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LawBeat watches the journalists who watch the law. It is meant to start a conversation — here and in the classroom — about the quality of journalism focusing on the justice system, lawyers and the law. All posts are by Mark Obbie unless otherwise noted. Go to this archive to read more about LawBeat's focus and to this page about what motivated its creation, and how it evolved. Go here for the 10 Deadliest Sins of Legal Reporting post. And go here for blanket disclosure of Obbie's conflicts of interest.
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Death penalty drive-by journalism
Philadelphia Inquirer
Sun, July 01, 2007
Emile Lounsberry's examination of Pennsylvania's death-penalty logjam is guilty of mindless demagoguery (link via How Appealing). It starts out with a serious and laudable goal: showing that the state's death row, despite its size (fourth largest in the country), rarely executes prisoners because the Pennsylvania Supreme Court and other state and federal judges frequently throw out the death sentences. Reversals occurred "an estimated" 50 times in the past several years, Lounsberry reports. He then goes on to quote experts on both sides of the debate about why this is happening. What we get from those experts is a lot of generalizing and speculating: courts are undermining the popular will, judges and juries are more skeptical in light of wrongful-conviction scandals, and so on. What he doesn't seem to ponder for long is what the courts themselves have said. It's not until the 20th graf -- more than halfway through the 1,500-word story -- that Lounsberry explains what might cause a court to toss a sentence. But the way in which he does it suggests that mere technicalities are used as a ruse to let bad guys live:

Some sentences have been thrown out because U.S. Supreme Court rulings demand it. At least seven inmates on Pennsylvania's death row, including Marty Graham, were spared when the justices barred the execution of the mentally retarded in 2002. Several others who committed their crimes as juveniles escaped the death penalty after the high court in 2005 abolished it for offenders under 18.

However, the bulk of the reversals have turned on legal errors in the original trials, and most of them were in Philadelphia cases dating to the 1980s and early 1990s.

The story then goes on to portray those decisions as the products of judicial whims and legal nitpicking. By doing so, it ignores the reality of the typical reversible error -- a mistake serious enough to cast doubt on the truth of a verdict, or a violation of constitutional rights serious enough to poison the case's outcome. Maybe the courts were right. Maybe they were wrong. Maybe they're out of step with other states' or the U.S. Supreme Court's standards. Lounsberry doesn't bother figuring any of that out. Nor does he ever explain why prisoners who won reversals ended up with life sentences instead. Did the post-conviction courts impose the lower sentences? Were post-appeal deals cut? Did new juries levy lighter sentences? And there are other major, unanswered questions. If there were about 50 such reversals out of a death row population of 225, what's blocking the other executions? Did all these reversals occur in the first place because it's the trial courts that are wrongheaded or out of control? Who knows? That would be hard work. It's easier to imply facts than to pin them down.

Shame on Lounsberry and his editors for this transparent game of blame-the-wimpy-judges.
Posted at 11:15 AM
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Outside looking in
The New York Times
Tue, July 03, 2007
The Supreme Court is notorious for its lack of scoops based on leaks. But in the rarefied atmosphere of the High Court, this piece today by Linda Greenhouse is the next best thing -- maybe even a better thing than a deliberate leak. This is not mere speculation, nor is it coyly unattributed "background" so common to other Beltway beats. It's a veteran beat reporter's insight into what's behind two major decisions by the Court, based on her keen eye and understanding of how things work.
Posted at 11:01 AM
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Tax shelter game: name that firm
The American Lawyer
Tue, July 03, 2007
Good on Susan Beck for decoding a federal indictment's references to four law firms entangled in the scam-tax-shelter mess. Beck attributes her scoop to "lawyers familiar with the case and information from civil cases brought by disgruntled customers who bought the tax products," which identifies firms that the indictment refers to only as Firms A, B, C, D. Beck even manages to identify which is which. The unnamed firms, she reports, "are Locke Liddell & Sapp (Law Firm A), Sidley [Austin] (B), Arnold & Porter (C), and Proskauer Rose (D)." (Link via WSJ Law Blog)

Beck's story, while a relatively short front-of-the-book piece, explains clearly what is and isn't known so far about the firms' roles in selling bogus tax shelters that sent the feds into hammer mode, claiming the life already of Jenkens & Gilchrist (which I most recently blogged about here).
Posted at 05:34 PM
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Quoth the blogger
Wed, July 04, 2007
Once upon a time, the best way to be found by reporters and quoted as an expert in their stories was to get quoted once and then hope -- or, with the aid of a flack, ensure -- that future Nexis searches would create a snowball effect. The more discriminating reporters -- which is to say, from the best papers and TV networks, who offered the most valuable exposure -- didn't fall for every ham-handed PR pitch to "quote my guy." But the formula was essentially the same all over: You quote someone because of their professional or scholarly expertise, because they're a recognizable name with some connection to the subject, because they're responsive on deadline, because they give good quotes, Or all of the above.

Now, in quoting legal experts, we can add: because they blog on the subject.

