Posts Tagged ‘San Diego’

Frontiers of forfeiture: emptying pre-paid bank cards

The Oklahoma Highway Patrol has become the latest law enforcement body to begin using “ERAD readers,” devices that allow police to freeze and seize any funds on pre-paid debit and credit cards, now used by many poorer and younger persons as a favored financial vehicle. The devices also allow police to obtain some data about conventional credit and ATM cards, but not, it appears from coverage, to freeze and seize funds in those accounts on the spot. “If you can prove can prove that you have a legitimate reason to have that money it will be given back to you,” said a police spokesman. Oklahoma “is paying ERAD Group Inc., $5,000 for the software and scanners, then 7.7 percent of all the cash the highway patrol seizes.” [Aaron Brilbeck/News 9 Oklahoma, Clifton Adcock/Oklahoma Watchdog, Scott Greenfield (highway patrol’s views of what is and is not suspicious confer a great deal of arbitrary power), Justin Gardner/Free Thought Project last October on Arizona use]

Plus: “New Mexico Ended Civil Asset Forfeiture. Why Then Is It Still Happening?” [NPR] A car is stopped for “swerving,” and soon police have confiscated the $18,000 its owner was carrying for payroll and other expenses of her southern California janitorial business [ACLU of San Diego, p. 7, “It happened to me: Janitorial business”]

Donald Trump inveighs against federal judge hearing Trump U. case

Last night, before a convention center filled with his followers in San Diego, presidential candidate Donald Trump chose to launch a lengthy diatribe against the local federal judge hearing the case against his Trump University. Trump said Judge Gonzalo Curiel, of the Southern District of California, should recuse himself, but cited no reasons for why other than that he had been appointed by Obama and had repeatedly ruled against Trump’s lawyers.

In his rambling remarks, Trump also referred to Judge Curiel as “Mexican”: the jurist, previously the chief federal prosecutor for drug cases in southern California, was born in Indiana. Stoking by repetition, as his crowd of thousands booed, Trump called the federal judge “a hater of Donald Trump, a hater. He’s a hater,” and said he should be placed under investigation by the court system. I wonder whether anyone will be shocked if the judge requests personal protection for himself and his family as the trial proceeds.

Obama’s 2010 State of the Union remarks railing at the Justices of the Supreme Court in their presence regarding Citizens United were bad. This is far worse: the case is still in progress, Trump is a party, and the attack is on a single judge who will now find his task of ensuring a fair trial complicated. Trump, who speaks regularly around the country, chose to unleash the diatribe in the locality where the judge and others who will participate in the case, such as jurors, work and live. [More: David Post]

Law professor Josh Blackman, active in the Federalist Society, writes as follows:

His jaw-dropping comments reflect an utter ignorance about what judges do, and amounts to a dangerous attacks on the fairness of our court system. Whatever negligible good will he built up by nominating a list of solid potential nominees to the Supreme Court was squandered with this scurrilous attack. Those who defended his selection process should immediately rebuke him for these baseless insults….

I am speechless. Absolutely, and totally speechless. I was highly critical of President Obama’s attacks on the Court. I cringe to think what will happen when the Supreme Court rules against [Trump].

This might be a good time to catch up, if you haven’t, on the legal saga of Trump University, which I’ve been following for more than a year (when I first looked into it as part of my research into the work of New York Attorney General Eric Schneiderman). Some coverage: Jillian Kay Melchior/NRO last July, Emma Brown/Washington Post last September, Ian Tuttle/NRO in February, Roger Parloff/Fortune, Joe Mullin and Jonathan Kaminsky/ArsTechnica. In the San Diego proceedings, one law firm ranged against Trump is Robbins Geller, descendant of convicted class-actioneer Bill Lerach’s Lerach Coughlin, and the subject of some less than flattering coverage in these columns over the years.

Campus climate roundup

  • New Oxford vice chancellor speaks out against threats to free inquiry as well as overregulation of universities [Iain Martin, CapX]
  • Feds: get in line on Title IX or we’ll yank your institutional science funding [Inside Higher Ed, background on Title IX]
  • More on scheme proposing mandatory oppression studies for first-year students at American University [Robby Soave/The Daily Beast (and thanks for mention), earlier]
  • Back to the days of Plessy v. Ferguson? Oregon State University holds racially segregated retreats [Peter Hasson, Daily Caller] More: University of Connecticut building segregated housing for (some) black male students [Campus Reform]
  • Sometimes there really is a good case for taking the names of evil long-dead men off public university buildings, especially if the alternative is to throw a $700,000 subsidy at a murderer-themed café that can’t make it on food sale revenues [The College Fix; UCSD’s Che Guevara cafe]
  • “Out in the real world, we have master electricians and mechanics, chess masters, masters of the universe, taskmasters of all kinds, and other such varieties of positions and titles connoting particular skill, knowledge or authority” [Harvey Silverglate, Minding the Campus, on Harvard College “masters” flap (citing “extraordinary recent expansion of the cadre of student life administrators … on virtually every campus throughout the nation”)]
  • “Post-Protest Mizzou: Adverse Consequences of the Capitulation” [Thomas Lambert, Pope Center, earlier Lambert on Missouri]

