RSSCategory: Law

Grand Juries and Police Officers

November 25, 2014 | By | Reply More

From Five Thirty Eight:

Former New York state Chief Judge Sol Wachtler famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.” The data suggests he was barely exaggerating: According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them…

“If the prosecutor wants an indictment and doesn’t get one, something has gone horribly wrong,” said Andrew D. Leipold, a University of Illinois law professor who has written critically about grand juries. “It just doesn’t happen.”

Cases involving police shootings, however, appear to be an exception. As my colleague Reuben Fischer-Baum has written, we don’t have good data on officer-involved killings. But newspaper accounts suggest, grand juries frequently decline to indict law-enforcement officials. A recent Houston Chronicle investigation found that “police have been nearly immune from criminal charges in shootings” in Houston and other large cities in recent years. In Harris County, Texas, for example, grand juries haven’t indicted a Houston police officer since 2004; in Dallas, grand juries reviewed 81 shootings between 2008 and 2012 and returned just one indictment.

Share

Read More

On Being Primed For Worse

November 25, 2014 | By | 1 Reply More
On Being Primed For Worse

Haven’t we been gearing up for some kind of O.K. Corral showdown pretty much since the announcement that there would be a grand jury? Haven’t we been gearing up for some kind of O.K. Corral showdown pretty much since the announcement that there would be a grand jury? Sure looked like we expected what we got. [More . . . ]

Share

Read More

Time to end the “war on drugs”

November 12, 2014 | By | 1 Reply More

What’s the drug war about? American psychosis, born of racism, but now one humongous wholly misguided attempt to put children into a protective bubble. But now there is some hope for change in the right direction, according to Ethan Nadelmann’s TED talk. He is Director of Drug Policy Alliance. Brilliant talk, concluding with a call to end the drug war.

Share

Read More

Consumers do not understand arbitration

November 7, 2014 | By | 3 Replies More

How well do consumers understand arbitration? Not well at all. Almost everyone flunks a test containing basic questions.

Share

Read More

Early Racism

October 21, 2014 | By | Reply More
Early Racism

They were marched into the classroom, single file, and lined up along the blackboard to face the roomful of white faces. It would be sheerest invention to say I remember everything about that day. The only things I recall had to do with questions about how my own situation was about to change.

Share

Read More

Monkey takes selfie. No one owns the copyright

October 20, 2014 | By | Reply More

I love this story about Indonesian macaques who borrowed a camera and took their own photos. It brings together intellectual property law and animal rights into one conversation.

Share

Read More

Myths of Authority in Practice

August 22, 2014 | By | 2 Replies More
Myths of Authority in Practice

I’ve been trying to come to terms with Ferguson since it began. The shooting of Michael Browne sparked a response that surprised many people and the counter responses have been equally surprising among certain people, not so much among certain others. Every time I start to write something I find what I intended to say had already been said better elsewhere. [More . . . ]

Share

Read More

The new version of brick and mortar

August 15, 2014 | By | Reply More

I just got off the phone with a friend of mine, a lawyer from Kansas City, who mentioned that he is moving to Birmingham, Alabama. He’s fully intending to maintain his Missouri practice with his Kansas City law partner.

I’m increasingly hearing these sorts of stories from experienced lawyers who handle complex litigation. That is my situation too, and it’s working out well. My two law partners ( John Campbell and Alicia Campbell) are based in Denver, where John teaches law at Denver University, but also handles litigation with our firm. We have a workload based mainly in Missouri, and the Campbells often “commute” by airplane to Missouri to handle court hearings, depositions and trials. In the meantime, much of what all of us do involves creating pleadings and researching at our computers, exchanging tons of email and having phone conferences with other attorneys and judges. We keep our files almost entirely in the cloud and we make use of quite a few internet services and computer programs to keep our workload moving and accessible.

IMG_0764 CampbellLaw - trio portrait - March 17 2013

Functionally, it’s really not much different than it would have been had we been working together daily in a brick and mortar office. Campbell Law, LLC was featured for the way we employ technology in an article published by the Bar Assn of Metropolitan St. Louis for being one of the prominent St. Louis firms to make such extensive use of technology (I’ve attached the article as a jpeg). I’m feeling gratified about how well things are working out, especially as Campbell Law is in the process of preparing for its five-year anniversary, Alicia having founded the firm in 2009.

Share

Read More

Recipe for dysfunction, corporate or governmental

August 13, 2014 | By | 2 Replies More

Because of my recent divorce, I needed to make some changes to my health care policy which my family had purchased under Obamacare. Therefore, today, I spent almost 3 hours on the phone, first with the Obamacare people at Healthcare.gov and then with my current insurer, Anthem/Blue Cross, one of only two health insurers offering coverage on the exchange in St. Louis. For me, it was as revealing as it was frustrating. Significant dysfunction permeated both organizations.

For those who say that they would not trust the government to have a hand in health insurance, I would respond that Anthem was terrible. It took 15 minutes to even get a live human being on the line. After the man demonstrated that he was not able to answer my concerns, he refused to elevate my concern to a supervisor. He made claims that he would not confirm in writing. I do not trust large powerful corporations to be responsive to consumers whenever there is a monopoly or a near monopoly (e.g., health insurers and telecoms).

For those who say that they do not trust big corporations to handle health care, I would say that a big lumbering government is not necessarily going to solve your problems either. Healthcare.gov runs a dysfunctional site when it comes to people like me, who are attempting a special enrollment due to life changes. I would offer that the problem is that there is little meaningful pressure we can exert when the government site is deficient [In fairness, signing up for my family’s original policy through Healthcare.gov was somewhat straightforward].

The bottom line: Whenever there is substantial power and no direct pressure consumers can assert to force a big organization to change its ways, there will be substantial long-term dysfunction. It doesn’t matter whether the organization is a big corporation or a government entity.

Unless there is a meaningful feedback loop whereby consumers can force the government OR corporations to improve performance, we can expect dysfunction.

Share

Read More