Contrary to what has been reported, there are major and important differences between the "religious freedom" law passed recently in Indiana and the federal Religious Freedom Restoration Act and about 19 other state laws similar to it. Here's the main difference: Indiana's law "has been carefully written to make clear that 1) businesses can use it against 2) civil-rights suits brought by individuals."
Supreme Court Justices Anthony Kennedy and Stephen Breyer testified the House Appropriations Committee earlier this week, the main purpose being the Supreme Court's budget request. But the discussion ranged far, some of the Justices' observations being:
"This idea of total incarceration just isn't working." -- Justice Kennedy
“Do you want to have mandatory minimums? I’ve said publicly many times that i think that’s a terrible idea." -- Justice Breyer
This might be a dog bites man story, but it has a twist. Two clients accuse a New York/New Jersey personal injury firm, Finkelstein & Partners, of overcharging them by including charges on their bill allegedly paid to an outside firm, which the suit alleges was owned by the law firm.
Jeffrey Harding of Mahway, New Jersey and his mother, Nancy Harding, hired a personal injury firm, Finkelstein & Partners, to represent them in slip and fall personal injury suits. The suits resulted in fairly substantial settlements, $195,000 and $99,000, for the Hardings. The Hardings complain that charges paid to a company, Total Trial Solutions, were added to their bills in addition to the contingent fees owed the lawyers.
If the charges are a sham, the Hardings should win, get their money plus some, as should any and all other clients who were similarly ripped off, and the lawyers should be disciplined by the New Jersey bar. But if the charges were legitimate, the Hardings and their new lawyer should be ashamed. We'll see what happens.
In the days immediately following the shooting of Michael Brown by Ferguson, Missouri police officer Darren Wilson the story was offered up that Brown had been shot in the back only after trying to surrender, the "hands up don't shoot" line.
My last two posts have cheered the resignations (hopefully in shame) of a hack municipal court judge and the city manager of Ferguson, Missouri.
But early this morning some asshole opened fire on two police officers standing respectfully in front of the Ferguson police department offices, while American citizens cheered the resignation of the Ferguson police chief, Thomas Jackson. These two police officers, one from the nearby township of Webster Groves and one from St. Louis, were doing their job, one unpleasant at such times no doubt but with the honor and dignity that we would all hope would be carried. They were injured pretty badly but not too badly and have been released from the hospital.
Attorney General Eric Holder (who I think has been great) calls the shooters "punks"; that's too nice and I don't have to be. I have another word and one more fitting: assholes.
Ronald Brockmeyer, a Ferguson, Missouri municipal court judge, cited in last week's Department of Justice report for his "creative" abuse of the law to facilitate the predations of the city government on its mostly African-American population announced his resignation yesterday. The report also detailed how Brockmeyer dismissed matters and tickets involving himself and friends. The Missouri Supreme Court on Monday took away the court from Brockmeyer and assigned it to a state circuit judge. Brockmeyer has outstanding federal tax liens of some $170,000 for back taxes owed, but he had no problem locking up and piling on poor people who were unable to pay their fines on time. Report in the St Louis Post-Dispatch, Missouri Supreme Court Takes Over Cases in Ferguson; Judge Resigns.
The Department of Justice released earlier this week its findings and report regarding the shooting of Michael Brown by Ferguson, Missouri police officer Darren Wilson and its more general investigation of the city's police department's operations and practices.
DOJ concluded correctly that there was no basis for criminal charges against Officer Wilson. This is the same conclusion reached correctly by the state prosecutor some time ago. That is one thing.
DOJ's investigative report regarding the general practices of the Ferguson police department revealed why the Brown shooting provoked such outrage and sustained protest: the police department functioned as a predatory instrument by the city government to enrich the city's coffers at the expense of its largely minority population. The local court system went right along and enabled it. That would make anyone mad and for good reason. That's not to say that it justifies or excuses rioting, property damage and civil disorder. Two wrongs do not make a right, as we were taught as children.
