In Rockville, Maryland, a ten-year-old kid is riding the city bus [Free-Range Kids]
Posts Tagged ‘Child Protective Services’
Asset forfeiture roundup
- Press accounts have exposed a pattern of police stops of out of state motorists in rural Tennessee, in which police search motorists’ cars and then confiscate large sums of money they find on the presumption that it is criminal-related. Now, in Henry, Tennessee — named after Patrick Henry, of “Give Me Liberty or Give Me Death” fame — the police chief has told the town he needs a police dog because “the city is missing out on possible revenues” [dog testimonials; more Tennessee, via Eapen Thampy of Americans for Forfeiture Reform, guestblogging last month at Radley Balko’s Agitator site]
- Also via Thampy, economically hard-hit Butte County, California, north of Sacramento, has been filling its budget hole through pot-grower busts accompanied by aggressive forfeitures; in a perhaps not unrelated phenomenon, the county snatches kids from parents at an exceedingly high rate. More on child protective services in Butte County at the Chico News & Review (& more: Angela Bacca, SKUNK).
- Via Ilya Somin, this from a Steven Greenhut column:
Few groups of “sinners” were singled out in biblical accounts more than “tax collectors,” who were not merely state agents collecting revenues that taxpayers rightfully owed to the government. They were the source of particular loathing because they were extortionists, who profited personally by shaking down as much money from citizens as possible…
The Gospel accounts provide an early lesson in the danger of marrying the profit motive with governmental power. The possibility for abuse is great. Yet throughout the United States, government agencies increasingly rely on “civil forfeiture” to bolster their strained budgets. The more assets these modern-day tax collectors seize, the more money they have for new equipment and other things….
- From reader John Brewer, on an Ohio gardening-equipment seizure: “Structurally, it seems even worse to have the judge who originally signed the search warrant have a say in what gets done with the confiscated stuff than it does for the cops/DA to get it, despite the cute-and-cuddly outcome here.”
- Tomorrow’s abuses today: the federal Bureau of Alcohol, Tobacco, and Firearms [BATF] has just been given a major enhancement to its forfeiture powers. [David Kopel/Volokh]
- For more information on this subject, check out the many online resources offered by the Cato Institute; Cato scholars took an early interest in exposing the problems of civil and criminal asset forfeiture, and our focus on the issue continues to this day. More: Scott Greenfield. (& Tim Lynch, PoliceMisconduct.net)
“Lose one child … then lose them all.”
“Parents who transport a youngster without a car seat and lose the child in a fatal traffic accident may have their surviving children removed by social welfare authorities, the California Supreme Court decided unanimously.” [Maura Dolan, L.A. Times via Ann Althouse, whose commentary is borrowed for the headline]
Dad lets kids, 9 and 6, play in park for two hours
The kids were playing on swings and were fine while the father ran errands and took a shower at the gym, but police charged him with child endangerment. [Free-Range Kids; Chartiers Valley Patch (suburban Pittsburgh)]
Also via Free-Range Kids: more on play date and birthday party liability waivers [Today Moms; earlier here, etc.]
April 6 roundup
- “Help, I left my kids to wait in the car for less than five minutes, now I’m on trial for child endangerment” [Skenazy] “N.Y. State Senate Passes Bill Outlawing Kids Under 8 Waiting in Cars” [same]
- “Greek court dismisses charges against German magazine for denigrating national symbol” [AP]
- Pre-clearance for financial innovation, as with drugs and the FDA? Bad idea [Mark Calabria/Cato, The Economist, Thom Lambert]
- NYT, Reuters misreport effect of Stand Your Ground laws [Jacob Sullum, Robert VerBruggen/NRO, earlier here, etc.]