I haven't quantified this. And I know it's not exactly a revelation. But I'm struck by how often I see law bloggers quoted in even the most discriminating reporters' stories. Today, for example, Adam Liptak gives Ohio State University's Douglas Berman the most prestigious slots for a quoted expert -- first quoted, and last quoted -- in this story on reactions to the Libby commutation. Berman blogs at Sentencing Law and Policy, a name that Liptak is happy to share with readers (and which his colleague Linda Greenhouse quoted in a February story).

In Greenhouse's story last week on Justice Antonin Scalia's written barbs aimed at Chief Justice John Roberts, she quotes six professors and advocates. Her first quote comes not from an interview but from Balkinization, the blog by Yale law professor Jack Balkin that she and Liptak have mentioned relatively often over the past couple of years. And in last Sunday's lead story, an analysis of the just-concluded Supreme Court terms, an accompanying chart identifies Akin Gump as the source of the stats on the justices' voting patterns. But Greenhouse is more specific, crediting the law firm's blog, SCOTUSblog, as the source.

Hell will freeze over before we see The Washington Post's Bob Barnes quote Linda Greenouse, or the LA Times' David Savage quote Legal Times' Tony Mauro. But most reporters seem increasingly willing to quote academics or advocates who've made a name for themselves in the blogosphere. That makes sense, but at what point will the bloggers' own instant analysis of decisions start looking a lot like spot-news reporting -- a competitive threat, in other words? Just asking!
Posted at 09:18 AM
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Mauro told us so
Thu, July 05, 2007
Tony Mauro's op-ed today in USA Today -- a return to his old newspaper stomping-grounds, with a look at Clarence Thomas' influence on the Supreme Court's recent school-desegregation decision -- reminds me of an important piece on Thomas that Mauro wrote for The American Lawyer. "The Education of Clarence Thomas," in the August 2001 issue (no link available), was a forerunner to recent journalistic analyses of Thomas' work and personality (see earlier posts on Jan Crawford Greenburg's "Supreme Conflict" and on Kevin Merida and Michael Fletcher's Thomas bio, "Supreme Discomfort"). Mauro has been telling us since at least Thomas' 10th anniversary on the Court in 2001 (see also this book review from Washington Monthly) that the image of Thomas as silent follower, an insecure and troubled lightweight, misses the point about this complicated and principled jurist. You don't have to share Thomas' principles to see that he has them and sticks to them. Mauro saw that as a story early on.
Posted at 08:09 AM
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ALM sale looks like a journalism plus
Thu, July 05, 2007
The sale of American Lawyer Media announced today sounds like good news for the country's largest legal journalism company. The buyer is Incisive Media, which was taken private last December by APAX Partners. More to the point, one of its properties is Legal Week, a respected, AmLaw-style trade paper covering the business of law in Britain and beyond. For years, it's served as a significant competitor for legal-business news and law firm advertising.

Here are stories on the sale by Bloomberg and Reuters, plus the press release, which says that ALM CEO Bill Pollak will join Incisive's board and stay with the company.

The sale price was $630 million for ALM's group of 30-plus newspapers and magazines (including The American Lawyer, National Law Journal, and Legal Times). That's well shy of the $1 billion price tag that Bruce Wasserstein was long rumored to covet for his rollup of legal news and information properties (see links in this previous post about the pending sale). Without knowing ALM's current P&L -- but based on past disclosures that it was marginally profitable, and sometimes operating in the red, with heavy debt service -- and based on the new disclosure that ALM's 2006 revenues were $200 million, it looks like a respectable but not dazzling return after 10 years of investment.

Bloomberg's Mark Herlihy and WSJ Law Blog's Peter Lattman repeat a number that's made the rounds in the shorthand summaries of Wasserstein's rein at ALM: that he bought the company for $200 million in 1997. Not quite. I don't have the old financials at hand -- I'll look for them on Edgar when I get a chance (ALM for a time had to disclose its financials with the SEC because of its publicly secured debt) -- but if memory serves, Wasserstein paid roughly $300 million for the old American Lawyer Media (sans Court TV) and the old New York and National Law Journal publishing group, plus more for the Legal Tech trade shows, a Philadelphia-based legal publisher, and a heavy investment to start The Deal (which then was spun off to a separate pot of leverage money).

Back to journalism: ALM's journalists should be heartened by Incisive's ability to publish quality legal journalism. If a plain old private-equity buyer had won the auction, it would be more likely to slash and burn its way to bigger margins. And if a strategic buyer -- Thomson/West, Reed/Lexis, other legal publishers, or Reuters -- had been the winner, then there's no telling how the mother ship might have changed and cut to reshape the company's products to fit the strategy. Change, no doubt, could have been more radical and less indulgent of ALM's journalism quality.

This gives Legal Week a big U.S. footprint, and a prestige glossy in The American Lawyer to rival its competitor Legal Business (with which the old ALM once had an arm's length business relationship). Here's hoping that the two companies work together to do bigger, better reporting on cross-border law and law firms. And that they keep their eye on the quality-journalism ball, and not just on figuring out new ways to fleece big law firms for advertising and database-licensing fees.

