Archive for the ‘Law’ Category

Happy Hacker update.

Wednesday, January 11th, 2012

We are compelled to note, for those keeping score at home, that Laura Hall’s latest appeal has been rejected by the state Court of Criminal Appeals.

(Previously. Also previously.)

That’s not a lawsuit. This is a lawsuit.

Wednesday, January 11th, 2012

The Belle Meade Country Club (near Nashville) is being sued by a former chef for discrimination.

The twist? He claims he was discriminated against because he’s…Australian.

The chef, Richard Jones, alleges that his boss, an executive sous chef, made numerous comments about Australia being undeveloped and backwards, and about its people being “unrefined,” according to Greenberg.

It is incomprehensible to me how anyone could discriminate against Australians. The couple of Australians I’ve met have been among the nicest people in the world. It would be like kicking a puppy.

Anyway, if this is true, I hope Mr. Jones gets all that he is seeking in damages, and uses the money to open a nice restaurant (barbecued shrimp optional).

Should have been a doctor.

Wednesday, January 11th, 2012

More specifically, I guess I should have been a hand surgeon.

For those of you previously unfamiliar with the saga of Dr. Michael Brown, you can find a good introduction here.

The latest development? According to the HouChron, Dr. Brown was spending $60,000 a month on strippers (between, at least, December 2010 and August 2011).

Now, that sounds bad, but let’s think this through. An average month has 30 days, so that’s really just $2,000 a day. And according to the article, he was paying four strippers, so that’s really $500/day/stripper, which doesn’t sound too bad. (I guess, like everything else, strippers are cheaper when you buy in bulk.)

(Please forgive me for not linking to anything related to “Stacy Shey”, but, once again, my journalistic obligations have to take a back seat to the limitations imposed by writing these posts at work.)

Edited to add: Let’s give this some thought. Assume a construct called a “stripper-day” (similar to a “man-month“); that is, the equivalent of the “services” of one stripper for one “day”. We don’t have a clear idea from Dr. Brown of what a “day” constitutes, but I’m going to assume 8 hours; that gives each stripper a shift, plus a shift for a “backup” stripper. You know, just in case one of the primary strippers is on vacation, has a sick kid, or two strippers are needed for a proper game of Pinochle. (So one “stripper-day” = one stripper for 8 hours, two for 4 hours, 8 for an hour each, etc.)

So working on the $500/stripper-day figure and the assumptions above, we’re looking at an hourly rate of $62.50. Which doesn’t sound like bad money. Of course, we can assume the strippers are independent contractors, so their health insurance/retirement/work expenses (such as high heels) have to come out of that $62.50/hour. On the other hand, we can figure that the strippers are young and in good health, so their health insurance rates are probably low.

Question: would $62.50/hour be pretty much the standard going rate everywhere? I suspect that in NYC and LA the rate might be much higher; then again, in larger cities there may be more competition, which would tend to drive down rates.

Question: are strippers fungible? I suspect so, at least within a certain general subset of physical characteristics (some of which are under the stripper’s control, such as hair color and bust size).

This sounds like a subject for the Freakonomics guys.

Legal update.

Wednesday, January 11th, 2012

We previously noted the Supreme Court taking arguments in the case of Juan Smith. Mr. Smith was convicted of five murders, but the prosecution failed to turn over exculpatory evidence to his lawyers.

Yesterday, the Court overturned Mr. Smith’s conviction on an 8-1 vote, with Clarence Thomas dissenting.

Random notes: January 10, 2012.

Tuesday, January 10th, 2012

This NYT story pushes several hot buttons for me. First of all, there’s the whole 1925 diphtheria story, which I vividly remember reading about as a kid. (I wish, though, I could remember the title of the book.)

Secondly, there’s the whole survival/preparedness angle. What do you do when it is 39 below zero, you’re out of heating oil, and they won’t be able to make a delivery for another three months?

Mr. Evans said Nome could resort to flying in fuel through hundreds of small shipments but that shipping costs alone would be more than $3 per gallon. Fuel here already approaches $6. Conservation can only go so far.

(I wonder if they could use KC-130 tankers to fly in fuel, if it came to that.)

Finally, there’s the whole Coast Guard icebreaker situation. There’s apparently only one purpose-built Arctic icebreaker, the Healy, and that’s a medium-duty icebreaker that’s having difficulties clearing a path. The Coast Guard’s two heavy icebreakers aren’t available; one has gone into retirement, and the other is under repair for at least the next two years. I seem to recall reading about the icebreaker gap somewhere prior to this, but I can’t recall where.

On a hotter (in more ways than one) note, by way of Overlawyered, we learn of the lawyers gone wild of Vero Beach, Florida. The inciting incident in this case appears to be the conduct of Ronald Rider, who apparently offered former clients money to write letters to the judge asking for leniency. Rider also apparently got the judge rather upset by refusing to release $35,000 being held in trust for his former clients.

But the real reason I’m linking this story comes towards the bottom, where the activities of Mr. Rider’s “very high maintenance” wife Wendy are outlined.

