- At least twelve Baltimore cops sought workers’ comp for stress after using deadly force on citizens [Luke Broadwater, Baltimore Sun/Carroll County Times]
- “D.C. Council votes to overhaul asset forfeiture, give property owners new rights” [Washington Post]
- A different view on Ferguson: Richard Epstein defends grand jury outcome [Hoover]
- “The House GOP leadership is blocking a police militarization reform bill from even getting a vote.” [Zach Carter, HuffPo, via @radleybalko]
- Will potential cost of citizen public records requests sink police body-camera schemes? [Seattle Times, ABA Journal]
- Marissa Alexander case, cited by critics of mandatory minimum sentencing, ends in plea deal [Brian Doherty, earlier, CBS Sunday Morning on mandatory minimum sentencing]
- Forensics guy hired by Michael Brown’s family: “If they want to think I’m a physician, then more power to them.” [Radley Balko]
- St. Louis County fines/fees: “Municipal courts charge $100 for Christmas gift of fake amnesty” [St. Louis Post-Dispatch editorial]
Posts Tagged ‘Baltimore’
Maryland roundup
- Civil libertarians won victories last term in restraining open-ended use of police surveillance, search and seizure: access to emails and social media postings older than six months will now require warrant, as will location tracking; new restrictions also placed on use of automatic license plate reading system data [ACLU 2014 policy report]
- Bill that would have banned weapons on private school grounds, whether or not the school itself had objection, failed to make it out of committee [SB 353, earlier here, here]
- Judge overturns state union’s takeover of Wicomico County teacher’s association [Mike Antonucci, more]
- Vague definitions of “trafficking” + asset forfeiture: what could go wrong with Del. Kathleen Dumais’s plan? [Reason, WYPR “Maryland Morning”, more (legislative agenda of “trafficking task force”)]
- In his spare time, Maryland Commissioner of Labor and Industry Ronald DeJuliis apparently likes to engage in urban beautification of the sign removal variety [Baltimore Sun, Quinton Report, Daily Record (governor’s office considers criminal charges against appointee “personal” and relating to “after hours”)]
- Behind the controversy over Rockville firearms dealer’s plan to offer “smart gun” [David Kopel]
- Baltimore tightens curfew laws, ’cause criminalizing kids’ being outside is for their own good [Jesse Walker, followup]
- In Montgomery County, police-union demands for “effects bargaining” were a bridge too far even for many deep-dyed liberals, but union hasn’t given up yet [Seventh State]
Maryland roundup
- In end-of-session scramble, lawmakers pass minimum wage hike [Jenna Johnson, WaPo], vote to decriminalize possession of small amounts of marijuana [Alex DeMetrick/WJZ, Jackie Wellfonder, earlier here, here, here]
- More on trial lawyer priority False Claims Act that passed House of Delegates mostly on party lines, advancing fast in Senate [coalition letter in PDF, bill status, earlier]
- “[Baltimore County] Cop Pushes and Shoves Videographer, Telling Him He Has ‘Lost’ his Freedom of Speech” [Carlos Miller/Photography Is Not a Crime via Radley Balko]
- Bill to legalize raw milk sales gets hearing, no committee action [SB 1092 (Jennings), Maryland Legislative Watch, CNS, some background]
- Much early zoning served purposes of racial subordination, Baltimore history furnishes sad example [A. Barton Hinkle]
- “Baltimore judge denies Angelos firm’s attempt to consolidate asbestos claims” [Heather Isringhausen Gvillo, Legal NewsLine] State’s high court limits asbestos “take-home” liability [Michael Ellis, Fed Soc]
- Civil-libertarian-backed bill to apply controls to law enforcement use of drones gets unfavorable report in Senate judiciary committee [SB 926, MLW, background at Cato]
Procedure and administrative law roundup
- “Venue matters.” Enough to double value of med-mal case if filed in Baltimore city rather than suburbs? [Ron Miller] Mark Behrens and Cary Silverman on litigation tourism in Pennsylvania [TortsProf]
- “Maybe [depositions] are like what some people say about war — vast periods of boredom interrupted by brief moments of terror.” [Steve McConnell, Drug and Device Law, also see Max Kennerly]
- Centrality of procedure in American legal thinking dates back to Legal Realists and before [Paul McMahon, U.Penn. J. of Int’l Law/SSRN via Mass Tort Prof]
- Company sues to challenge CPSC’s dissemination of unproven allegations about it in new public database: should judicial proceeding keep its name confidential? [Fair Warning]
- Thesis of new Jerry Mashaw book: administrative state in U.S. long predated Progressive Era [Law and Liberty: Joseph Postell, Mike Rappaport] Relatedly, hallmark of administrative state said to be “prerogative,” i.e., power to make binding rules without new legislation [Michael Greve]
- Lorax standing humor: even the Ninth Circuit might not have been able to help [Howard Wasserman, Prawfs]
- “Formalism and Deference in Administrative Law” [panel at Federalist Society National Lawyers’ Convention with Philip Hamburger, Kristin Hickman, Thomas Merrill, and Jide Okechuku Nzelibe, moderated by Jennifer Walker Elrod]
Thanks Ron Miller
Known to some of our readers through his Maryland Injury Lawyer Blog, and to many others as one of our most valued commenters (bringing the perspective of a seasoned plaintiff’s attorney, a perspective I will confess is sometimes lacking here otherwise), Ron also teaches a course on insurance law at the University of Baltimore School of Law. Last week he was kind enough to invite me to stop by and present my own perspective on the role of insurance in tort law. (Nutshell version: the insurance mechanism is exceedingly imperfect, and legal theorists and policy makers often go astray by assuming that it works more smoothly than it does.) Thanks, Ron!
