Best of Overlawyered — May 2017


  • Re: UPS, how much “willful blindness” (or restated, duty to act as an arm of law enforcement) is ok would be a fascinating law review article.

  • Worse, a duty is imposed on UPS that is not imposed on actual law enforcement…

    • There’s always a matter of degree—not that I support what was done to UPS–but allowing one’s resources to be used in crimes/fraud, at some point, creates responsibility. The problem is that if you give statists an inch, they take a mile.

  • Cleveland police union plans to sue toy gun makers“;

    Can the toy gun makers make restitution with play money?

    • The “gun” in the Tamir Rice case wasn’t exactly a toy.

      Tamir Rice had an Air-Soft pellet gun. Air-Soft guns fire plastic pellets, not metal BBs using compressed air generated with an electric pump built into the gun rather than a tank of CO2, or a manual pump (older BB guns)

      The pellets are harmless even at point blank range, unless you take one right in an eye.

      The Air-Soft system was not designed for toys, it was designed for making fake guns for police/military live fire training.

      Air-Soft has developed toy versions due to demand as they are safer than traditional BB guns.

      While it was released that it was an Air-Soft gun that Tamir Rice had, it’s never to my knowledge made public specifically which model he had.

  • So isn’t inquiring of a customer because they are indian on a reservation discriminatory on it’s face?