Posts Tagged ‘domestic violence’

February 7 roundup

Persons accused of domestic violence have right to hearing

That’s a more controversial proposition than you might think; the Connecticut Supreme Court was split 5-2 in agreeing that a hearing was necessary to confirm the validity of a protective order against a defendant who has been accused but not convicted. The case pitted the state ACLU against the Connecticut Coalition Against Domestic Violence. [Connecticut Law Tribune via Amy Alkon]

United Airlines liquor service caused husband to beat wife

Such is the contention of Yoichi and Ayisha Shimamoto, who are suing UAL “for ‘negligently’ overserving alcohol during a flight from Osaka, Japan, to San Francisco, saying the carrier’s drinks fueled the domestic violence involving the two shortly after their plane landed.” (Julie Johnsson, “Couple accuse United Airlines of overserving husband, causing him to beat wife”, Chicago Tribune, Dec. 17).

Judge locks up 46 people over ringing cellphone

Jurists behaving badly dept.:

According to the commission report, [Niagara Falls, N.Y. city court judge Robert] Restaino was presiding over a domestic-violence case when a ringing mobile phone interrupted proceedings. When no one took responsibility for the ringing phone, Restaino ordered that court security officers search for the device.

About 70 defendants were in the courtroom that day to take part in a monitoring program for domestic violence offenders. … After all the defendants denied having the phone or knowing who it belonged to, Restaino sent 46 people to jail. Fourteen who were unable to make bail were handcuffed and jailed for several hours.

The New York state Commission on Judicial Conduct removed Restaino from office Tuesday, calling his action “a gross deviation from the proper role of a judge.” (Janine Brady, “Panel gives judge a ringing rebuke”, CNN, Nov. 28; Elefant, Nov. 28).

“Criminal law comes home”

Something unusual in the Yale Law Journal: an article that takes a not entirely enthusiastic view of the continued spread of domestic restraining orders. Under such orders (some earlier posts) allegations of spousal abuse, whether or not eventually proven at trial and whether or not withdrawn by the accuser, can trigger highly burdensome sanctions against the accused spouse, including a prohibition on entering his or her own home. Harvard Law assistant professor Jeannie Suk says the process can amount to “de facto state-imposed divorce” and greatly increases the power of the state to reach into and reorder family life, sometimes against the will of both parties. (“Criminal Law Comes Home”, Oct., abstract leads to PDF of full version)(via Pattis). In response, a second law professor argues that current legal trends appropriately treat alleged domestic violence as a crime against the state and not just against the nominal victim, and that it is wrong to place too much emphasis on accusers’ supposed right to forgive abusive conduct (Cheryl Hanna, “Because Breaking Up Is Hard To Do”, The Pocket Part, Oct. 12)(& welcome Ron Coleman/Dean Esmay readers).

December 2 roundup

  • Tennie Pierce update: only 6 out of 15 members vote to override mayor’s veto of $2.7M dog-food settlement (Nov. 11). [LA Times]
  • Reforming consumer class actions. [Point of Law]
  • Judicial activism in Katrina insurance litigation in Louisiana. [Point of Law; Rossmiller; AEI]
  • What will and won’t the Seventh Circuit find sanctionable? Judge Posner’s opinion gets a lot of attention for snapping at the lawyers, but I’m more fascinated about the parts where the dog didn’t bark, which isn’t getting any commentary. [Point of Law; Smoot v. Mazda; Volokh; Above the Law]
  • Montgomery County doesn’t get to create a trio-banking system. [Zywicki @ Volokh and followup]
  • “The Hidden Danger of Seat Belts”: an article on the Peltzman Effect that doesn’t mention Peltzman. [Time; see also Cafe Hayek]
  • Pending Michigan “domestic violence” bill (opposed by domestic violence groups) criminalizes ending a relationship with a pregnant woman for improper purposes. [Detroit News via Bashman; House Bill 5882]
  • Did Griggs causes distortion in higher education? I’m not sure I’m persuaded, though Griggs is certainly problematic for other reasons (e.g., POL Aug. 12, 2004). [Pope Center via Newmark]
  • The Kramer cash settlement. [Evanier]
  • Jonathan Wilson gives Justinian Lane a solid fisking on loser pays. [Wilson]
  • Speaking of Justinian Lane, for someone who says he was “silenced” because I didn’t post a troll of a comment on Overlawyered, he’s sure making a lot of whiny noise. Hasn’t corrected his honesty problem, though. [Lane]
  • The stuff Gore found too inconvenient to tell you in “An Inconvenient Truth.” [CEI]
  • Islam: the religion of peace and mercy, for sufficiently broad definitions of peace and mercy. [Volokh]
  • One year ago in Overlawyered: photographing exhibitionist students at Penn. Jordan Koko doesn’t seem to have gone through with the threatened lawsuit. [Overlawyered]