Maryland roundup
- Even if some of its speedcams were illegal, Montgomery County says it doesn’t plan to issue refunds “because drivers admit guilt when they mail in their signed tickets and pay the fines” [WUSA, auto-plays video]
- Per state’s highest court, “repose statute does not bar the plaintiffs’ wrongful death action because it refers to suits for ‘injury,’ as opposed to ‘death.'” [Alex Stein, Bill of Health] Introduce comparative negligence while also reforming old doctrines like joint/several liability? [Don Gifford and Christopher Robinette via TortsProf]
- Double-blind photo lineups: “Baltimore Police Take Steps to Avoid Wrongful Convictions” [John Ross, Reason]
- State shuts down day care center. An overreaction? [Free-Range Kids]
- Reporter Audrey Hudson worries investigative sources were compromised after her notes were seized in armed Coast Guard raid on husband [Maryland Morning]
- Baltimore detective convicted of shooting himself to get workers’ comp benefits [WBAL]
- Santoni’s grocery, southeast Baltimore institution since 1930s, cites city’s beverage bottle tax as reason for closure [Baltimore Sun, auto-plays video]
- New Maryland laws effective last month include some dubious ideas passed unanimously [Maryland Legislative Watch]
Speaking in Baltimore Thursday
I’m speaking in downtown Baltimore this Thursday at 12 noon about my most recent book, Schools for Misrule. I’ve given versions of this talk many times around the country but I think this marks the first time I’ve done so in my own state of Maryland. It’s free and lunch is served, but you’ll need to RSVP to the Federalist Society Baltimore Lawyers’ Chapter. Details here.
Maryland roundup
- Error-plagued speed camera program even more error-plagued than had been realized [Fox Baltimore]
- Del. Joseph Vallario, Jr. [D-Prince George’s] chairs House Judiciary panel while practicing criminal defense law, but as conflicts of interest go we’ve heard worse [Washington Post]
- Theme of recent dramshop, contributory-negligence rulings by Maryland Court of Appeals is restraint [Michael Schearer, more; my WaPo letter on the alcohol-serving case; for a view different from mine, Donald Gifford]
- Pleading guilty in massive Baltimore jail scandal, Tavon White says “many other” guards involved in misconduct, 13 have been indicted [City Paper, Baltimore Sun/CorrectionsOne, AP/HuffPo]
- One view from the other side on unpopular “rain tax” on impervious surfaces [Tom Coale, HoCo Rising]
- “Alas, The Maryland Court of Appeals Has Reversed Ford v. Dixon” [on “every fiber, every breath” asbestos theory; David Oliver]
- What is it with Maryland and surveillance, anyway? State police zealously collect license plate-cam data [J.D. Tuccille]
Maryland roundup
- “Montgomery County firefighters can earn overtime pay while on vacation, or while taking sick days.” [Washington Post via @radleybalko]
- Will Maryland Court of Appeals overturn contributory negligence in favor of comparative negligence? [Michael Schearer page on pending case of Coleman v. Soccer Association of Columbia]
- “City Council postpones vote on Styrofoam container ban” [Baltimore Sun]
- Extensive political ties of Maryland speed camera vendor [Mark Newgent, WatchdogWire]
- Scheme to extend “Maintenance of Effort” regulations, which forbid counties from cutting budgets, from education to other service areas [Brian Griffiths, WatchdogWire]
- Fiscal sink: “Failed ‘Green’ Boutique Hotel Received Millions in State Loans” [Mark Newgent, WatchdogWire]
- Maryland ranks among states with most onerous occupational licensing burdens [Institute for Justice, “License To Work,” scroll to p. 78]
- Nice Chamber you got here in this state, be a shame if you didn’t sign this letter backing our guy Perez [Sean Higgins, Washington Examiner]
- Old but good: property tax cuts have revitalized other cities, and Baltimore needs one too [Steve Walters]
Correctional officers’ “bill of rights” and the Baltimore jail scandal
Last month 13 guards and 12 others were indicted on charges of letting a gang effectively take over management of the Baltimore City Detention Center; according to the indictment, corrupt guards allegedly smuggled in drugs, cellphones and other contraband and had sex with the gang leader, several becoming pregnant by him. Since then the public and press has been asking what went wrong. A Washington Post editorial suggests one place they might look:
The absurd situation described in the indictment took root at least partly because of a “bill of rights” for corrections officers, backed by Gov. Martin O’Malley (D) and enacted by the Maryland legislature in 2010 at the behest of the guards union, the American Federation of State, County and Municipal Employees. This bill of rights grants extraordinary protections to guards, including shielding them from threats of prosecution, transfer, dismissal or even disciplinary action during questioning for suspected wrongdoing.
While Gov. O’Malley has sought to minimize the relevance of the 2010 law, the Post notes that FBI recordings suggest that a guard who was deemed “dirty” was transferred to another facility, rather than fired — transfers-instead-of-firing being a less than optimal way of dealing with public employee corruption, but one typical of systems with strong tenure entrenchment. AFSCME, which boasted at the time of its “relentless lobbying” on behalf of the law, is now doing damage control. More: “those protections left officers at the jail without fear of sanctions for allegedly smuggling contraband or having relationships with inmates, the FBI said in an affidavit.” [Baltimore Sun] Union-allied lawmakers defend the measure [AP]