It’s a cover story entitled “CSI Myths: The Shaky Science Behind Forensics“:
Forensic science was not developed by scientists. It was mostly created by cops, who were guided by little more than common sense. And as hundreds of criminal cases begin to unravel, many established forensic practices are coming under fire. PM takes an in-depth look at the shaky science that has put innocent people behind bars.
Via Radley Balko and Scott Greenfield.
I’ve got an out of town trip over the next few days, so posting from me is likely to consist of a relatively few scheduled short posts.
There have been several important developments with CPSIA over the past month, to which time has not yet permitted me to do justice. In particular, the CPSC late last month issued guidance on the tracking-label rules that take effect later this week. Its interpretation is more lenient on several issues than most observers were expecting, particularly for craft and small-batch producers, but the rules remain a gigantic headache for thousands of businesses.
Even more recently, the commission offered further guidance on a few other issues, notably its interpretation of what materials will be considered inherently free of lead under normal circumstances. These new rules are being cautiously welcomed as helpful to some in (for example) the apparel trade, but they are unfortunately bad news for friends of many other products, in particular vintage children’s books, which are not going to be considered intrinsically safe. Finally, the commission appears to be giving off some favorable signals on the issue of “component testing” (i.e., avoiding endless and costly re-testing of already-tested product components).
I hope to treat these new developments at more length in future posts. In the mean time, here are some relevant links:
Tracking labels: commission action and policy in PDF, Rick Woldenberg coverage, Kathleen Fasanella/Fashion Incubator, Buggalove, Play Meter (scroll to 7/27), Greco Woodcrafting, Publisher’s Weekly and earlier, Hugh Hewitt.
Intrinsically safe materials: CPSC final rule in PDF format, Rick Woldenberg and more, The Smart Mama.
The fate of vintage books: Deputy Headmistress and more, Rick Woldenberg, and — from back in the spring but not linked then — Assistant Village Idiot, Deputy Headmistress, Carter Wood, and Valerie Jacobsen as well as more.
The settlement discussed in this space July 17 — in which lawyers nabbed more than $25 million in fees and expenses, while fewer than 100 consumers redeemed Ford coupons worth $37,500 — was covered by the Associated Press last week, which stirred outrage in many quarters [Krauss/PoL, Greenfield, Cal Biz Lit]. As Cal Civil Justice notes, the settlement was purportedly on behalf of owners who suffered no rollover or other mishap. Instead, it sought damages for losses in the vehicle’s resale value due to adverse publicity, a nicely circular theory, since the adverse publicity was in good measure propelled by various allies of the plaintiff’s bar. Interestingly, several groups that had opposed the settlement dropped their objections after it was rejiggered to require Ford to provide a $950,000 donation to what are described as nonprofit auto-safety groups (which ones?). Plaintiff’s firm Lieff Cabraser, in a letter to AP, cited that and changes in Ford advertising as reasons why the settlement provided more benefit to the customer class than can be measured by the coupons alone.
I may have a new job as what David Lat calls the “Class Action Avenger” and a new blog to go with it, but that doesn’t mean I won’t be speaking about more general legal reform issues. A Heritage Foundation panel on preemption, featuring Kyle Sampson, former NHTSA and DOT general counsel Jeffrey Rosen, and myself is now viewable online. It’s only fair to note that I cribbed a lot from Michael Greve’s Bradley Lecture on federalism (video), which I can’t recommend enough.
Fees for receivers, administrators and other professionals are eating up too much of the remaining assets of Madoff and other collapsed investment ventures, critics charge: “in one recent $6.6 million fraud, the receiver distributed 43 percent of the assets to the victim — the rest went to professionals.” [NY Post]
To “neutralize”, “eliminate”, “destroy” or “kill” a hostile witness. [NYLJ, Gothamist] More on Robert Simels trial: NY Post, NYDN, Greenfield.
A report from Wisconsin in the October 15, 1897 New York Times (PDF) (via @JuryTalk). More: Kim Krawiec, Faculty Lounge.
“Hank Adorno, head of the nation’s largest minority-owned law firm, violated nine Florida Bar rules when he engineered a $7 million class action settlement that distributed money to only seven people instead of all Miami taxpayers, the state regulatory agency for attorneys claims.” [Billy Shields, Daily Business Review and Law.com; earlier here and here]
It’s wonderfully circular, and not all that different in practice from the “advocacy” and “law reform” funding that has at various times been doled out by our own federal and state governments through legal services, community action and public health programs, tobacco settlement kitties, and so forth. [Iain Murray, CEI “Open Market”]