Update: I guess my memory's not so bad. According to SEC filings, the original Wasserstein purchases in 1997-98 (net of the startup of the Deal, which isn't part of today's announced purchase anyway) totaled $297 million: $203 million for the old NLP company (New York and National Law Journals), $63 million for the old ALM, $20 million for the Legal Intelligencer's parent company in Philadelphia, and $11 million for Legal Tech). The company has made some smaller acquisitions and has grown organically, but those original purchases form the core of today's $630 million sale.
Posted at 10:37 AM
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ALM sale II: A second U.K. owner
Thu, July 05, 2007
This isn't the first time that a Union Jack has flown over American Lawyer Media. The original money behind The American Lawyer was Associated Newspapers, an old-line Fleet Street operation that bankrolled Steve Brill's and Jay Kriegel's idea after seeing Brill's work as a columnist at another Associated property at the time, Esquire magazine. That marriage was brokered by Esquire's editor at the time, the famous Clay Felker.

Associated funded the magazine's first big growth spurt, the launch or acquisition of local legal newspapers in New Jersey, Georgia, Washington (D.C.), Florida, Texas, California and Connecticut in the mid- to late 1980s. Brill was a minority owner when Associated sold to Warner Communications (just before the merger with Time) so that Warner could pay for Brill's next big growth strategy, Court TV, in 1991.  

The Wasserstein-owned American Lawyer Media has yearned for a major global presence, but the most it's managed is a London-based reporter, off and on, and London-based advertising sales team that has produced some advertorials. Legal Week, The Lawyer, and Legal Business, likewise, have made some impressive reporting forays onto these shores, but haven't made much of a business splash.
Posted at 02:07 PM
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Inside the N.Y. courthouse labyrinth
Syracuse Post-Standard
Sat, July 07, 2007
New York state's trial courts not only are a political train wreck, with sham primaries and bossism run amok, as we posted here last fall. Jim O'Hara, the Syracuse Post-Standard's courthouse reporter, uses public records in this story today to show how hundreds of judges statewide are administratively reassigned to higher-paying jobs with broader jurisdiction than the posts they were elected to hold. It's an important glimpse inside a dysfunctional, opaque system. It could have used many more column inches to explore fully.
Posted at 07:08 AM
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Crime stats cautionary note
Dallas Morning News
Thu, July 12, 2007
Here's a reminder that comparisons of cities' crime rates -- a staple of crime reporting, and of police chief press conferences (at least when the comparisons make them look good) -- are riddled with errors and gaps that render them practically meaningless. This story broke because the city itself, after years of miscounting, discovered its error and announced the discovery. But it serves as a wake-up call to crime reporters elsewhere to examine closely their own cities' statistical bad habits, which more often than not (just a guess!) do the opposite of Dallas and paint a happy face on a sad picture. Tanya Eiserer's story is accompanied by an instructive info-box that does a good job of explaining other potential pitfalls in comparing cities' crime rates.
Posted at 07:49 AM
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Rebranding reality
Broadcasting & Cable
Thu, July 12, 2007
So Court TV will now be truTV, a repository of so-called reality programs. Real legal journalism (as opposed to "reality") will be buried in daytime slots before 3 p.m. I already vented about this when it was first revealed in March. But, without ignoring the economic realities of the cable channel's predicament, I can't help but retch over the new regime's mission statement as quoted by Broadcasting & Cable:

“It gave us the opportunity to do both scripted and nonscripted programming that exactly mirrored the position we architected and crafted using consumer research,” Turner Entertainment Networks President Steve Koonin told B&C in an interview.

Compare that to what Court TV originally was meant to do for public education and journalism about the law. Now, instead of gavel-to-gavel exposure to the Third Branch, we get Hollywood reality. Feh.
Posted at 08:02 AM
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SCOTUS beat memo
SCOTUSblog
Thu, July 12, 2007
Ben Winograd has this report on Monday's talk by five leading reporters on the Supreme Court beat (which Winograd calls "one of the more atypical jobs in Washington journalism"): Joan Biskupic of USA Today, Robert Barnes of The Washington Post, Tony Mauro of Legal Times and American Lawyer Media, Mark Sherman of the Associated Press and Stuart Taylor, Jr.,  of National Journal and Newsweek. They analyze the just-completed term in a panel discussion that C-SPAN televised and now provides here.

Beyond Winograd's summary, which mentions deadlines and cameras in the court, among other topics covered in the talk, here are tidbits I gleaned from the recording (focusing on journalism gossip, rather than the discussion's main focus on legal substance):

