…or spa law firm? “We understand that dealing with legal matters can be very stressful, so we try to tend to our clients’ every need to make their experience as stress-free and accommodating as possible. When you come into the firm you will be pampered from the moment you step in the door. You will be provided with a cool or warm towel depending on the temperature outside. The Towel will be followed by a glass of cool coconut milk, which is not only refreshing, but is full of healthy antioxidants. During your consult there is always ice cold water and fresh baked cookies every afternoon. We look forward to seeing you soon!”
“How Are Small Banks Faring under Dodd-Frank?”
New Cato Research Briefs in Economic Policy No. 20 takes up a question often raised in this space before [Hester Peirce, Ian Robinson, and Thomas Stratmann, Cato]
“Applebee’s not liable for N.J. man burned while praying over fajita skillet”
“A New Jersey man cannot collect damages for burns he suffered while bowing his head in prayer over a sizzling steak fajita skillet at Applebee’s, a state appeals panel ruled.” [Religion News Service/Newark Star-Ledger]
DoJ won’t charge Darren Wilson, excoriates Ferguson in report
Confirming expectations, the U.S. Department of Justice has announced that it will not file federal civil rights charges against the police officer who shot Michael Brown following an altercation on the streets of Ferguson, Mo. [CBS] Contrary to a visual theme repeated before countless news cameras through weeks of protests, “no, Michael Brown’s hands probably were not up” at the time of the shooting [Wesley Lowery, Washington Post] In the end, “Hands Up — Don’t Shoot” 2014’s iconic protest gesture, was founded in the self-serving, oft-repeated eyewitness account of Brown chum/soon-established-robbery-accomplice Dorrian Johnson. And he was credible why?
At the same time, the report released yesterday by the U.S. Department of Justice makes clear (AP, WaPo) that the Ferguson, Mo. police department was up to its hip in bad practices, ranging from the rights-violative (knowingly baseless arrests and stops, arresting persons for recording police actions) to the cynical (“revenue policing” aimed at squeezing money out of the populace over subjective/petty offenses that include “manner of walking.”)
Whether these bad local police practices are a suitable subject for federal oversight, and where the actually existing U.S. Department of Justice gets off complaining about high-handed and revenue-driven law enforcement given its own sorry track record, are other questions. But any view of Ferguson’s troubles in the back-view mirror should now acknowledge two things: 1) many people rushed to assume Officer Darren Wilson’s guilt who should have known better; 2) even so, there was much to protest in Ferguson law enforcement. (cross-posted, with a new concluding paragraph, at Cato at Liberty).
More links of interest: Don’t miss Conor Friedersdorf’s “parade of horrors” summary of the worst police abuses bared in the DoJ report [The Atlantic]; Alex Tabarrok on the Ferguson “kleptocracy” [Marginal Revolution] and Stephen Carter on “Ferguson and Its Money-Hungry Police” [Bloomberg View]; Scott Greenfield on whether or why to trust in the USDOJ.
Ken White on the Petraeus case
“So why is Petraeus getting off with a misdemeanor and a probable probationary sentence? Two reasons: money and power.” [Popehat]
When prosecutors collect private grants
In Altoona, Pa., a private philanthropic group assisted by local businesses has funneled millions of dollars to local prosecutors to go after illegal drug cases [Pittsburgh Post-Gazette] Leaders of the group, called Operation Our Town, “said they don’t pressure prosecutors, and only publish the annual arrest and prosecution numbers as a way to raise funds.” Still, the practice sheds light on the changing status of privately assisted prosecutions, which were common in the Nineteenth Century but then came under an ethical cloud:
“It’s pretty much disappeared, in part because we want disinterested prosecutors who answer to the public, and not to individuals,” said Bruce A. Green, director of the Stein Center for Law and Ethics at Fordham University in New York.
Decisions by courts in California and Tennessee, among other places, have disapproved of private subsidies to prosecutors in cases where private parties had themselves been victimized by a crime or wanted to see more enforcement of obscenity laws. On the other hand, insurance and banking industry financial participation in efforts to investigate crimes like insurance fraud and bank robbery is widely accepted, although some trial lawyers have raised questions about insurers’ role.
In Key West, Fla., last year, nonprofit groups steered funds to underwrite a local prosecutor assigned to handle drunken driving cases. The arrangement died after defense attorney Jiulio Margalli sued, saying it violated state law.
“Do you want the motivation to be justice,” asked Mr. Margalli, “or do you want the motivation of the prosecutor to be a guilty verdict so that that [office] could continue to receive funding from the organization who paid them?”
King v. Burwell oral argument
Above is an introductory video on King v. Burwell, the ObamaCare exchange subsidy challenge, from my Cato colleagues Michael Cannon and Trevor Burrus, introduced by Caleb Brown. Tomorrow you can stream this Cato reaction panel on the Court’s arguments featuring Oklahoma Attorney General Scott Pruitt, Simon Lazarus of the Constitutional Accountability Center, Jonathan Cohn of the Huffington Post; and Michael Cannon, moderated by Ilya Shapiro of Cato.
While I’ve mostly left the analysis of King v. Burwell to others at Cato (aside from gathering links to others’ work here at Overlawyered) I did respond when New York Times columnist Paul Krugman employed what I called “remarkably ugly and truculent” terms to assail the challenge, saying it could succeed only in a “corrupt” Supreme Court.
P.S. While the lawprof amicus brief on behalf of the Obama administration garbs itself in the wolf pelt of severe textualism, Jonathan Adler spies the fluffy sheep beneath.
And: an after-the-argument statement by Ilya Shapiro (“If the government wins here, then not only will Obamacare continue to be rewritten by the IRS, but any executive agency – and any future president – will be able to rewrite any law.”).
NYC’s gravity-knife law, cont’d
Carsten Vogel had been a vociferous defender of New York City police practices against critics. That all began to change one afternoon at the Nostrand Ave. station for the A train, “when he was approached by an NYPD officer, who asked what he had in his pocket.” [Jon Campbell, Village Voice; earlier here and here]
Grocery clerk wouldn’t handle pork products, sues
A lawsuit claims Costco did not do enough to accommodate the religious scruples of Brooklyn, N.Y. grocery clerk Jean Camara. He says managers sent him outside to work with shopping carts after he refused to handle pork or alcohol on checkout lines, and ignored his request for a transfer to the electronics department [WABC]
March 4 roundup
- “Woman who lost $500K calls ex-lawyer’s 5-year sentence for stealing $10M ‘a joke'” [Alabama; Martha Neil, ABA Journal]
- Canada: “Mom Lost Custody After She Left Her Kid Alone at Home for 90 Minutes” [Lenore Skenazy and Paul Best, Reason] “New British Law Will Call All Sorts of Things ‘Child Abuse.'” [Skenazy]
- “If I End Up On Life Support, My Family Knows The Type Of Long, Protracted Legal Battle I Would Want” [The Onion]
- Stiff training mandates for new drivers? Don’t be surprised if trainers develop into lobby in favor of keeping program going [Maggie Thurber, Ohio Watchdog, thanks for quote]
- “Law prof’s Garlock testimony details asbestos lawyers’ change in strategy” [Chamber-backed Legal NewsLine on Lester Brickman analysis] Plus, new ATRA website on asbestos litigation abuse;
- “BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)” [via Paul Karlsgodt]
- R.I.P. legal ethicist Monroe Freedman [Washington Post; a 2012 post of his I admired, re: showboat prosecutors]