Her stage name in the modeling business is “Muscle Barbie” and her 80-photo portfolio on the Model Mayhem website is revealing. Pictures which pop up from a Google search for “Wendy Rider” show Rider nude, topless, near-nude or – at best – clad in tiny bikini bathing suits or skimpy lingerie. Her nipples and other body parts show prominent piercings.

(I apologize. My failure to link to the Google search results is due to the fact that I am writing this on my lunch break at work.)

(Edited to add: Now that I am back at home, on my own network, I can safely link to the Google image search results for “Wendy Rider”. I would like to note, for the record, that I link to these only in the spirit of journalistic inquiry and a healthy respect for the facts, not out of any prurient interest in Ms. Rider or her assets.)

(I did go over to the Mix Masta B website to see if I could find the calender. It looks like it has been replaced by the 2012 one, of course, which does not feature Ms. Rider. (ETA: Here you go.) Also, I do not recommend going over to the Mix Masta B website if you are prone to seizures or break out in a rash when looking at MySpace pages. I do, however, appreciate Mr. B’s support for law enforcement.)

Dirty deeds, dunder jeep…

Thursday, January 5th, 2012

D.C. Council member Harry Thomas Jr. was charged with embezzling more than $300,000 in city funds and filing a false tax return, according to court papers filed Thursday in the District’s federal court.

Worth noting:

Thomas is alleged to have steered more than $300,000 in city funds for youth sports programs to pay for personal expenses that included an Audi sport-utility vehicle.

And:

There is no city law barring someone from running for office even after a felony conviction.

(I would do my usual “these are only charges, he hasn’t been convicted yet” disclaimer here. But according to the WP article, it appears that Thomas has pretty much already conceded that he’s guilty of the charges, and the only thing left is working out a plea deal with the prosecution.)

Random notes for January 4, 2012.

Wednesday, January 4th, 2012

I’d been sort of vaguely following the LA arson case. I knew that they had arrested some German guy driving a van with Canadian license plates, and apparently he was somehow upset over his mother’s immigration issues or something. I didn’t realize how messed up things were until this morning: not only is Mom an illegal alien, but she’s wanted in Germany on 19 counts of fraud (and apparently Germany has requested extradition). It appears that she ripped off a bunch of renters and landlords (I think the NYT said something about her pocketing security deposits), and failed to pay for her breast augmentation surgery in 2004. And the LAT hints that she may have been in business as a “sensual Tantric masseuse”.

Obit watch: Ronald Searle.

Firing watch: Bears offensive coordinator Mike Martz and quarterbacks coach Shane Day. The Sun-Times seems to be spinning this as “resignations”, but I’ve seen reporting elsewhere that puts it more in the “you can’t fire me, I quit” category.

NYT headline: “Rangers Coach a Conspiracy Theorist“. Awesome. Does he believe the towers were brought down by the burning mind control agents on the airliners? Sadly, no. His conspiracy theory is much more boring: the officials made bad calls in order to make the game go into overtime.

One. Million. Dollars.

Thursday, December 29th, 2011

That’s what the District of Columbia owes Richard Heller and his attorneys, including Alan Gura, in legal fees over District of Columbia v. Heller.

Actually, the figure is $1,137,072.27. The Honorable Mr. Gura and the other members of the legal team were asking for $3.1 million, while the city was arguing for $840,000.

Legal note.

Wednesday, December 28th, 2011

The University of California and Dr. Patrick Harran, a chemistry professor at UCLA, have been charged with three felony counts of “willfully violating occupational health and safety standards”. Yes, you read that right: the University itself is being charged with felonies.

The charges stem from the death of Sheri Sangji in December of 2008. Ms. Sangji was employed in Dr. Harran’s lab:

Sangji was transferring up to two ounces of t-butyl lithium from one sealed container to another when a plastic syringe came apart in her hands, spewing a chemical compound that ignites when exposed to air. The synthetic sweater she wore caught fire and melted onto her skin, causing second- and third-degree burns.

She died 18 days after the incident.

I’m kind of hoping Derek Lowe will have some comment on this, and I’m willing to listen to arguments on the subject. My gut feeling is that the felony indictments are appropriate: Ms. Sangji should not have been working without a flame-resistant lab coat, and it isn’t clear to me that she was provided with appropriate equipment, training, or supervision. This is what trials are for, of course, and details may come out during the trial that will change my mind. But:

Two months before the fatal fire, UCLA safety inspectors found more than a dozen deficiencies in the same lab, according to internal investigative and inspection reports reviewed by The Times. The inspectors found that employees were not wearing requisite protective lab coats and that flammable liquids and volatile chemicals were stored improperly.

But the required corrective actions were not taken before the fatal fire, the records showed.

Edited to add: Many thanks to Chemjobber both for pointing us to Derek Lowe’s commentary, and for providing a link to an article from Chemical and Engineering News summarizing the incident in more detail.