  • Biskupic, who wrote this well-regarded bio of Sandra Day O'Connor, is now working on one on Antonin Scalia. Taylor teases her about what Scalia's reaction to that must be. Biskupic replies: "He wrote to me, Stuart. Right away, immediately. And he said, 'I know we've had our differences, but I can't quite remember what they all were, so I'm getting over it.'"
  • Biskupic explains clearly the public-interest downside of the Court's habit of backloading all of its most controversial and newsworthy decisions into the final days of the term. Big decision days force reporters to "package" decisions, finding patterns to serve as the main point of a story that covers multiple cases more superficially than if there were time and space for separate stories on each major decision. The obvious alternative is to send a term-closing reporting team to the Court, as the Post did and the Times has been known to do. The problem with that, though, is that a good beat reporter does his or her homework on a case throughout the term, reading the briefs and attending the arguments and talking to the lawyers and interest groups. It's not ideal to parachute in and try to duplicate that context.
  • Mauro portrays Samuel Alito as press-friendly. "So far so good," Mauro says. "It's like nobody sent him the memo yet that you're not supposed to talk to reporters," Mauro says. Same goes for Chief Justice John Roberts. "I think they're just both of a different generation and they're a little more open. We'll see how far that goes." David Souter, on the other hand, has only provided Mauro (and others) with many signed rejections of formal interview requests.
  • Barnes was Biskupic's first editor at the Post when she covered the Court for that paper, which she mentions first, and then he returns to when giving this quip about his first year on the beat: "It's hard work -- harder than I thought when I was Joan's editor and thought she was goofing off all the time."
  • Taylor portrays the Court's gag on law clerks -- which has slipped now and then, most recently in notable fashion when David Margolick, Eugenia Peretz and Michael Shnayerson reported on Bush v. Gore in the October 2004 Vanity Fair -- as pretty faithfully honored by the clerks.
Posted at 11:31 AM
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Nina's fan club
Thu, July 12, 2007
The legal-gossip blogger whose name I do not speak has turned his beady gaze upon NPR's Nina Totenberg. The effect, predictably, is that of the class clown mocking the smartest kid in the room. She's fair game, of course. But the anonymous blogger comes off as a mere shin-kicker. Kind of like me mocking the anonymous blogger, who seems to get a lot of traffic on his site, at least among his target niche of spoiled brat law students.
Posted at 11:43 AM
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Six degrees of AmLaw separation
Thu, July 12, 2007
I'm still catching up after a few days in the mountains (here, if you must know), so I only just now saw that Ellen Pollock -- the veteran legal and business writer and editor -- is rejoining her American Lawyer colleague Stephen Adler to be his Number 2 at BusinessWeek. Pollock and Adler were part of a large contingent that decamped from The American Lawyer to The Wall Street Journal in the late '80s. Most recently at the Journal, Pollack was deputy page one editor. She'll be reunited with another AmLaw veteran at BusinessWeek, senior writer Michael Orey.

I recently picked up BusinessWeek after not seeing it for some time (I once subscribed, but these things come and go). It's much improved -- it reads and looks very sharp.
Posted at 04:12 PM
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Playing private eye
The New York Times
Fri, July 13, 2007
Boldness, thy name is David Cay Johnston. The Times' tax expert tackles an impossibly complicated subject without hiding behind sources or hedging his conclusions in this front-pager today. He starts with a simple declaration:

The Blackstone Group, the big buyout firm, has devised a way for its partners to effectively avoid paying taxes on $3.7 billion, the bulk of what it raised last month from selling shares to the public.

Ten grafs later, we're introduced to experts who might have supplied Johnston's findings on a slick tax dodge buried in the fine print of Blackstone's financial disclosures. Except the attribution makes clear who's in the driver's seat. Johnston writes:

. . . several tax lawyers, who could not be quoted by name because their firms had restricted them from making public comments on these issues, agreed in principle with the analysis of the tax structure’s implications.

Agreed with Johnston, that is. In the following graf, he quotes an anonymous Blackstone spokesman calling the analysis "totally flawed," but it's rather clear what Johnston -- who won a Pulitzer for his reporting on this beat -- thinks of Blackstone's version of the truth.

Johnston tackles some of the details of the scheme, using it to show how slicksters game the laws and IRS regulations (duh). His style is breezy -- within the confines of tax policy, that is ("Just as fashion designers blend textures, colors and shapes, tax experts mix and match elements of partnerships and corporations, and bits and pieces of the tax code, securities laws, accounting rules and economics principles."). What I like most about the story is its refusal to engage in the chest-thumping that's common to lesser papers' project reporting ("in an exclusive Times analysis of the data...."). The realization that this is Johnston's discovery, not one spoon-fed by "experts," is subtle but unmistakable.
Posted at 07:18 AM
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Johnston says he named his source
Fri, July 13, 2007
In my earlier post about today's story by David Cay Johnston, I mistakenly assumed that Johnston himself had done the analysis on which the story is based. He corrected me in a comment attached to that earlier post. Here's the gist:

The fourth, not tenth, paragraph identifies by name and publication the person who distilled the tax structure in full.

So I went back to the story. And, with all due respect (I mean that literally), I have to say that the attribution is ambiguous at best. Here are the third and fourth grafs:

The plan, laid out in the fine print of Blackstone’s financial documents, comes as Congress debates how much managers at private equity firms like Blackstone and hedge funds should pay in taxes on their compensation.

Lee Sheppard, a tax lawyer who critiques deals for Tax Notes magazine and has studied the Blackstone arrangement, said it was a reminder of the disconnect between the tax debate in Congress and how the tax system actually operates at the highest levels of the economy.

