George Zimmerman

Misdirection And Casting Aspersions: The Predictable Response To My Stand Your Ground Post

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A tried and true trope of conservatives faced with the grim outcomes of their cockamamie schemes is to attempt to shame everyone into ignoring the human cost of their policies — ironically — out of respect for the people hurt. Something horrible happened, but it’s unseemly to try to explore why it happened, just sit back and let the moment pass and enjoy some bread and circuses until you forget.

We’ve seen it countless times before. It’s rhetorical standard operating procedure. After Sandy Hook, the usual suspects from Senator Rand Paul to the Washington Times decried the “cruel” and “shameful” “exploitation” involved in pointing out that putting military assault rifles on the street makes it easy for someone to kill a lot of kids very quickly. The tactic worked as it always does and time passed, people forgot, and nothing happened. It was only a week ago that Senator Ted Cruz suggested it was disrespectful of Trayvon Martin’s mother to lobby for changes based on her son’s death. I guess it was disrespectful to… Cruz? One would have thought his mom would be the right barometer of how to honor her son.

Now this trope is the subject of Tamara Tabo’s criticism of my article yesterday regarding the recent shooting of Renisha McBride because I noted the uptick in the “shoot first” culture brought on by Stand Your Ground laws (regardless of the fact that the law isn’t technically at play here).

Let’s unpack this and also look at some other misdirection being flung my way, shall we?

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A Person Not A Political Prop: Questions About Renisha McBride’s Tragic Death

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As Joe wrote yesterday, a 19-year-old Detroit woman named Renisha McBride was fatally shot last weekend on the porch of a Dearborn Heights home. Her death has received national media attention because of the speculation that, as Joe put it, it follows “the same basic pattern of an African-American in a predominantly white neighborhood at night running afoul of a gun-toting homeowner.”

The family members of Renisha McBride issued a press statement last night asking for peace while they mourn and promising to meet with activist groups after Renisha’s funeral. The funeral is scheduled for today at 10 a.m.

Authorities have slowly released details related to the young woman’s death. Some of these details match the statements made by Renisha’s family. Some do not.

Before leapfrogging over the specifics of Renisha’s case and launching a politically motivated rant, let’s look at what we do and don’t know about the tragedy that occurred on that Dearborn Heights porch. If Renisha McBride is more than a political prop, she deserves at least that much . . . .

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Another Black Teenager Shot Dead — Is ‘Stand Your Ground’ To Blame?

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So it’s happened again. Another state, another neighborhood, another young black person shot to death by someone based on a loose, subjective “fear.” This time it’s Michigan, and it’s a young woman instead of a teenage boy, but otherwise it’s the same basic pattern of an African-American in a predominately white neighborhood at night running afoul of a gun-toting homeowner.

There will be a lot of wailing and gnashing of teeth over the prevalence of “Stand Your Ground” laws (which Michigan boasts), followed by the equal and opposite reaction loudly pointing out that Stand Your Ground doesn’t apply to this particular case (which it doesn’t).

However, while what happened in Michigan may not invoke the state’s Stand Your Ground law, the existence and high-profile nature of laws that lower the standard for legally forgivable gunplay has everything to do with what happened in Michigan…

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Morning Docket: 09.27.13

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* Sri Srinivasan was sworn in as a member of the D.C. Circuit by Justice Sandra Day O’Connor, who called him “fair, faultless and fabulous.” The man must have great shoes. [Washington Post]

* Things aren’t going very well for Steven Donziger in the Chevron / Ecuador case now, but then again, they never are. The Second Circuit denied his bid to oust the judge on the case. [Bloomberg]

* Dewey know how much this failed firm’s ex-landlord wants from 450 of its former partners? Somewhere in the ballpark of $1.6 million to $45.45 million, so it could be painful. [Am Law Daily]

* Kilpatrick Townsend & Stockton has already named a new chairman. Congrats to J. Henry Walker IV, a man whose name alone makes it sound like he should probably leading something. [Daily Report]

* Time is running out for prosecutors to bring charges against those connected to Bernie Madoff’s Ponzi scheme, but it looks like his niece, a Fordham Law grad, is in their sights. [DealBook / New York Times]

* The series finale of Breaking Bad airs on Sunday, and you must be very sad, so here are five compliance lessons to take away from the show. First and foremost, don’t ever hire a Pinkman. [Corporate Counsel]

* E.A. Sports and the Collegiate Licensing Company settled the suit filed against them by college athletes, leaving the NCAA to whine, moan, and “take this all the way to the Supreme Court.” [Birmingham News]