Public employment roundup

  • NYPD retiree “shared his happiness at scoring the disability pension, as well as his achievements running marathons” [New York Daily News]
  • Scott Greenfield on public sector unionism and Friedrichs v. California Teachers Association [Simple Justice, earlier] Pending Illinois case raises issues parallel to Friedrichs [Cato podcast with lead plaintiff Mark Janus and attorney Jacob Huebert]
  • San Diego voters tried to address public employee pension crisis, now state panel says doing things by ballot initiative violates obligation to bargain with unions [Scott Shackford, Reason]
  • “Staten Island Ferry deckhand who has already pocketed $600K in job related injuries sues city for $45M” [New York Daily News]
  • Detroit “firefighters were paid for 32-hour days….Numerous top-level fire officials signed off on the overtime.” [Motor City Muckraker]
  • “Without public worker unions, who would lobby against making it a crime to strike a pedestrian with right of way?” [Josh Barro on NYC controversy]
  • “Not Even a Criminal Referral to the Dept. of Justice Can Get You Fired From the VA” [Amanda Winkler, Reason]

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.

Police and prosecution roundup

  • New Cato paper finds little evidence that pot legalization in Colorado has much affected rates of use, traffic safety, violent crime, ER visits, health, education outcomes [Jeffrey Miron working paper via Jacob Sullum]
  • Ferguson narrative changes as new evidence supports officer’s story on Michael Brown confrontation [Washington Post, Marc Ambinder/The Week, New Republic]
  • Why Obama was smart to choose Loretta Lynch as AG rather than knocking Republicans’ cap off with a pick like Thomas Perez [Cato; Todd Gaziano on confirmation questions]
  • Plea bargaining system: “Why Innocent People Plead Guilty” [Judge Jed Rakoff, New York Review of Books]
  • “There’s not much to do about catcalling, unless you’re willing to see a lot more minority men hassled by the police” [Kay Hymowitz, Time] Peer pressure seems to be a factor in restraining it [Andrew Sullivan] The “practice of catcalling is most taboo among members of the upper classes.” [Conor Friedersdorf, The Atlantic, earlier]
  • San Diego says it retains discretion over when to release cop camera footage [Radley Balko] How body cameras can vindicate cops [same]
  • Elderly Wisconsin man “was never considered dangerous, [but] was known to be argumentative,” so send in the armored vehicle [Kevin Underhill, Lowering the Bar, related] “The [SWAT-raided] Tibetan monks were here on a peace mission, for Christ’s sake. Well, not for Christ’s sake, but you know what I mean.” [same] Sen. Coburn quotes Madison: standing military force with overgrown executive will not long be safe companion to liberty [WSJ]

Police and prosecution roundup

  • Enviro activists unlawfully block coal ship, Massachusetts prosecutor expresses approval by dropping charges [James Taranto, Jacob Gershman/WSJ Law Blog, ABA Journal]
  • Unfortunately-named Mr. Threatt charged with “robbery that happened while he was in jail” [Baltimore Sun via @amyalkon]
  • “How conservative, tough-on-crime Utah reined in police militarization” [Evan McMorris-Santoro, BuzzFeed] More: What if we needed it someday? San Diego Unified School District defends acquisition of armored vehicle [] And Senate hearing [AP]
  • “Machine-based traffic-ticketing systems are running amok” [David Kravets, ArsTechnica]
  • Thanks, Fraternal Order of Police, for protecting jobs of rogue Philadelphia cops who could cost taxpayers millions [Ed Krayewski; related earlier]
  • Study: returning from 6- to 12-person juries could iron out many racial anomalies at trial [Anwar et al, Tabarrok]
  • Courts can help curb overcriminalization by revitalizing rule of lenity, mens rea requirement [Steven Smith]

Disabled rights roundup

  • A rein on line-jumping by disabled tour guides? Walt Disney World changes ride admission policy [WKMG Orlando, earlier here and here]
  • Every body into the ADA: Michael Stein, Anita Silvers, Brad Areheart, and Leslie Francis in U. Chi. Law Review are latest to propose “universal” right to accommodation [Bagenstos]
  • Speaking of which, everyone interested in disability law should be following Prof. Sam Bagenstos’s Disability Law Blog, the ultimate source of many articles linked in this space. I’m honored that Prof. Bagenstos has invited me to speak to his disabilities law class today at the University of Michigan (sorry, it’s not a public event), all the more so since we regularly square off on opposite sides of these issues;
  • “First ADA suit since AMA’s obesity policy: Is this the start of something big?” [HR Morning via Eric B. Meyer]
  • “Disability Groups Defend California’s LSAT Anti-Flagging Law” [Karen Sloan, NLJ]
  • “Student Sues Kaplan For Not Providing Sign Language Interpreter” [Florida Daily Business Review] Another movie theater captioning suit [Connecticut Law Tribune]
  • Rep. Tammy Duckworth vs. putative set-aside “disabled vet”: “I’m sorry that twisting your ankle in [prep] school has now come back to hurt you in such a painful way” [Daily Caller]
  • From the rumor mill: Senate Foreign Relations Committee may hold hearings next month on ratification of Convention on the Rights of Persons with Disabilities, much criticized in this space; here’s a pro-ratification Facebook group and a John Kerry op-ed to the same effect.
  • From historic Julian, Calif. to Philadelphia, we all pay price of ADA’s coercive utopianism [Mario Loyola and Richard Epstein, The American Interest]