- Forensics scandal keeps widening, as FBI agents trained state and local examiners in faulty methods [WaPo, Radley Balko] New York Times wades into case of Mississippi pathologist Steven Hayne [Reason] “Massachusetts Lab Scandal Leads to Fears of the Guilty Being Freed, Not So Much About the Innocent Being Jailed” [Shackford]
- “Speed camera reform gains momentum with Maryland lawmakers” [Washington Examiner, editorial, WBAL]
- “Gas masks, helmets for state alcohol-control agents — Everyone is a law-enforcement agent these days” [Steven Greenhut/PSI]
- How the media hatched the “bath salts face-chewer” tale [Sullum]
- “FBI investigating Utah state trooper for arresting sober people, charging them with DUI, lying on witness stand.” [@radleybalko summarizing Salt Lake City Tribune]
- Looking forward to 2013 docket in white-collar crime [Peter Henning, NYT DealBook]
- Bruce Green (Fordham), “Prosecutors and Professional Regulation” [SSRN via White Collar Crime Prof]
An in-faux-graphic on rape statistics
In recent days media outlets, including respectable ones like Washington Post “WonkBlog”, have circulated an infographic on rape incidence claiming (among other things) that false accusations of sexual assault are a vanishingly rare phenomenon. The chart claims to be sourced to official statistics, but Mark Bennett digs in a bit and finds a pile of at best strained speculation, at worst made-up nonsense. [Defending People]
P.S. This supposedly corrective piece at Slate is if anything worse than the chart it purports to correct, straining to minimize false accusation as even rarer than portrayed. (It’s worth remembering that its author, Amanda Marcotte, has a bit of a history herself when it comes to credulity on this subject.) Bennett again provides a needed corrective: “Forensic DNA typing laboratories — as numerous commentators have noted — encounter rates of exclusion of suspected attackers in close to 25 percent of cases.” (& Greenfield; and an informative followup from Bennett regarding the incidence of false accusation.) Yet more: Washington Post ombudsman says mistakes were made.
New produce safety regs, and the cost to small farmers
“The FDA has issued two proposed rules to implement the Food Safety Modernization Act enacted in 2011.” [Brian Wolfman, Public Citizen, with details and links; The Packer] “The costs to fruit and vegetable growers for complying with the newly proposed produce safety regulation have been estimated at more than $30,000 annually for large farms and about $13,000 per year for smaller farms.” [The Grower] How much do typical US farm households make in a year, you may wonder? According to U.S. government figures (here and here, for example) a large proportion of smaller family farms make little or no profit, and are instead supported by the off-farm earnings of family members. The 2011 law does provide exemptions for some of the very smallest producers, and the FDA also contemplates delayed implementation of rules for some others.
We followed the issue of small farms/foodmakers and the cost of the new law here, here, here, here, here, here (amendments aimed at lessening some burdens on small producers), and on a predecessor bill, here, here, and here.
Pursuing check-cashing stores through zoning
Check-cashing businesses are perfectly legal, but the Long Island town of Hempstead doesn’t like them, so it’s used zoning to try to force them out of areas convenient to their clientele. New York’s highest court is considering the companies’ appeal. [Newsday]
January 9 roundup
- Pittsburgh firm sued in W.V.: “Law Firm Hit With $429,000 Verdict Over Faked Asbestos Suits” [Daniel Fisher]
- “Mashantucket tribal leaders indicted in theft” [Norwich Bulletin; My 2004 take on Connecticut’s pioneering casino tribe]
- New Mexico: “Booster Club Parents Fed up with Regs” [Saving Sports] No, you can’t blame football for Title IX-driven cuts at Mount St. Mary’s [same; University of Maryland Big Ten angle]
- How about this compromise: Gannett publishes where gun owners live, but agrees to do so using Apple Maps.
- On a more serious note, some thoughts on the efficacy of popular gun-control measures in preventing mass shootings [Steve Chapman, Larry Correia, Cato on gun control] “During our negotiations, it wasn’t the NRA that was opposed to putting the names of people receiving anti-psychotic medication into the Instant Check database…it was advocates for the mentally ill.” [Josh Tzuker quoted by Tom Coale]
- “FBI Arrests 26 People for Immigration Fraud; 21 from Law Firms” [Legal Ethics Forum]
- Would anyone notice if we abolished the Cabinet position of Secretary of Commerce? [Ira Stoll]
As IOLTA shrinks, its advocates get creative
The idea of Interest on Lawyers’ Trust Accounts (IOLTA) programs in California and elsewhere is to skim off tiny sums from clients’ accounts, too small to be worth arguing about (isn’t that what class action theorists are always claiming defendants get away with?) to finance legal representation, sometimes for indigent clients, other times for “cause” litigation, the latter of which results in “a lot of unsuspecting clients funding things they may or may not have believed in.” With interest rates at prolonged lows, however, the sums raised by IOLTA have drooped, and California bar authorities have responded by burying new line items in dues renewals for voluntary levies — which have not, it seems, resulted in the hoped-for flood of lawyer contributions. [Charlotte Allen, L.A. Times](& Legal Ethics Forum)
Permission to link: the theory that won’t die
Now it’s newspapers in Ireland advancing the old, curious claim that online publishers have a right to order others not to link to their content. [McGarr Solicitors, earlier]
Mysteries of modern health care
“In the topsy-turvy world of health care, doctors and hospitals have a very powerful influence on how you are treated,” he [a university investigator] said. [San Jose Mercury-News] Topsy-turvy indeed — who would have guessed such a thing? (& InsureBlog)
Food roundup
- New thinner-isn’t-healthier study should give pause [Paul Campos, NYT]
- Inspectors order Minnesota soda shop to yank candy cigarettes, bubble gum cigars [Daily Caller]
- Cleveland might have its own version of Pike Place or Reading Terminal Market, if not for… [Nick Gillespie]
- Regulators took it down: “San Francisco’s Libertarian Food Market Is Closing” [Baylen Linnekin]
- How brutal is vegetarianism to animals? [Mike Archer via Tyler Cowen]
- Crazy: S.F. mulls zoning ban on new restaurants to protect existing ones [Linnekin] How Chicago suppresses food trucks [Katherine Mangu-Ward]
- Federal calorie labeling rules will burden restaurants [Wash. Times]
The “lurid, tragicomic” back story behind Standard Fire Insurance Co. v. Knowles
Roger Parloff at Fortune is out with a great piece on the Texarkana, Ark. shenanigans that led up to the Supreme Court’s decision to hear a case challenging evasion of the reformist Class Action Fairness Act (CAFA). I discuss at Cato at Liberty.