* George Zimmerman’s wife says her husband “went on a victory tour” without her, and has no idea where he is. Clue: maybe he was advising Cybill Shepherd for her role on Law & Order next week. [Miami Herald]

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Non-Sequiturs: 09.26.13

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* Profiling the new talent appearing before the Supreme Court this term. Honestly, I can’t get excited about oral arguments that don’t involve the Ninth Circuit cracking one-liners anymore. [The Volokh Conspiracy]

* The Montana man sentenced to 30 days in jail for raping a 14-year-old is out. I wonder if he can make it on the outside after being institutionalized for a whole month. [CNN]

* As we predicted, political battles have exhausted the budget of federal defenders programs. At least in Ohio there’s a guy willing to bend the laws of time and space to represent indigent clients. [Federal Times]

* Keith Lee of Associate’s Mind has a new book out, The Marble and the Sculptor: From Law School to Law Practice (affiliate link). The image of The Thinker on the cover is appropriate: most law school grads these days do just sit there wondering how to get jobs. [Associate's Mind]

* Maryland gubernatorial campaign promising to build another law school. Newsflash: Ray Lewis has retired! You don’t need more lawyers! [Baltimore Sun]

* The Daily Beast’s Josh Rogin mocked a stand-up act over Twitter last night. He was punched in the face for his efforts. The comic was arrested. Punching Rogin for criticizing the act was uncalled for. Punching Rogin for working for the Daily Beast on the other hand… [IT-Lex]

* Marissa Alexander, the Florida woman sentenced to 20 years for firing a warning shot at an abusive husband, is getting a new trial. Since George Zimmerman got a decorative fruit basket for actually killing someone a few miles away, Alexander has to like her chances. [First Coast News]

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Non-Sequiturs: 09.11.13

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* Dr. Shiping Bao, the medical examiner in the Zimmerman trial, claims that Florida state prosecutors were biased against Trayvon Martin and purposely threw the case and now he’s suing. While it’s hard to believe a prosecution could be that bad absent purposeful mismanagement, Bao’s allegations conveniently surfaced right after he was fired. [News One]

* An explanation of what happened in the Colorado recalls last night. Basically, David Kopel argues that it was a victory for the Second Amendment and the Fourteenth Amendment. It was also a victory for the idea that “democracy” should be replaced by “scheduling off-elections to minimize the representative sample of the voting populace.” Yay! [The Volokh Conspiracy]

* Maybe law clerks shouldn’t answer the phone. [Judicial Clerk Review]

* Horn-honking is “small town terrorism,” says man who probably didn’t look at a calendar when filing his lawsuit. [ABA Journal]

* “Every landlord’s worst nightmare” showing an epically trashed home is making the rounds. Is it a warrant for making it easier for landlords to bully all poor tenants? [Overlawyered]

* Continuing from above, the answer is “no” because this Hamptons rental story demonstrates that the ability to trash an apartment has nothing to do with your account balance. [Jezebel]

* Congrats to Jane Genova of Law and More on her personal blog being named one of the top online resources for public speaking. [Masters in Communication]

* Tomorrow at 2 p.m., Towleroad will be webcasting the first-ever ENDA Situation Room at New York Law School, discussing the Employment Non-Discrimination Act (ENDA). [Towleroad]

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Non-Sequiturs: 09.09.13

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* After winning his first NFL game this weekend, it’s worth looking back at this profile of Chicago Bears coach Marc Trestman, who started his coaching career as a University of Miami law student. [Chicago Sun-Times]

* Here’s all of law school in one syllabus. The third year of law school may be useless, but this is probably too short for a decent legal education. [Postgrad Problems]

* The solution to the law school business model should include reaching out to provide basic legal instruction for those not seeking a J.D. But how does this jibe with the argument that the only way to understand the law is to spend three years in school? [Chronicle of Higher Education]

* In fairness to George Zimmerman, his wife was wearing a hoodie… [CNN]

* Director of National Intelligence James Clapper is looking for a new attorney for the office. It’s a pretty sweet government job because you don’t have to submit to a background check — they already know everything you have to hide. [Constitutional Daily]

* The tax collection system in D.C. is taking nominal shortfalls, charging the homeowners astronomical lawyer fees, and then foreclosing on their houses. Check out how much Aeon Financial tried to charge… [Washington Post]