Johnston then goes on to quote her on the policy question. When I read that, I see an expert asked to react to what the reporter already knows, or who discovered the scheme independently. I don't read that as attribution to the original source of the information. Maybe it's just me. Anyway, I'm glad Johnston set us straight -- "us" being the presumably dozens (I can dream) who read this blog. Could someone else please let the other Times readers know? Thanks!
Posted at 12:22 PM
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Settlement math
Los Angeles Times
Tue, July 17, 2007
UCLA's Stephen Bainbridge, at his ProfessorBainbridge.com blog, spanks the LA Times for weak math skills (link via Sex Crimes blog). In the Times' main story on Sunday on the LA Archdiocese's $660 million settlement with 508 sex-abuse victims, Joe Mozingo and John Spano report that the eve-of-trial deal "will give the priests' accusers an average of about $1.3 million each." That's $660 million divided neatly by 508. As Bainbridge points out, attorneys' fees and expenses probably will eat about half of the payout before it reaches the plaintiffs (although he's only guessing, as are we all until a reporter digs up the facts). Bainbridge is right to spotlight this very basic legal-reporting error, which the Times compounded in various reporters' followups and sidebars here and here. At least the Times' Joe Mozingo fleshed out the bulk figure with this explanation of where it's coming from:

The archdiocese has agreed to pay $250 million, its insurers will pay $227 million, and various religious orders will pay $60 million, Mahony said. Payment of the remaining $123 million is subject to further negotiation between plaintiffs' lawyers and various religious orders, such as the Claretians, but the archdiocese has guaranteed it will cover anything the orders do not pay.

And another plus: this database where readers can search by priest name or parish to learn how close to home the accusations hit. But lacking from any of the Times' explanations is another critical factor in settlement math: whether the payments are cash up-front or paid out over time, as is more common.
Posted at 08:08 AM
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Oliphant heads for the Tribune
Tue, July 17, 2007
Legal Times is losing its editor in chief, Jim Oliphant, to the Chicago Tribune (first reported by Media Bistro and confirmed in an e-mail by Oliphant). Oliphant, who's been in charge at the D.C. weekly for nearly two years, will fill the Tribune's legal affairs slot that was left vacant 14 months ago when Jan Crawford Greenburg departed for ABC News. Since then, D.C. bureau reporters have filled in when the Tribune wasn't picking up David Savage's stories from sister paper the L.A. Times.

Oliphant, a former practicing attorney, served earlier stints at American Lawyer Media's Daily Business Review in Miami and at Legal Times as a reporter and editor. He was promoted from managing editor when Legal Times editor Eva Rodriguez quit for the D.C. bureau of The New York Times. Under Oliphant, Legal Times launched the lively BLT (Blog of Legal Times), to which he posted some of the sharpest items. No word yet on his replacement, whose search coincides with the change in ownership at ALM from Bruce Wasserstein's private equity fund to U.K.-based Incisive Media. Executive editor Tom Schoenberg and senior editor Douglas McCollam (my former American Lawyer colleague) will run the place in the interim.

The Legal Times editorship has long been a stepping stone to top-tier, mainstream media jobs. Its alumni (in addition to Rodriguez) include Jill Abramson (now managing editor at the Times), Eric Effron (managing editor of The Week), Tom Watson (an editor biggie at Newsweek), and Rich Barbieri (now No. 2 at Crain's New York).
Posted at 10:25 AM
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Enterprising system stories
Tue, July 17, 2007
Two enterprise stories on systemic problems in the criminal justice system are in today's news digest from Criminal Justice Reporters:

Newsday's Anthony DeStefano uses data from SU's TRAC as the starting point for a story that asks why the time to prosecute federal cases is longer than elsewhere and continues to grow in New York City-area courts. His sources notably include the Brooklyn federal district's chief judge, serving as a reminder that judges often are willing to talk about administrative matters, especially when commenting serves their interests. The story provides a useful snapshot and some context, but it attempts to claim way too much territory for the space allotted to it. Thus, it just skims the surface.

The Arizona Republic's Robert Anglen is much more successful with his chosen target in this deeply reported piece, told in a compelling yet compact narrative of 1,800 words, about the systemic problems that allowed a man's crime spree to end in murder. Sources include cops (not spokesmen, but the actual officers who handled the many cases), a judge, victims, and the suspect himself in a jailhouse interview. Considering the spree ended in arrest only six weeks ago, Anglen's reporting is all the more impressive.
Posted at 01:26 PM
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Oliphant II: Tribune stays in the game
Wed, July 18, 2007
Following up on my report yesterday about Jim Oliphant's move from Legal Times to the Chicago Tribune, it's important to note what this hire means for coverage of the Supreme Court. The Tribune has now reclaimed its seat at a much-diminished table. Back in the day, any serious newspaper, and all the TV networks, had their own reporters on the SCOTUS beat -- not just someone covering DOJ who could swoop in for a big case, but a dedicated reporter at the Court, monitoring the cases and covering the big ones and big legal issues after having done the homework in the briefs and with the lawyers and advocacy groups.

As those ranks have dwindled along with newspapers' D.C. bureaus and aspirations for national coverage, the full-time Court press corps has shrunk essentially to these outlets (and please post a comment or e-mail me if I'm missing any): AP, NY Times, Washington Post, Wall Street Journal, USA Today, LA Times, McClatchy Newspapers, Chicago Tribune, ABC News, NPR, Legal Times/American Lawyer, and SCOTUSblog. Given Tribune Company's business traumas of late, and its LA Times sibling's presence already on the short list, it's surprising and heartening that the paper would recommit to this terribly important beat.