- “Attorney advises against talking to Baltimore Sun in email mistakenly sent to Baltimore Sun” [Andrew Beaujon, Poynter]
- Ken at Popehat knows how to pick his enemies [first, second, third posts, Philly Law Blog]
- “Now Can We Start Talking About the Real Foxconn?” [Tim Culpan, Bloomberg]
March 21 roundup
- Shame on DoJ: “Systematic concealment” of evidence when feds prosecuted Sen. Ted Stevens [WaPo, Caleb Mason/Prawfs] NYT notes feds’ losing streak in Foreign Corrupt Practices Act prosecutions [NYT, our latest]
- Italy: tax officials stop luxury cars, demand drivers’ most recent tax returns [Secular Right]
- Pinterest: casual users (perhaps especially casual users) might be opening themselves to copyright liability [DDK Portraits, WSJ Law Blog] And in case you needed a reminder not to publish photos grabbed from random web sources… [Webcopyplus]
- In new Atlantic special report, Philip K. Howard collects papers on outdated government law and regulation from contributors Robert Litan, Julie Barnes, Mark Warner, Jim Cooper;
- Institute for Justice sues IRS over its new licensing requirements for tax preparers [Ilya Shapiro and Chaim Gordon/Cato, Paul Caron/TaxProf, Katherine Mangu-Ward, Barton Hinkle]
- “It is acceptable to refer to all court proceedings as a ‘trial,’ because seriously, you ever sat through one of those things?” [@FakeAPStylebook]
- Christopher Booker series on child-snatching by UK authorities [Telegraph: first, second, third]
March 12 roundup
- How ObamaCare will drive up cost of contraception [Avik Roy] Better idea: sell Pill over the counter [Virginia Postrel, Bloomberg]
- Had been seized by authorities: obese 9-year-old returns home after dropping 50 pounds [Cleveland Plain Dealer, earlier]
- Best campaign funding mechanism ever? [Ron Paul Forums, JPG, more explanation; but is it lawful?]
- More appreciations of Bill Stuntz crimlaw book [Leon Neyfakh, Boston Globe, Stephen Smith and Jonathan Jacobs, Liberty and Law]
- Changes in court rules could curb Philadelphia’s allure for mass tort forum-shoppers [Alison Frankel, Reuters] “Further Empirical Evidence on Forum Shopping in Philadelphia Civil Courts” [Josh Wright, earlier]
- Coming: federal authority over private firms’ IT-security departments? [Jim Harper/Cato; Constantine von Hoffman/CIO]
- “0.1% claim rate in ‘successful’ class action” [Ted Frank/PoL, AT&T case]
European roundup
- Overseas press excoriates new FATCA tax-Americans’-foreign-earnings law; some foreign banks now turn away American customers [Dan Mitchell, Cato, Reason] “The Fatca story is really kind of insane.” [Caplin & Drysdale’s H. David Rosenbloom, NYT via TaxProf] Will Congress back down? [Peter Spiro/OJ, more]
- Important new book from James Maxeiner (University of Baltimore) and co-authors Gyooho Lee and Armin Weber on what the U.S. can learn from legal procedure overseas: “Failures of American Civil Justice in International Perspective” [TortsProf]
- Don’t do it: British administration mulls further move away from loser-pays rule in search of — what exactly, a yet more Americanized litigation culture? [Guardian, Law Society]
- Apparently in Norway it’s possible to lose one’s kids by feeding them by hand [Shikha Dalmia, Reason]
- Financial transaction tax? Ask the Swedes how that worked out [Mike “Mish” Shedlock, Business Insider]
- Notes from conference on globalization of class actions [Karlsgodt] Related: Adam Zimmerman;
- “Another conviction in Europe for insulting religion” [Volokh; Polish pop star] Campus secularists’ speech under fire in the U.K. as “Jesus and Mo” controversy spreads to LSE [Popehat] British speech prosecution of soccer star [Suneal Bedi and William Marra, NRO]
“The Police Have No Obligation To Protect You. Yes, Really.”
In cases such as DeShaney v. Winnebago County (1989) and Castle Rock v. Gonzales (2005), the Supreme Court has declined to put police and other public authorities under any general duty to protect individuals from crime. The decisions have been broadly unpopular, but Mike McDaniel at PJ Media takes the Court’s side on policy grounds: “This [lack of a particularized duty] might seem absolutely outrageous, but it is logical, rational, and unquestionably necessary.”
Ohio: county yanks obese child from family
“An 8-year-old Cleveland Heights boy was taken from his family and placed in foster care last month after county case workers said his mother wasn’t doing enough to control his weight.” Lawyers for the mother of the >200-lb. boy “think the county has overreached in this case by arguing that medical conditions the boy is at risk for — but doesn’t yet have — pose an imminent danger to his health.” The county claims that the mother has ignored doctor’s orders, which she denies. [Rachel Dissell, Cleveland Plain Dealer; see correction on weight in comments]
P.S. As several press accounts note, the issue has been building for a while, notably this summer when Harvard researchers published a piece in JAMA calling for wider removal of obese children from homes.