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.

Protecting minorities by empowering prosecutors?

In my new CNN.com piece I argue that we shouldn’t let anger over the Zimmerman acquittal shred the rights of criminal defendants: “awarding new powers to prosecutors will likely mean that more black people will end up behind bars.” [CNN](& Steele; thanks for Instalanche to Glenn Reynolds)

P.S. Some may wonder whether a toughening of hate crime laws might be an exception to the general rule that minorities have much to fear from a broadening of grounds for prosecution. Leaving aside whether the hate crime issue has any relation to the Martin/Zimmerman case (few lawyers believe Zimmerman could be found guilty of a hate crime, and when the FBI investigated him last summer it found no evidence of racial motivation; more on this from Michelle Meyer), per FBI statistics for 2011, blacks are actually overrepresented among persons charged with hate crimes, at 21 percent compared with 14 percent of general U.S. population.

Labor and employment roundup

  • “What’s Wrong with Domestic Workers’ ‘Bill(s) of Rights'” [Wendy McElroy, The Freeman; earlier here, etc.]
  • More on the implications of supervisory-harassment case Vance v. Ball State [Kay Steiger, The Atlantic, and thanks for mention; earlier here and here]
  • N.J. doesn’t allow workers under 18 near construction sites: “Labor law limits volunteer help for Sandy relief” [Asbury Park Press]
  • Charlotte Garden (Seattle U.) on non-labor litigation by unions [Workplace Prof; a 1999 Ohio case]
  • So classically L.A. Times: in wildly slanted article, reporter Alana Semuels quotes seven lawyers/lawprofs attacking workplace arbitration contracts, none in defense;
  • One unintended consequence of limiting unpaid internships: boosting value of pre-existing social connections [David Henderson]
  • “High Court to review sweetheart deals between unions, management” [Sean Higgins, DC Examiner on Supreme Court case of UNITE HERE v. Mulhall]

Now available: “Sentence First, Verdict Afterward”

Commentary has un-paywalled my July article on the feds’ “blueprint” for how colleges and universities must deal with charges of sexual misconduct. I explain why despite a retreat to a seemingly less extreme interpretation of the law, the dangers remain that the Department of Education and Department of Justice will arm-twist academic institutions into stacked disciplinary methods and new curbs on speech. Read it here (and also consider subscribing to Commentary, gates aside). Earlier here, here, etc.

Two points worth noting: first, while the Obama administration has pushed the new plan hard, the wider trend of gradually stepped-up federal supervision over university life has been going on for decades under Republican and Democratic administrations alike. There is not much resistance: university officials and organized professors themselves are relatively half-hearted about sticking up for their own institutional autonomy. Indeed, the federal prescriptions represent in some ways a consolidation of power by already-powerful elements within the academy, as opposed to a perceived hostile takeover from the outside. In the same July issue of Commentary, Philip Hamburger has an excellent article outlining how university researchers have for decades now tamely submitted to federally prescribed controls — overseen by so-called IRBs, or institutional review boards — over such relatively innocuous forms of “human-subjects research” as interviewing politicians and observing passersby in public places. In 2007, David Hyman wrote for Cato’s Regulation magazine on “The Pathologies of Institutional Review Boards.”

P.S. Much more on IRBs from George Mason’s Zachary Schrag (book, another interview, more, blog).

July 18 roundup

  • “This is just stunning. DOJ is soliciting tips from the public in order to build a case against a single citizen.” [@radleybalko, William Jacobson, @andrewmgrossman] Apparently, Florida Gov. Rick Scott has the power to remove prosecutor Angela Corey from office, and her post-verdict description of Zimmerman as “murderer” is the sort of unprofessionalism that might advance that day [Ian Tuttle with much more about her career, earlier] Ken doesn’t hold back from telling us what he thinks of Nancy Grace [Popehat, earlier]
  • Washington Post covers USDA mandate of disaster plan for magicians’ rabbits [Lowering the Bar, David Fahrenthold/WaPo, earlier]
  • “Joel Tenenbaum’s $675,000 Music Downloading Fine Upheld” [AP]
  • “Hey look, an actual Third Amendment case” may be premature regarding this Nevada dispute, especially if we’re not sure cops = soldiery [Ilya Somin]
  • “Why The State Attorneys General’s Assault On Internet Immunity Is A Terrible Idea” [Eric Goldman, Forbes]
  • Connecticut: “Supreme Court Upholds $2.9 Million Award For Injured Bicyclist” [Courant]
  • The ABA’s annual Blawg 100 nominations are now open, in case, you know, (nudge)

California: Lawyer’s nastygram threat is free speech, not extortion

In a menacing letter that included the draft of a complaint, well-known entertainment lawyer Martin Singer informed his target that “I have deliberately left blank spaces in portions of the complaint dealing with your using company resources to arrange sexual liaisons with older men such as ‘Uncle Jerry,’ Judge ——, a/k/a ‘Dad’ (see enclosed photo), and many others. When the complaint is filed with the Los Angeles Superior Court, there will be no blanks in the pleading.” Now California appeals court judge Steven Suzukawa has ruled that the threatened disclosure was appropriately related to the financial dispute at issue and did not constitute extortion as a matter of law. [Hollywood Reporter, earlier]