In an e-mail interview, Oliphant's predecessor at the Tribune, ABC News' Jan Crawford Greenburg, said the paper "should get enormous credit for taking legal coverage so seriously--especially when many other news organizations are cutting back." Greenburg continued:

The Tribune always has been committed to good, independent Court coverage and believed it should have its own reporter covering the beat--even when the Court wasn't producing daily stories like some other beats. The editors understood that sometimes it takes a day or two of reading briefs--days when you're not filing stories--to really master the case or the issue. And they always encouraged me to travel and find interesting and distinctive stories. Unlike some places, it didn't combine the Justice and Court beats (which obviously tends to swallow up the Court coverage, since Justice can be all-consuming). It really was a terrific place to be a Supreme Court reporter. . . .

Oliphant will work at the Tribune under a Legal Times alumnus, Naftali Bendavid, the D.C. bureau's deputy chief. Bendavid explained the 14-month gap between Greenburg's departure and Oliphant's hire as part of "the ebb and flow of newspapers (and probably other large organizations). In part, it simply took us a while to find the kind of person who we wanted to fill this very important job." I would imagine budget authority to fill the vacancy was another part of the equation. That the Tribune ultimately opted to fill the slot speaks to its commitment to quality Court coverage and to maintaining its place among serious national news organizations.

Update: I added Legal Times/American Lawyer to the list above after I was reminded that I had left off my own news organization (from my past life) and by implication its superior beat reporter Tony Mauro. Duh.
Posted at 08:04 AM
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Uncomfortable with openness
Wed, July 18, 2007
The Recorder's Justin Scheck, blogging at Legal Pad from the 9th Circuit conference in Honolulu, calls B.S. on the former U.S. attorney in L.A., Debra Wong Yang, who doesn't seem entirely comfortable with the notion that open court records serve the public interest. Scheck's quick Googling rebuts Yang's version of events of how a document in the BALCO investigation leaked out.
Posted at 10:05 AM
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Nino's wish list
Slate
Wed, July 18, 2007
Dahlia Lithwick (with an assist from her publisher, Cliff Sloan) spots a juicy nugget in Norm Pearlstine's new book "Off the Record." On page 77, Lithwick reports, Pearlstine tosses in this zinger:

In an interview, Justice Antonin Scalia told me that given the chance, he would probably vote to reverse New York Times Co. v. Sullivan.

Yikes! If I had hair it would be standing up straight. But here's Lithwick's interesting point: She confesses her nervousness about too much openness among Supreme Court justices, who are more prone these days to off-the-bench discussions of substantive law. But she ultimately praises Scalia for his "defiant public honesty." Scalia's candor, she writes, is a refreshing alternative to the bland assurances by certain other justices that they cherish stare decisis, shortly before they take a chain saw to settled caselaw.
Posted at 10:28 AM
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Suspect conviction under a microscope
Denver Post
Wed, July 18, 2007
Miles Moffeit follows his masterful Sunday story on a possible wrongful conviction with this story today, reporting the DA's decision to look further into the defense team's claims about newly analyzed physical evidence. The original story (linked via IRE) examined the conviction of Tim Masters, who was 15 years old at the time of a murder near his Fort Collins, Colorado, home in 1987. He's been imprisoned since his conviction in 1999. The story paints the conviction as shaky and circumstantial and the main investigator as a tunnel-vision zealot. Judging from the public's comments posted to both stories, Moffeit has readers hooked with his reporting and storytelling.
Posted at 12:20 PM
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Duke coverage rehashed
American Journalism Review
Wed, July 18, 2007
Is there anything left to say about the news coverage of the Duke lacrosse case? Stuart Taylor and KC Johnson, the authors of this forthcoming book, hope so. To tide us over before that book's publication in September is this long feature by Rachel Smolkin in the August/September issue of AJR. The nut graf is thoroughly unsurprising, juxtaposing the public shaming and punishment of DA Michael Nifong with the media's unaccountability. Smolkin writes:

But the media deserve a public reckoning, too, a remonstrance for coverage that--albeit with admirable exceptions--all too eagerly embraced the inflammatory statements of a prosecutor in the midst of a tough election campaign. Fueled by Nifong, the media quickly latched onto a narrative too seductive to check: rich, wild, white jocks had brutalized a working class, black mother of two.

I would have worked harder to billboard the story's new facts and conclusions. The problem is, the piece -- while it features some revealing comments by journalists and lawyers involved in the saga -- sheds little new factual light on the case and arrives at the same conclusions that nearly everyone already arrived at months ago: Let's be more skeptical next time. Though well constructed, it could have been told in a more accessible way than simply 7,800 words strung together. A shorter, lessons-learned piece with best and worst examples?

