Bank of America disclosure controversy

No good deed goes unpunished, suggest the editorialists at the Washington Post of an aggressive enforcement action by New York attorney general Andrew Cuomo over the bank’s Merrill Lynch deal. “Dishonest dealing in the securities markets is a problem. So are duplicative state and federal laws that can make companies repeatedly liable for the same conduct under different legal standards.”

U.K.: study finds jurors “fail to understand judges’ instructions”

“Two thirds of jurors sitting in British courts fail to understand what a judge tells them about important aspects of the law, risking serious miscarriages of justice, a study [based on 69,000 verdicts] concludes.” One possible response is a greater shift to written instructions from judges. [Telegraph] Among other conclusions of the Ministry of Justice study: “all-white juries do not discriminate against black defendants” and “men sitting on juries are less likely than women to listen to arguments and change their minds.” [Times Online]

Government-created risk

“How the U.S. government poisoned alcohol during Prohibition, with deadly consequences.” [Blum/Slate] A little while back I did an article for Reason on the surprisingly frequent role government has played in promoting and furthering products that pose a risk to life and limb.

P.S. It’s still going on, though with a lower toll: ethanol sold for nondrinking use is “denatured” and made poisonous by law (h/t James Fulford in comments, Alex Tabarrok)

New at Point of Law

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