Posts Tagged ‘illegal drugs’

“DEA mines Americans’ travel records to seize millions”

“Federal drug agents regularly mine Americans’ travel information to profile people who might be ferrying money for narcotics traffickers — though they almost never use what they learn to make arrests or build criminal cases. Instead, that targeting has helped the Drug Enforcement Administration seize a small fortune in cash.” [Brad Heath, USA Today/KUSA]

Crime and punishment roundup

  • Quebec waiter arrested after seafood puts allergic customer in coma [CBC]
  • Two Black Lives Matter groupings have issued agendas, one zany leftism, the other directed at nuts-and-bolts criminal justice system reform. Media: “Door 1, please.” [Ed Krayewski]
  • Conservative lawprof Mike Rappaport on DEA’s “absurd,” “ridiculous” refusal to take marijuana off Schedule I [Law and Liberty] Recommended: Scott Greenfield and David Meyer-Lindenberg interview Julie Stewart of Families Against Mandatory Minimums, Cato Institute alum [Fault Lines]
  • “Criminal defense bar sides with business lobby in False Claims Act case” [Alison Frankel, Reuters on State Farm case before Supreme Court]
  • 6th Circuit: amendments to Michigan sex offender registry law impose retroactive, hence unconstitutional, punishment [Jonathan Adler, Scott Greenfield]
  • “Criminalizing Entrepreneurs: The regulatory state is also a prison state” [F.H. Buckley, American Conservative]

OSHA: unlawful for employers to have rule requiring drug tests after accident

Jon Hyman, Ohio Employer’s Law Blog:

Buried in OSHA’s impending final rule on electronic reporting of workplace injuries and illnesses is this little nugget. OSHA believes that you violate the law if you require an employee to take a post-accident drug test. Let me repeat. According to OSHA, you violate the law if you automatically drug test any employee after an on-the-job accident.

Allow me to pause while this sinks in.

The agency concedes that employers might still lawfully do some post-accident testing on a case by case basis so long as they are willing to develop evidence pointing to, e.g., a given employee’s drug use as an accident cause. Of course it is precisely such effectively accusatory, singling-out testing that is most likely to provoke litigation for having unfairly cast suspicion on an individual employee.

Crime and punishment roundup

  • Virginia “one of a minority of states that suspend driving privileges — in most cases, automatically — for failing to pay court costs and fines arising from offenses completely unrelated to driving.” [Washington Post editorial]
  • D.C. Circuit “Rules DOJ Discovery Blue Book Off-Limits … For Now” [Jonathan Blanks, Cato]
  • “The New York Times Knows Florida’s Self-Defense Law Is Bad but Can’t Figure Out Why” [Jacob Sullum]
  • “We often hear that almost no one goes to prison simply for using marijuana.” But add “near a school”… [David Henderson]
  • A forensics roundup from Radley Balko;
  • “When Everything Is a Crime: The Overregulation of Ordinary Life” [Harvey Silverglate conversation with Reason’s Nick Gillespie]

Medical roundup

Medical roundup

December 30 roundup

  • Federal Circuit court of appeals says government can’t deny trademark as “disparaging” just because it frowns on its expressive content, implications are favorable for Washington Redskins in their legal case [Eugene Volokh, Paul Alan Levy, In Re Simon Shiao Tam opinion, case won by past Overlawyered guestblogger Ron Coleman]
  • Mentally ill man walks into San Diego county recorder’s office, submits properly filled-out deed transferring major sports stadium to his name, chaos ensues [San Diego Union Tribune]
  • Lawsuit against prolific California class action firm includes details on how it allegedly recruits plaintiffs, shapes testimony [Daniel Fisher]
  • New Jersey: “Man Sues Because Alimony Checks Were Mean To Him” [Elie Mystal/Above the Law, ABA Journal]
  • Blustery Texan Joe Jamail, “greatest lawyer who ever lived” or not, was no stranger to Overlawyered coverage [Houston Chronicle, Texas Monthly (“We only overpaid by a factor of five, and that felt like a win”), Daniel Fisher (city should have cut down beloved oak tree in road median because “it isn’t open season on drunks”)] Jamail’s best-known case gave me chance to write what still might be my all-time favorite headline, for a Richard Epstein article in what is now Cato’s (and was then AEI’s) Regulation magazine: “The Pirates of Pennzoil.”
  • Hotel security camera footage may help decide whether Eloise tainted-sandwich tale will end up shelved as fiction [New York Post]
  • Your War on Drugs: shopping at garden store, throwing loose tea in trash after brewing combine with police goofs to generate probable cause for SWAT raid on Kansas family’s home [Radley Balko] More: Orin Kerr.

Medical roundup

  • Surprised this story of interstate lawsuit exposure hasn’t had national coverage: “Texas docs threaten to stop seeing New Mexico patients” [Hobbs, N.M., News]
  • More on the Daraprim episode and the fiasco of FDA generic-drug regulation [Watchdog, earlier here and here] More: Ira Stoll/N.Y. Sun;
  • Warrants, HIPAA be damned: Drug Enforcement Administration agents pose as Texas medical board to get at patient records [Jon Cassidy/Watchdog, Tim Cushing/TechDirt via Radley Balko]
  • Litigation finance and champerty: the reaction is under way [MathBabe, earlier on pelvic and transvaginal mesh surgery speculation]
  • No longer alas a surprise to see JAMA Pediatrics running lame, politicized content on topics like “youth gun carrying” [Jacob Sullum]
  • “Shame, blame, and defame”: in alcohol regulation as in other public health fields, government-funded research can look a lot like advocacy [Edward Peter Stringham, The Hill]
  • More adventures in public health: study finds dry counties in Kentucky have bigger problems with methamphetamine [Christopher Ingraham, Washington Post “WonkBlog”]