That said, there are some worthwhile highlights:
  • The News & Observer's editor, Melanie Sill, on the effect that national competition had on local coverage: "It was a messy story, and the outside media coverage, especially the cable television shows, the presence of every national media outlet here, made it much harder to report," she says. "People we would normally just go interview were having press conferences, or wouldn't talk, or would only talk in a leaking situation."
  • Cable talking head Wendy Murphy's dissembling response when asked why she was so gung-ho pro-prosecution: "She notes that she's invited on cable shows to argue for a particular side. 'You have to appreciate my role as a pundit is to draw inferences and make arguments on behalf of the side which I'm assigned,' she says. 'So of course it's going to sound like I'm arguing in favor of "guilty." That's the opposite of what the defense pundit is doing, which is arguing that they're innocent.'" (Has there ever been a clearer argument for the utter show-biz meaninglessness of such "debate" shows?)
  • One defense lawyer credits bloggers (not mainstream reporters) with scooping even the defense team by turning up unknown evidence. Johnson's Durham-in-Wonderland blog, says this defense lawyer, was "like having a PhD paralegal." Smolkin cites AJR research for a word count on Johnson's blog as of earlier this month: 800,000 words and counting.
Plus some thoughtful, telling comments by Newsweek's Evan Thomas and the aforementioned Taylor and Johnson.
Posted at 02:08 PM
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Doing the math, finally
Los Angeles Times
Thu, July 19, 2007
After a shaky start (see earler post), the LA Times digs into the mathematical truths behind the Los Angeles Archdiocese's sex-abuse settlement and publishes this story by Jessica Garrison. She talks to victims and lawyers to explore the range of settlements and the extent to which attorneys' fees will consume presumably hundreds of millions of dollars of the $660 million settlement. Garrison quotes anonymous lawyers as saying the payments are expected by December 1, implying they are cash payments rather than annuities paid out over time (which are prone to subjective valuations). But the story still doesn't do enough to clarify that point.
Posted at 11:38 AM
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Bulletin: Smolkin flees criticism for desk job
Thu, July 19, 2007
American Journalism Review's Rachel Smolkin, the target of my grousing yesterday about stale Duke lacrosse storytelling, is taking over editing legal coverage at USA Today. AJR Editor Rem Reider, in announcing the job hop today, wrote:

When AJR won Syracuse's new Mirror Award in the general excellence category this year, one of the judges went out of his way to tell us how much he and his fellow judges had been impressed by her work.

So who am I to say her swan song at AJR came up lacking? My bad!
Posted at 01:52 PM
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Two-dimensional portrait
Atlanta Journal-Constitution
Fri, July 20, 2007
Jeremy Redmon tackles a story close to LawBeat's heart -- the media savvy of Genarlow Wilson's lawyer, B.J. Bernstein -- but it lacks the anedotal oomph, tactical details, and clear-eyed conclusions that would define her as effective or merely a publicity hound. What's her PR firm do? How does she come across in interviews? How much time does she spend reacting to, or pitching to, the media? We don't learn much. Instead, we get a little bio, a little from her CV, some back and forth with a sharp-tongued critic (who accuses her of selling out her client for "publicity and future book and movie deals and limousines and Web sites and publicists"), and ultimately a journalistic shrug about who she really is.
Posted at 12:52 PM
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Can juvenile sex offenders get justice?
The New York Times Magazine
Sun, July 22, 2007
I love Maggie Jones' cover story in the Times Magazine today because it doesn't hit you over the head with What You Should Think -- and because she isn't burdened with an agenda. She asks tough questions about how we treat juvenile sex offenders, explores the many shades of the offense, and bears down on the fairness of sex-offender registries that publicly brand juveniles as perverts for life. As I said, though, the story isn't a diatribe. It takes the victims into full account, and arrives -- as is often the case in real life -- at a perplexing gray area rather than at easy answers. And, most of all, because it's heavily reported and powerfully written.
Posted at 08:42 PM
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A sleeping giant stirs
ABA Journal
Mon, July 23, 2007
Law.com, watch your back. The ABA Journal today launched a new Web site that kicks Law.com's butt.

It goes against my upbringing to say something positive about the ABA Journal. Its mission traditionally was to be as inoffensive and inclusive as possible, attempting to appeal to all lawyers, or big swaths of them, with service journalism aimed at their supposed common interests. Fundamentally, though, power brokers and dealmakers from New York, LA, Chicago and Washington have precious little interest in the stuff that small firms and solos do. And vice versa. The ABA was also known to meddle in the magazine's editorial operations, turning it into more a PR vehicle than a true member service. The magazine now and then published important features, but those were so rare, and mostly so long ago, I stopped reading the thing years ago and only checked in now and then for a quick scan to make sure it hadn't awoken. And it hadn't. Its Web site was just as awful.

I can't say for sure all that's changing under new editor and publisher Ed Adams (though at least the covers of the magazine have benefited from livelier art direction). But this new Web site sure breaks with the past. Most useful are:
  • News summaries and links covering all major media, unlike Law.com's proprietary model which sprinkles in a bit of AP copy among the ALM publications' content.
  • A blog directory, which describes the blogs, and doesn't just name them. Here, too, Law.com's proprietary model pales by comparison (though at least its blog network includes the essential How Appealing).
Everything breaks down by topic. And the archives are deeper than before, and promised to be deeper still. It's not revolutionary, or anything. Just useful and comprehensive, with solid content and technology.