* Australia banned an ad featuring young, naked women not because they were young and naked, but because they weren’t smiling. This makes sense, because if you’re going to be a hyper-sexualized prop in a campaign to hawk consumer products, you’d better be happy about it. [BuzzFeed]

* Caron Washington, D.C., a comprehensive addiction treatment center, will present the D.C. Bar’s Lawyer Assistance Program with the Caron Employee Assistance Excellence Award at the Caron Recovery for Life Gala on October 8th, 2013 at the National Museum of Women in the Arts. The Lawyer Assistance Program is a free, voluntary, and confidential program for lawyers, law students, and judges who are suffering from addiction, depression, anxiety, or stress. You can purchase tickets or make a contribution at the link. [Caron]

* On October 17-18, IT-Lex is hosting a conference covering the intersection of law and technology. Attendees include the Chief Privacy Officer of the Federal Trade Commission, a Special Agent from the FBI’s Cyber Intrusion Squad, Judge John M. Facciola, the Honorable Nan R. Nolan, and Ken Withers. And the event is in Orlando so you can double up with a trip to Disneyworld over the weekend! Sign up at the link. [IT-Lex]

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Morning Docket: 09.06.13

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Shon Hopwood

* Thanks to the Electronic Frontier Foundation, the Department of Justice will be declassifying some secret opinions from the FISA Court. We wonder who’ll be hosting the giant redaction party. [Associated Press]

* Morgan Lewis paid out a $1.15 million settlement over unfinished business claims to this defunct firm. Great work, Mr. Diamond, but Howrey going to get the rest to do the same? [Am Law Daily (sub. req.)]

* “[Shon] Hopwood proves that my sentencing instincts suck.” Now that this former bank robber has a clerkship with the D.C. Circuit, the judge who sentenced him is having second thoughts. [The Two-Way / NPR]

* Laptops are useful tools for students in law school classrooms, but they’re also great for checking Above the Law and buying shoes while professors are droning on and on. Apparently we needed a study to confirm this. [National Law Journal (sub. req.)]

* George Zimmerman’s wife filed for divorce, citing “disappointment” as one of her reasons for ending the marriage. Don’t worry, Shellie, half of the nation was disappointed with the verdict too. [Washington Post]

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Morning Docket: 08.27.13

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The eyes of the law in Idaho.

* If Biglaw firms wants to get back into a financial sweet spot like in their days of yore, they had better get in on these billion-dollar international arbitrations while the getting is good. [DealBook / New York Times]

* Women lawyers, please take note: your future depends on it. Apparently the key to making partner in Biglaw is to get the backing of general counsel at big money corporate clients as a gender. [Corporate Counsel]

* ¡Ay dios mío! ¡Escándalo! Holland & Knight yoinked 10 attorneys, including three partners, right out from under Chadbourne & Parke’s nose to open up its new Mexico City office. [South Florida Business Journal]

* “If we actually got another million dollars going forward to spend on something, is the highest and best use to produce attorneys?” Even in a flyover state like Idaho, the answer to that question is a resounding yes when it comes to law school expansion. [Spokesman-Review]

* “A jurisprudence of ‘don’t ask, don’t tell’ does not properly safeguard [a defendant's rights].” California Justice Goodwin Liu is raging against policies on race-based peremptory jury challenges. [The Recorder]

* “I’ve been doing Paula Deen in a strongly metaphorical sense.” The magnate of marmalade’s case may be settled, but that doesn’t mean sanctions have been taken off the table. [Courthouse News Service]

* The hefty price of killing? Following his acquittal in the death of Trayvon Martin, George Zimmerman is now asking Florida to pay for his legal expenses, to the tune of $200,000 – $300,000. [Orlando Sentinel]

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Assistant U.S. Attorney In Trouble For Negative Comments About Trayvon Martin, Barack Obama

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Trayvon Martin

How are you fixed for Skittles and Arizona watermelon fruitcocktail (and maybe a bottle of Robitussin, too) in your neighborhood? I am fresh out of ‘purple drank.’ So, I may come by for a visit. In a rainstorm. In the middle of the night. In a hoodie. Don’t get upset or anything if you see me looking in your window… kay?

– John Craft, an Assistant U.S. Attorney in the Eastern District of Texas, in comments referencing the Trayvon Martin case made on a Facebook page in response to a status update in support of Stand Your Ground laws. Craft separately referred to President Barack Obama as “the Dalibama” in another Facebook comment. John Malcolm Bales, U.S. Attorney for the Eastern District of Texas, criticized Craft’s comments, but declined to say whether Craft would face disciplinary action for his statements.

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