the work of Cornell law professor Robert Hockett, the city of Richmond, Calif. is planning to 1) use eminent domain to seize private mortgages for considerably less than their actual worth; 2) cut a deal with existing residents of the homes to install FHA mortgages in place of the seized mortgages; 3) use the windfall surplus — derived by paying the private mortgage holders less than the actual value of their forcibly seized holdings — to subsidize the local residents, thus buying their political favor, as well as leaving a goodly sum to pay off the private outfit called Mortgage Resolution Partners that’s pushing the scheme (written up sympathetically in a recent New York Times account).
What could go wrong, aside from to the spirit of the Constitution and the rule of law? Gideon Kanner points out that even California eminent domain law still requires the payment of “fair market value, not some bargain basement figure pulled out of thin air”:
…we believe that not even California courts will stand still for that. Why not? Because under our law, if the condemnor tries to lowball too much, and makes an unreasonable pre-trial offer, it may have to pay the condemnees’ attorneys’ and appraiser’s fees, plus other litigation expenses, on top of the “just compensation” required by the constitutions. And, of course, any diminution in value brought about by the the market’s reaction to the imminence of the condemnation, cannot be considered in determining fair market value. The property has to be valued as if unaffected by the condemnor’s plans or by any preliminary steps taken toward the condemnation. Cal. Code Civ. Proc. Sec. 1263.330.
For other reasons the scheme may prove much more expensive to the city of Richmond and its taxpayers, see Ilya Somin [more, yet more] Other commentary: Matt Welch, Richard Epstein. Earlier here, here, etc.
Deputy sues 911 caller after being assaulted at her home
In Harris County, Tex., sheriff’s deputy Brady Pullen responded to a 911 call placed by Camina Figueroa from her Katy, Tex. home. While on the call, Pullen was attacked and injured by a man apparently high on illegal drugs. Now Pullen is suing Figueroa, claiming she “failed to adequately warn 9-1-1 of the dangerous situation he was walking into.” [KRTK] Under the “firefighter’s rule,” which has eroded in some jurisdictions in recent years, emergency rescuers generally cannot sue private parties whose negligence is allegedly to blame for the hazards to which they are responding.
Busted for DUI? Sue the breath test manufacturer
After pleading guilty to driving under the influence, two New Jersey men “subsequently brought a product liability action against the company that made the breath-testing device used to establish their BACs as being in excess of .08%.” Asking for class action status on behalf of all New Jersey drivers convicted after blowing into the device, the “plaintiffs claimed that ‘the Alcotest 7110 contains latent design defects in that it is a piece of respiratory equipment that is not standardized at frequent intervals and there is no provision for calibration of its pulmonary reporting apparatus.'” A court ruled the complaint inadequate on the pleadings, though it has given them a chance to replead. [Steve McConnell, Drug and Device Law]
“If You Knew What I Know About Email, You Might Not Use It”
The head of Lavabit — one of two small encrypted email providers that just closed down pre-emptively rather than fight federal government demands — “says he’s been told it’s illegal even to discuss what demand the feds made of him.” [Kashmir Hill/Forbes, more, TechCrunch, Guardian] “Wyden’s constant references to location tracking in this context would be nothing short of bizarre unless he had reason to believe that the governments assurances on this score are misleading, and that there either is or has been some program involving bulk collection of phone records.” [Julian Sanchez, Cato] “The Public-Private Surveillance Partnership” [Bruce Schneier, Bloomberg] “A Guide to What We Now Know About the NSA’s Dragnet Searches of Your Communications” [Brett Max Kaufman, ACLU] The Cato Institute has filed a brief urging the Supreme Court to accept a case challenging the legality of current programs of mass surveillance, in a case filed by the Electronic Privacy Information Center.
More: No right to noisy exit? “Feds Threaten To Arrest Lavabit Founder For Shutting Down His Service” [TechDirt] And now (Sunday): with no charges and no arrest, authorities at Heathrow held and interrogated the partner of journalist Glenn Greenwald (who has exposed the NSA program) for nine hours, exactly as long as they could under Britain’s anti-terror law without pressing a charge. They also confiscated his phone, laptop, USB sticks and other electronic gear. [Guardian, Greenwald, NY Times, Lowering the Bar, Peter Maass/NYT Magazine (filmmaker and Greenwald collaborator Laura Poitras regularly detained and interrogated at airports), Joel Mathis/Philly Mag] But see The Spectator (Miranda “carrying encrypted files from Snowden to Greenwald”).
August 16 roundup
- As football helmet makers come under litigation pressure, one company’s label simply advises not playing football [New York Times, ABA Journal]
- D.C. Circuit: Obama administration has broken law by stalling action on Nevada nuclear site [AP/ABC News, In re Aiken County (PDF)]
- Unexpected venue? Writer in National Review suggests legalizing prostitution [Charles Cooke]
- Eight reasons New York City rent is so ridiculously high [Josh Barro]
- “How much is a life worth?” [Kenneth Feinberg profile in National Journal]
- Ed Markey vs. amusement parks [Elie Mystal, Above the Law]
- How easy is it to pull real estate deed fraud? You (and the owners of the Empire State Building) might be surprised [Now I Know]
New DoJ policy on mandatory minimum sentences
Some reactions, and cautious praise for the changes, from Tim Lynch at Cato, Ken at Popehat, and J.D. Tuccille at Reason (and more on lawmakers’ reaction).
When news clips embarrass broadcasters…
…many of them too readily employ DMCA takedown requests to keep the public from perusing the offending clips. [Kristin Bergman, Digital Media Law Project]
In New Jersey, an “epic” business partnership lawsuit
“There is no reason in the world for a case to be tried 20 years after it was filed,” said Judge Deanne Wilson, who said she knew of nothing matching the case in the New Jersey courts. The judge was highly critical of the conduct of the defendants, a real estate family led by Minnesota Vikings owner Zygmunt “Zygi” Wilf, which she found had misappropriated funds owed to longtime business partners. [Ben Horowitz, Newark Star-Ledger, Minneapolis Star-Tribune and more, Field of Schemes]