Posted at 01:17 PM
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Programming note
Mon, July 23, 2007
I'll be traveling the rest of this week sans Web access, so no new posts until July 30 or 31.
Posted at 05:25 PM
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Poll data: (A) Too cynical? (B) Real world?
The Washington Post
Sun, July 29, 2007
Is the Supreme Court seen as a results-oriented, politicized, policymaking body because we in the media do stories like this? That's one question I'd like to see asked in the next Washington Post-ABC News poll. By polling the public on a Goldilocks series of choices -- too conservative? too liberal? or just right? -- and taking its temperature on two ideologically laden decisions (partial birth abortion and school integration), the Post, ABC and their pollsters don't bother with "technicalities" about why the Court reached the results that it did. All that matters is the bottom line: the outcome, and whether we like it. I realize it's absurd to contemplate polling Joe and Jane Public on whether they think John Roberts' equal-protection arguments hold water and are consistent with precedent. But is it naive to see the flip side as equally absurd? That is, to ask the public if the Court is right or wrong based on what we like or dislike about the policy implications of its decisions, regardless of whether any law actually (and arguably) led to the liked or disliked result? Is it naive, in other words, to hope that journalists will teach the public that the Courts do (or should do) a job that's fundamentally different from that of lawmakers and regulators?

OK, it is naive. But it's not too much to ask that either the story or the polling data supplied alongside it show the actual questions asked and the numbers of responses now and at the earlier point of comparison, in July 2005. The Post, at least in the online version of the story by Robert Barnes and Jon Cohen, doesn't do that. And ABC News doesn't seem to include anything yet on the poll at its Web site.

Update: ABA Journal links to the ABC report by Gary Langer, which is even thinner on substance -- legal and polling methodology -- than the Post's report.
Posted at 06:52 AM
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Counting loopholes
Slate
Sun, July 29, 2007
Jack Shafer struts his Lexis-Nexis abilities in this critique on the overuse of the word "loophole." By his count, the term has appeared in 45 headlines in select prominent newspapers over the past six months. I like his definition:

It's a loaded, partisan word, one that implies wrongdoing and scandal where none exists, and inserting it into a political argument gives the inserter the upper hand. When loophole creeps into news stories, they start to read like editorials.

He zeros in on a couple of offending stories that toss the word around without showing that the law in question has actually been exploited in an unintended way (which is the classic definition).
Posted at 07:26 AM
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"Small but growing" trend in trend stories
The New York Times
Sun, July 29, 2007
David Kocieniewski's third installment in a series on witness intimidation in Newark prosecutions is guilty of hyping a trend that it never even attempts to bolster with evidence. Which is a shame because this story, like its predecessors in the series, is a vivid enough anecdote, told through chilling on-the-record interviews with witnesses, victims and cops, that it doesn't need a flimsy national-trend hook to justify itself.

His first two stories in the series "Scared Silent" were on February 27 (a well-documented look at the number of prosecutions derailed by intimidation or murder) and July 8 (mainly focusing on one case of intimidation). As I blogged at the outset of the series, Kocieniewski was fuzzy on a key question -- whether murders or changed testimony were to blame for more ruined cases -- and in the second story he cited only unnamed criminologists to lay claim to a national trend. Today's story makes a similar acrobatic leap to telescope out from one case, and again falls back to earth. He opens with the story of Reginald Roe, reluctant witness, leading to this nut graf:

Now Mr. Roe is the criminal defendant, facing up to three years in prison for the sin of being scared silent. Charged with making a false statement, he is Exhibit A in law enforcement’s increasingly desperate war on witness intimidation in cities plagued by gang violence. His is one of a small but growing cadre of cases nationally in which angry and frustrated prosecutors are turning the tables on witnesses who recant.

Followed by ... the story of Reginald Roe. Nothing about other cases, no stats or experts to serve up summaries of what's happening elsewhere. Just the story -- well-told, I grant you -- of one witness in Newark. I'm the trusting sort, so I have to believe that Kocieniewski can back up his claims, but space limitations or weak editing robbed him of the chance. A cynic might think, instead, that he hyped a good anecdote to vault it onto a Sunday front page (which brings us back to the weak-editing theory).
Posted at 08:02 PM
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Why God made long-form magazine journalism
The New Yorker
Mon, July 30, 2007
I'm a sucker for a murder mystery. And a murder mystery about a federal prosecutor, told in authoritative, dispassionate, deeply reported New Yorkerish prose? I'm hooked. Jeffrey Toobin's yarn about the investigation of Tom Wales' murder in Seattle -- and the behind the scenes tensions over the way the probe has proceeded -- is masterful. And it helps that this case has received little national attention (that I can recall).
Posted at 06:21 PM
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Why?
Miami Herald
Tue, July 31, 2007
John Dorschner's profile of Willie Gary fails because it lacks a news hook and originality. Been there, profiled that. A lot.

This story has nothing new, and no apparent reason to be told now. No balance, no myth-bursting surprises, no twists of any kind. Just a big ol' wet kiss.

Is it a must that a profile of a celebrated figure be a takedown, if nearly everything that preceded it for a decade or more was the same sort of "watch Willie win" celebratory fluff? No, not if the subject doesn't deserve a takedown. But news must be new.
Posted at 09:04 PM
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