Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for 2013

Ramesh Ponnuru on feds’ new college-harassment rules

His new column for Bloomberg concludes:

One danger is that speech that should be allowed will effectively be banned by the federal government. Another is that even when allegations concern things that should be banned, the process will be unfair to accused students and professors who are innocent of them.

No one doubts that some victims of genuine harassment — and worse — get treated badly by university administrators. And sometimes “he said, she said” conflicts just don’t generate enough evidence to determine who’s in the right, and real misconduct can therefore go unpunished. But there are also false accusations, misinterpretations, ambiguities. Whatever the solution to the problem is, the system that President Barack Obama’s administration is creating isn’t it.

Recommended. (Earlier here, etc.)

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Detroit’s decline, and Krugman’s explanation

Having to watch what bad government has done to my home city of Detroit is a bit like Princess Leia having to watch her home planet destroyed. The fate of the Motor City, writes John Steele Gordon, is America’s “greatest urban disaster that didn’t involve nature or war.” But wait: here’s distinguished New York Times columnist Paul Krugman to inform us that it’s not “fundamentally a tale of fiscal irresponsibility … For the most part, it’s just one of those things that happens now and then in an ever-changing economy.” Just one of those things! I reply — with a hat tip to Cole Porter — at Cato at Liberty. (& George Leef (“A tornado is ‘just one of those things’ because is has no human cause. When a city goes bankrupt, it has many human causes”), Ed Driscoll)

P.S. On the role of long-serving mayor Coleman Young, see pp. 12-13 of this Ed Glaeser/Andrei Shleifer paper (PDF). And here’s a HuffPo tag on Detroit corruption.

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“Once you go thug, though, you can’t unthug”

The owner of IPNav, which has sued 1,638 companies charging patent infringement, explains his methods to the New York Times. “Mr. Spangenberg has been called ‘a costly nuisance,’ ‘one of the most notorious patent trolls in America’ and many unprintable names in the comments sections of Web sites like Techdirt. He has achieved a certain infamy,” as well as an annual estimated income of $25 million a year. And from Timothy Lee at the Washington Post: “Here’s what it feels like to be sued by a patent troll.“

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Kentucky: we can ban an advice columnist

“Kentucky claims that writing an advice column that appears in a newspaper in the state — in the specific case of their complaint, the Lexington Herald-Leader, though it appears in others as well — is not an act of freedom of the press, but rather practicing psychology without the required license.” [Brian Doherty] “John Rosemond has been dispensing parenting advice in his newspaper column since 1976, making him one of the longest-running syndicated columnists in the country.” The Kentucky Board of Examiners of Psychology had its attention called to Rosemond by a local complaint about a column in which he advised parents about how to handle a sullen teen but did not recommend they seek professional help. The Board, along with the state’s attorney general, proceeded to demand that he submit to a cease-and-desist order on such matters as whether he can be bylined as a “psychologist”; Rosemond is licensed as such in his home state of North Carolina, but not in Kentucky. The Institute for Justice is defending Rosemond and has filed an action against the state. [AP]

Update from the Kentucky AG’s office: don’t blame us, we let our lawyers lend themselves out for state agency work and it was by inadvertence that our letterhead was used on what went to Rosemond. As Caleb Brown notes, this opens up new questions even if it answers some others.

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Environmental roundup

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Keep prosecuting until they get the result they want?

As I mentioned in my CNN piece on Friday, various voices are calling for the federal prosecution of George Zimmerman following his acquittal on state-court charges [commentary about that: Jonathan Adler, Jacob Sullum, Steve Chapman, Eugene Volokh; see also the update to my Friday post regarding the possibility of “hate crime” charges] In a letter to Attorney General Eric Holder, the American Civil Liberties Union (ACLU) takes the view that a federal prosecution would be improper double jeopardy, implicitly rebuking its own executive director, Anthony Romero, who had suggested otherwise in early comments to the press following the verdict [TalkLeft (“the organization came to its senses”), Politico, text of letter from Laura Murphy, director of ACLU Washington Office, PDF; see also David Bernstein]

As I noted in my CNN piece, the exception for “dual sovereignty” prosecutions arose in a 1959 Supreme Court case called Bartkus v. Illinois, decided 5-4, in which the dissenters were the four liberals: Earl Warren, William Douglas, Hugo Black and William Brennan. Here are a few things that Hugo Black had to say in his dissent, joined by Douglas and Warren: “Fear and abhorrence of governmental power to try people twice for the same conduct is one of the oldest ideas found in western civilization,” one that did not disappear “even in the Dark Ages.” And “retrials after acquittal have been considered particularly obnoxious, worse even, in the eyes of many, than retrials after conviction.” In short, “double prosecutions for the same offense” are “contrary to the spirit of our free country.” (& welcome Instapundit, InsiderOnline readers)

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Don’t

When representing the leader of a violent sect, don’t smuggle out of jail purportedly personal papers that in fact contain your client’s alleged hit list of witnesses, then lie to investigators about it [Lorna Brown, recommended for a two-year suspension, KTVU, Contra Costa Times; a disciplinary judge recommended against disbarment because Brown, who had represented Yusuf Bey IV of the notorious Your Black Muslim Bakery, “eventually admitted what she did and expressed remorse,” did not appear to realize the papers’ contents, and lacked a prior disciplinary record] In a character letter, “veteran Oakland criminal defense attorney James Giller, a former president of the Alameda County Bar Association, told the judge” that Brown has an excellent reputation: “She may have made a mistake but we all do that. We all screw up.” [Berkeley Patch] More: Ted Frank.

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