According to Sen. Mike Crapo (R-Idaho), this West Side Story-era federal law has become a trap for working Americans in many occupations who use knives caught up under its provisions, and repealing it will leave them freer and safer [American Knife and Tool Institute/Officer.com; related on gravity-knife laws]
Archive for 2017
Environment roundup
- Seattle will ban restaurants from giving plastic straws [Christian Britschgi]
- Big money in climate inquisition? Lawyers with contingency-fee role in AGs’ carbon campaign join Hagens Berman [Scott Flaherty, American Lawyer; earlier on climate lawyers on contingency fee here and here]
- Encyclopedia of Libertarianism, 2008, includes entries on urban planning by Mark Pennington and on eminent domain and takings by Karol Boudreaux;
- California legislature’s $1.5 billion green Christmas tree includes bill “aimed at helping a union looking to organize workers who assemble Tesla electric cars in Fremont” [AP]
- Michigan AG Schuette indicts state human services chief Nick Lyon in Flint water case, and a prominent Democrat and Republican both take exception to that [Kathleen Gray, Detroit Free Press (former AG Frank Kelley); Maura Corrigan]
- “You Should Be Able to Vindicate Federal Property Rights in Federal Court” [Ilya Shapiro and Meggan DeWitt, Cato on Wayside Church v. Van Buren County]
“Starbucks robber to sue customer”
“A man who is accused of trying to rob a Fresno, California Starbucks plans to sue a customer who stopped him for using excessive force. Fresno police called the customer a ‘courageous hero’ for his actions and did not charge Cregg Jerri for his actions.” Jerri wrested the knife from Ryan Florez, who now faces charges of armed robbery and assault with a deadly weapon. Florez’s mother, Pamela Chimienti, says Jerri didn’t have to stab Florez so many times in subduing him. [Fox 11 L.A.]
Bail reform? Careful how that goes
A campaign to get rid of the bail bond industry is currently in full swing across the country, with support from many liberals and libertarians. I’ve got an op-ed in the weekend Wall Street Journal’s “Cross Country” feature warning that Maryland’s experience over the past year should be a cautionary lesson:
Last fall the state’s attorney general, Brian Frosh, issued guidance that suddenly declared past bail methods unlawful, prodding the court system into an unplanned experiment. Judges may not set financial requirements if there is a reason to believe the defendant cannot pay, and unless they hold a suspect without bail, they must impose the “least onerous” conditions.
Now the results are coming in, and they can’t be what Mr. Frosh had in mind. An early report in March by Kelsi Loos in the Frederick News-Post found that since October the share of Maryland defendants held without bail had increased from 10% to 14%. The Washington Post later reported that from September 2016 to May the figure had jumped from 7% to 15%.
Meanwhile, fewer released defendants are showing up for trial. The Post, confirming anecdotal reports, writes that the “failure to appear” rate in January was 14.5%, up five points from October. Failing to show up for court sets up a defendant for more-severe consequences down the road, which can include being held without bail.
While bail reform is supposed to reduce the number of inmates held in jail, the number has instead increased in some places, though the results appear inconsistent.
If bail is taken away, judges need other tools to do the same job. Decades ago, when Congress steered the federal criminal-justice system away from bail bonds, lawmakers provided practical replacements, including systematic help in assessing a defendant’s risk of flight or re-offense, options for pretrial supervision, and methods of home and electronic detention. Several states have done the same. New Jersey now uses a mathematical algorithm to assess a person’s risk of fleeing or committing another crime. But the Maryland legislature, deeply split over Mr. Frosh’s destabilizing changes, has failed to set up such alternatives.
Maryland’s example doesn’t refute the idea of bail reform. But it does suggest state leaders should work to build consensus for comprehensive changes, instead of charging ahead with moralizing experiments.
On the current campaign to end bail bonds, see American Bar Association, Sens. Kamala Harris and Rand Paul and newspapers praising, Marc Levin (conservative), ACLU (villainizing insurers), Gary Raney.
Other perspectives: Scott Greenfield (“pre-trial incarceration was a huge factor in obtaining guilty pleas from innocent defendants,” but algorithms, used as replacement in places like New Jersey, have problems too), Joshua Page (some families value bond company’s service), Dan Mitchell. On the uncertain stance of constitutional law, see Pugh v. Rainwater (Fifth Circuit 1977) and more (LaFave et al.), Walker v. City of Calhoun, 2016 (Cato amicus: bail must be individualized) and more (James McGehee).
“Phase 4: be recognized as the lawful King of Australia.”
That might be the hard part of the plan [Lowering the Bar]
“Uncovering Philly law enforcement’s secret bank accounts”
So where do the seized forfeiture money go in one of the nation’s most troubled police departments? An investigation [Ryan Briggs and Max Marin, City and State PA] More on Philadelphia and forfeiture here.
“Lawyer sues to end bottomless brunches”
Manhattan attorney Robert Halpern, a “public interest lawyer” — says who? — fancies himself a scourge of the weekend mimosa and Bloody Mary crowd. “Bottomless brunches lead to more drinking in the neighborhood, which leads to more noise, more crowds and more uncivil behavior,” he complains in court papers. [Julia Marsh, New York Post]
Class action roundup
- “The entire panoply of extreme cy pres abuse is present”: Google privacy class action [James Beck; Ted Frank petition for rehearing]
- Settlement administrator greatly overestimated claims in TCPA suit against Rita’s Italian Ice, judge orders reallocation of money to class [P.J. D’Annunzio, Legal Intelligencer]
- “U.S. Judges Could Learn From U.K. Court’s Rejection Of MasterCard Class Action” [Daniel Fisher]
- Revisiting a failed 1978 proposal to replace class action with hybrid public/private enforcement [David Freeman Engstrom, U. Penn. L. Rev. via CL&P]
- David Marcus (Arizona), “History of the Modern Class Action, Part II” covering 1981-1994 [forthcoming Fordham L.Rev., I turn up in footnote 360 and a couple of others; Part I is here]
- Medical monitoring class actions, once seen as wave of future. have not done well [John Sullivan, Drug & Device Law]
San Francisco, Oakland sue oil companies over climate change
Can’t get what you seek in the political process? Sue! (And maybe cut in your lawyer pals for mega-fees too). [Kurtis Alexander, San Francisco Chronicle]
After many a workplace enactment, is D.C. experiencing mandate fatigue?
Washington, D.C. “Council Chairman Phil Mendelson …has proposed a moratorium through the end of 2018 on [labor-law] bills that would negatively affect businesses.” About time, too: “While D.C., like Seattle and San Francisco, has the slack to absorb large-scale folly thanks to its role in hosting a booming sector of today’s economy, it is not entirely immune from nearby competition, a few miles away in Virginia and Maryland.” Let’s hope this snaps the recent streak of employer mandate legislation in cities and states that see themselves as progressive. I discuss in my new Cato post.