Posts Tagged ‘New Jersey’

Maryland: “Bail reform hasn’t led to fewer held in jail, court records show”

A Capital News Service series published at Maryland Matters confirms that in Maryland, at least, bail reform has had trouble meeting its intended goals. In particular, while the number held for inability to meet bail has dropped sharply since the adoption of reforms in February 2017, Baltimore in particular has seen an offsetting jump in the rate at which judges hold defendants without making bail available. Statewide, “the number of people held with bail decreased from 29.8 percent to 18.4 percent over the past 18 months, while the number of people held without bail has increased from 13.6 percent to 22.6 percent.” [Alicia Cherem and Carly Taylor with sidebar by Kaitlyn Hopkins and James Crabtree-Hannigan] I reported on the same trend in 2017 and again last year.

A second entry in the series examines the adoption of pretrial risk assessment algorithms which can make up for some of the lost functions of cash bail, a county-by-county process still under way across the state [Angela Roberts and Nora Eckert] A third looks at the “trial penalty”: numbers show that “defendants who reject plea bargains and are convicted when they choose to go to trial for many types of crimes face longer sentences – sometimes substantially longer – than defendants who make a deal.” [Shruti Bhatt, Angela Roberts and Nora Eckert]

It’s worth remembering that state ventures in bail reform can lead to quite different outcomes depending on the strategy tried. New Jersey, which has won praise for its careful development of pretrial services, “is approaching two years operating a bail system where people don’t have to pay money to be free from jail. The crime wave some warned about hasn’t happened.” [Scott Shackford, Reason; Marc Levin, Real Clear Policy]

February 13 roundup

  • Michigan’s Oakland County seizes rental property owned by elderly man over $8.41 unpaid tax bill plus $277 in fees and interest, sells property for $24,500, keeps all the surplus cash for itself. Constitutional? [Joe Barnett, Detroit News]
  • Pruning obsolete laws: “Teaneck Council repeals more than a dozen old laws, including ban on cursing” [Megan Burrow, North Jersey Record, quoting Councilman and longtime friend of this site Keith Kaplan]
  • “What does the Constitution have to say about national emergencies, both real and imagined?” [Cato Daily Podcast with Gene Healy and Caleb Brown]
  • Lawyer in drunk-driving case: my client’s chewing on her coat could’ve thrown off breath test [AP/WSBT (Berwick, Pa.)]
  • Baltimore police corruption, tax policies that attract people, densifying MoCo and more in my latest Maryland policy roundup [Free State Notes]
  • Busybodies in Bismarck: “North Dakota’s Excellent Food Freedom Act Is Under Attack Yet Again” [Baylen Linnekin]

Liability roundup

  • Big win for scientific rigor in the courts as New Jersey joins 40 other states in adopting Daubert standards for expert testimony, in In re Accutane Litigation [Washington Legal Foundation: Evan Tager and Surya Kundu, Joe Hollingsworth and Robert Johnston] With the long domination of the Florida Supreme Court by its liberal bloc soon to end, is it too much to hope that Florida joins the national trend too? [Evan Tager and Matthew Waring, WLF]
  • California lawyers sue electric scooter companies and manufacturers after users run into pedestrians on street, park improperly in handicapped spaces, and leave them in places where they can be tripped over [Cyrus Farivar, ArsTechnica]
  • Defendants obtain fees and costs in suit against siren maker over firefighter hearing loss [Stephen McConnell, Drug and Device Law]
  • Some safety advocates’ flip-flops on autonomous vehicle legislation in Congress might relate to trial lawyers’ agenda of the moment [Marc Scribner, CEI, more]
  • “Labaton Sucharow agrees to return $4.8M in attorney fees after attorney finder fee is revealed” [ABA Journal, earlier on State Street/Arkansas Teacher Retirement System case here, etc.]
  • MGM, Fox settle class action claiming that box set of “all” James Bond films lacked two made outside the franchise [Eriq Gardner/Hollywood Reporter, earlier]

Medical roundup

Police and prosecution roundup

  • After parking lot shooting Pinellas County, Florida sheriff “claim[ed] his hands were tied by Florida’s Stand Your Ground law. But that is not true” [Jacob Sullum, Reason, more; David French, NRO]
  • Major USA Today story on origins of Baltimore’s devastating crime and murder wave [Brad Heath; Jonathan Blanks, Cato]
  • Related: in Baltimore’s Gun Trace Task Force police scandal, plea bargains punished the innocent [Capital News Service investigation by Angela Roberts, Lindsay Huth, Alex Mann, Tom Hart and James Whitlow: first, second, third parts]
  • California Senate votes 26 to 11 to abolish felony murder rule, under which participants in some serious crimes face murder rap if others’ actions result in death [ABA Journal, bill]
  • New Jersey’s reforms curtailing cash bail, unlike Maryland’s, seem to be working reasonably well [Scott Shackford; longer Shackford article on bail in Reason; earlier here, here, etc.]
  • “Miami Police Union Says Head-Kicking Cop ‘Used Great Restraint,’ Shouldn’t Be Charged” [Jerry Iannelli, Miami New Times]

