Posts Tagged ‘juries’

Crime and punishment roundup

  • Sorry, Denver cops, but you can’t keep a journalist from photographing an arrest on the street by telling her she’s violating the health-privacy law HIPAA [Alex Burness, Colorado Independent on handcuffing of editor Susan Greene]
  • Conor Friedersdorf interviews Scott Greenfield, criminal defense blogger and longtime friend of this blog, at the Atlantic;
  • Claim in new article: “extremely broad criminal statutes, no less than vague and ambiguous criminal statutes, are constitutionally problematic for depriving ordinary people of ‘fair notice’ about how the legal system actually works” [Kiel Brennan-Marquez guest series at Volokh Conspiracy: first, second, third]
  • “We Cannot Avoid the Ugly Tradeoffs of Bail Reform” [Alex Tabarrok; Scott Greenfield] New York should learn from Maryland on risks of unintended consequences [New York Post, and thanks for mention] And a Cato Daily Podcast on bail reform with Daniel Dew of the Buckeye Institute and Caleb Brown;
  • In Little Rock and elsewhere, police use of criminal informants creates disturbing incentives that can challenge both probity and accountability [Jonathan Blanks, Cato on Radley Balko account of Roderick Talley raid episode]
  • Call to scrap juries in UK rape trials (because they acquit too often) is met with criticism [Matthew Scott, Spectator]

Constitutional law as it shoulda been

In learning to reason impartially about constitutional law, a valuable exercise is to come up with a list of instances in which the best reading of the Constitution cuts *against* your own view of good policy. Ilya Somin goes first, with examples that include near-total Congressional control over foreign trade; too much use of juries; the extreme difficulty of removing a seriously bad President; the near-indelible status of state lines; and an amendment process that is too hard to use.

Medical roundup

December 6 roundup

  • Torts class hypotheticals come to life: tipsy axe-throwing, discussed in this space last June, is coming to D.C. [Jessica Sidman, Washingtonian] One guess why Japanese “slippery stairs” game show might not translate easily to Land O’ Lawyers [Dan McLaughlin on Twitter]
  • “California lawyer pleads guilty in $50M visa scam” [Debra Cassens Weiss, ABA Journal]
  • Claim: longstanding practice in Louisiana and Oregon of not requiring jury unanimity for felony convictions reflects states’ racial past [Angela A. Allen-Bell, Washington Post]
  • “Judge Halts Copyright Troll’s Lawsuit Against A Now-Deceased Elderly Man With Dementia And An IP Address” [Timothy Geigner]
  • David Henderson reviews Richard Rothstein book on history of federal encouragement of housing segregation, The Color of Law [Cato Regulation magazine]
  • Class action: sellers of cold-pressed juice should have disclosed that it was high-pressure-processed [Elaine Watson, Food Navigator USA]

Kozinski vs. Wilkinson on criminal justice reform

How can you resist a debate between two of the nation’s most distinguished federal appeals judges — Alex Kozinski of the Ninth Circuit and J. Harvie Wilkinson III of the Fourth — moderated by Tim Lynch? [more; coverage, Jacob Gershman, WSJ]

P.S. More on Judge Kozinski’s recent ideas on criminal justice reform (sample: let defendants choose jury or bench trial, study exonerations in depth, go after bad prosecutors) from Eugene Volokh and Radley Balko.

June 17 roundup

  • Skull and crossbones to follow: San Francisco pols decree health warnings on soft drink, Frappuccino billboards [Steve Chapman]
  • Judge criticizes feds’ punitive handling of AIG rescue as unlawful, but says no damages are owed to Hank Greenberg [Bloomberg, Thaya Knight/Cato, Gideon Kanner who predicted outcome, W$J]
  • Congress resisting Obama/HUD scheme to force communities to build low-income housing [Jonathan Nelson/Economics21, Marc Thiessen, Affirmatively Furthering Fair Housing or AFFH]
  • California, following New York, proposes 50 hours of mandatory pro bono work for prospective lawyers [John McGinnis]
  • Five part Renee Lettow Lerner series on historical role and present-day decay of juries [Volokh Conspiracy, introduction, parts one, two, three, four, five] Related: Mike Rappaport and follow-up on Seventh Amendment, Liberty and Law.
  • Latest Scotland drunk-driving blood threshold: Drivers “warned that having ‘no alcohol at all’ is the only way to ensure they stay within the limit” [Independent via Christopher Snowdon]
  • How not to argue for bail reform: Scott Greenfield vs. NYT op-ed writer [Simple Justice]

December 2 roundup

  • “Lying to a Lover Could Become ‘Rape’ In New Jersey” [Elizabeth Nolan Brown/Reason, Scott Greenfield]
  • “A $21 Check Prompts Toyota Driver to Wonder Who Benefited from Class Action” [Jacob Gershman, WSJ Law Blog]
  • On “right of publicity” litigation over the image of the late General George Patton [Eugene Volokh]
  • HBO exec: “We have probably 160 lawyers” looking at film about Scientology [The Hollywood Reporter]
  • Revisiting the old and unlamented Cambridge, Mass. rent control system [Fred Meyer, earlier]
  • Lawyers! Wanna win big by appealing to the jurors’ “reptile” brain? Check this highly educational offering [Keenan Ball]
  • “Suit claims Google’s listings for unlicensed locksmiths harmed licensed business” [ABA Journal]