Also, thanks to Lawrence for a somewhat related link, which we had missed: the U.S. Chemical Safety and Hazard Investigation Board report on the Texas Tech lab explosion in January of 2010. I swear that I covered the explosion at the time, or shortly afterwards, but I can’t find the link now. In any case, the report is pretty much what you’d expect: “the physical hazard risks inherent in the research were not effectively assessed, planned for, or mitigated; the university lacked safety management accountability and oversight; and previous incidents with preventative lessons were not documented, tracked, and formally communicated”.

(Short summary: the lab was working on a government project involving detection of explosives. Part of their work involved making something called nickel hydrazine perchlorate, which goes bang rather easily. The lab had been making small amounts (100 milligrams) but the students involved in the production of NHP that day decided, for various reasons, to scale things up and produce about 10 grams. The NHP went bang while one of the students was trying to break up “clumps” in a mortar and pestle.)

Grand juries gone wild! On the next TMZ!

Wednesday, December 21st, 2011

We have previously covered the grand jury investigation into the Harris County DA’s Office. We have not posted on this in a while, mostly because up until the past few days, there was not much going on.

The latest development is that prosecutor Rachel Palmer was summoned to appear before the grand jury and refused to answer questions.

This Lisa Falkenberg column contains a good summary of the most recent developments. And The Hon. Murray Newman is still all over this as well.

By way of Jay G.

Tuesday, December 20th, 2011

Our first thought was “Dead rats? Not dead gophers?

Our second thought was, “Is the gopher even indigenous to Massachusetts?”

(Hattip. Dead gophers explained here.)

Ah. Memories.

Monday, December 19th, 2011

Remember Randy Adams?

Sure you do. Randy “Hire me to be police chief of Bell and approve my disability retirement at the same time” Adams. Yeah, that one.

It seems that the judge in the case of the “Bell 8” is wondering why Mr. Adams is not on trial.

The DA’s answer to that question is: we didn’t have enough evidence for an indictment. However, the city’s dealings with Adams are part of the charges against Robert “Ratso” Rizzo and Angela Spaccia. Not that there’s anything wrong with the DA picking the cases he feels like he can get indictments on. Just interesting that the judge is asking questions.

Told you so.

Wednesday, December 14th, 2011

Despite his being wanted for a shooting in North Carolina, the man accused of killing a police officer in Brooklyn on Monday was twice released from jail in New York this fall because the authorities in North Carolina declined to have him extradited, Police Commissioner Raymond W. Kelly said on Tuesday.

Grind that axe, NYT.

Tuesday, December 13th, 2011

Stipulated: the death of a police officer doing the right thing is tragic.

But there’s some odd stuff going on in the NYT coverage. For example,

His death at the barrel of a semi-automatic Ruger pistol, the same kind of gun used in the 1993 shootings on the Long Island Rail Road and the sort of firearm that continues to vex the city,

“the sort of firearm that continues to vex the city”? Are there a lot of folks getting shot with semi-automatic Ruger pistols? Would it somehow have been better if the officer had been shot with a Smith and Wesson revolver? And doesn’t NYC have strict gun control laws?

One of them is believed to have stashed his revolver — an unloaded black Smith and Wesson that was jammed — in a dirty microwave oven in the kitchen, where officers found it later.

I realize I’m probably expecting a little much from the NYT, but I’d like more details on how this unloaded revolver was “jammed”.

And:

The police identified the gunman as Lamont Pride, 27, a felon who served a prison term in North Carolina and was wanted by the authorities there for a shooting in August. He was arrested on a drug charge in Brooklyn in November but released.

Isn’t that interesting? I expect we’ll be hearing more about it in the next few days.

Texas Law.

Friday, December 9th, 2011

Lawrence is on top of the UT Law School dean resignation story, but there’s one aspect of this story that troubles me.

From the Statesman:

UT records obtained by the American-Statesman under the Texas Public Information Act show that a number of law professors received sizable funds from the foundation, in some cases hundreds of thousands of dollars.

Mmmmmkay. The Statesman goes on to quote officials with the Law School as saying that “Every member of the faculty with a named professorship or chair gets summer support and/or a salary supplement from the foundation,” and “Sometimes we help people with mortgage loans and things of that sort.” How many people does this amount to? And where does the foundation get funds?

But here’s the thing that makes me go “Hmmmmm”:

The records show that some faculty and staff members at the law school have complained of being underpaid or discriminated against because of their gender, age or ethnicity. In some of those cases, sizable settlements resulted.

Settlements?

Linda Mullenix , a law professor who complained of “pay discrimination,” received a $20,000 raise and a $250,000 forgivable loan. Laura Castro, who had been a spokeswoman for the law school, received $101,292, the honorific title of “visiting scholar” and use of an office for a year.

So was the Law School underpaying people and engaging in discriminatory behavior (or at least, giving people reason to believe such a thing was going on)? And were they using money from this fund to pay off people who otherwise would have sued? Because that’s sure the implication I get from the word “settlement”; that this money was going to folks who otherwise would have gone to court.

If my reading of this isn’t too far off base, it strikes me as being even sleazier than the forgivable $500,000 loan to the dean.