Free speech roundup

  • Sen. Dianne Feinstein (D-Calif.) proposes to regulate social media bots, or to put it differently, to regulate a form of speech carried on through automated mechanisms [John Samples, Cato]
  • “The State of New Jersey Wants to Subsidize News. Uh-oh.” [Jack Shafer, Politico] Canada, farther down this road, moves toward outright government subsidies to newspapers [Mylene Crete and Jordan Press, Canadian Press]
  • “Court tosses disbarred lawyer’s suit over newspaper article on his ethics case with a ‘crime’ header” [ABA Journal]
  • Compelled speech in NIFLA v. Becerra: “A First Amendment Win in a Case That Was NOT about Abortion” [Ilya Shapiro and Meggan DeWitt, Eugene Volokh, Erica Goldberg] More: DeWitt Cato podcast;
  • New Nadine Strossen book on hate speech challenges some conventionally accepted ideas about its effects [John Samples, earlier] Man in Pennsylvania charged with felony ethnic intimidation after calling officers who were arresting him Nazis, skinheads, and Gestapo [Joshua Vaughn, The Appeal]
  • Will lawyers face punishment for using wrong-gender pronouns in social or bar-association activities? Lambda Legal suggests the answer is yes [Eugene Volokh]

Banking and finance roundup

  • Using regulation to stomp political adversaries endangers rule of law: Gov. Cuomo directs New York financial regulators to pressure banks, insurers to break ties with National Rifle Association (NRA) [J.D. Tuccille, Reason]
  • My opinion piece on New Jersey governor’s scheme for a state bank has now escaped its WSJ paywall; WSJ readers respond [letters] And Sen. Kirsten Gillibrand [D-N.Y.] has now introduced a plan to get the federal government into retail banking via the post office [Daniel Marans, Huffington Post, quoting Gillibrand’s interesting claim that “Literally the only person who is going to be against this is somebody who wants to protect payday lender profits.”] More: Nick Zaiac on postal banking;
  • “From Kelo to Starr: Not Merely an Unlawful Taking but an Illegal Exaction” [Philip Hamburger on federal government’s acquisition of a dominant equity stake in AIG]
  • Court’s opinion on consumer debt contract formed in New York specifying Delaware law undermines “valid-when-made” doctrine that promotes liquidity of secondary debt market [Diego Zuluaga, Cato]
  • “Some blockchains, as currently designed, are incompatible with” the European Union’s General Data Protection Regulation [Olga Kharif, Bloomberg via Tyler Cowen]
  • And if you’re interested in the legal constraints holding back the extension of banking services to the cannabis industry, tune in to a Cato conference on that subject May 10.

New Jersey high court: uninjured complainants can’t enforce consumer law

An unusually strong New Jersey law, the Truth-in-Consumer Contract, Notice and Warranty Act (“TCCWNA”), “prohibits consumer documents from containing provisions that violate clearly established rights or responsibilities,” whether or not the business that distributed the document then acts on the provision. Businesses that imprudently employ standard-form contracts available from office-supply stores, for example, may violate the law if the language deviates (as it often will) from more pro-consumer New Jersey doctrines. The law carries a $100 per-infraction fee that can be multiplied to large numbers applied across a range of transactions. A cottage industry of entrepreneurial suit-filing has grown up under the statute but now, in the case of Spade v. Select Comfort, a unanimous New Jersey Supreme Court has ruled that only consumers who have suffered actual damage can sue under the law, though damages can be non-monetary. The decision is likely to cut back on entrepreneurial uses of the law and in particular class actions where no evidence can be shown that a document’s improper wording harmed many members of a putative class. [Ryan P. Phair and Emily K. Bolles (Hunton & Williams), Lexology; earlier here, here, and related]

“Vehicle Safety Inspections Don’t Increase Safety”

When New Jersey repealed its requirement for periodic auto safety inspections, there was no statistically meaningful rise in the frequency of accidents due to car failure, or to road fatalities whether linked to car failures or not. Alex Tabarrok: “It’s time to ditch the annual safety inspection and either move to no inspection system at all or like Maryland move to a system that requires safety inspections only at transfer. I’m not convinced that is necessary either, since at transfer is precisely when the buyer will run an inspection anyway, but at least that system would reduce the number of inspections significantly.” [Marginal Revolution, New York Post editorial; Alex Hoagland and Trevor Woolley]

New Jersey considers launching state-owned bank

“Politicians Want to Start a Bank. What Could Go Wrong?” is the title of my new Wall Street Journal op-ed about New Jersey Gov. Phil Murphy’s very bad idea.

The article will be paywalled for many, but you can read some of the journalistic coverage of the bank issue: Matt Friedman, Politico, Samantha Marcus/NJ Advance Media. Some articles I cite in my piece along with relevant links/research: The Economist on German Landesbanken, Aaron Fernando, The Progressive (citing German example, and noting current campaigns for city-owned banks in Los Angeles, San Francisco, Seattle, and other cities); Erica Jedynak letter, MyCentralJersey.com (“A 2011 report based on research provided by Federal Reserve Bank of Boston and other state agencies recommended the Massachusetts legislature not pursue the idea”).

More: Joseph Lawler, Washington Examiner:

Research on public-owned banks across the world suggests [that lending is politicized]. A 2002 paper from a Northwestern University economist found that areas with stronger political parties get lower interest rates from public banks. Political interference is likely the reason that public banks have been found to underperform compared to private banks in underdeveloped countries, according to a 2012 paper written by Taiwanese researchers.

On corruption rankings, Transparency.org on Germany; Five Thirty-Eight and Harvard Safra Ethics Center on U.S. states. On New Jersey’s outstandingly bad record for corruption: Olivia Nuzzi, Daily Beast and Philip Bump, Washington Post.