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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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| Digging deeper in judicial campaign finances |
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| Judicial Reports |
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| Sat, November 01, 2008 |
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There's no shortage of judicial campaign stories -- and horror stories -- this election cycle. A two-part story by Mark Lagerkvist at Judicial Reports this week serves as a useful example of smart reporting that goes beyond the usual stories about attack ads and heavy spending. He did that by looking at the incestuous relationship between judges and the lawyers who finance their campaigns. In New York, partisan judicial elections are confined to the lower courts -- the highest court, the Court of Appeals, is appointed -- so Lagerkvist trained his sights on lawyers' donations to incumbents in the trial courts (which in this state are confusing called Supreme Court) and their appellate divisions. In part one, Lagerkvist documented the degree to which lawyers with pending cases will donate to "their" judges by focusing on one law-firm donor and its beneficiary, an Albany appellate justice, with revealing quotes by both to put the eye-popping numbers in perspective. Part two examines the tangle of rules governing the conflict-ridden financial relationships between lawyers and judges. It's too late for the stories to inspire copycat reports by next Tuesday. But they should make it onto every editor's to-do list for the election aftermath, or at least for the next trip to the polls.
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Posted at 07:33 AM
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| LAT/Tribune mashup looks grim |
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| Sat, November 01, 2008 |
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The rumored cutbacks in D.C. at the Los Angeles Times and Tribune Co. bureau suggest bad news, no matter how you cut it, for legal journalism. The combined operation now is home to a diverse crew of legal-affairs and Supreme Court experts, including David Savage, Richard Schmitt, and Jim Oliphant. It's hard not to dread how bean-counters might view that diversity -- as redundancy -- even though a big-picture view would show that the American public is served by a dwindling cadre of Washington legal reporters.
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Posted at 01:53 PM
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| Gitmo press corps dwindles at times to three |
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| Associated Press |
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| Sun, November 02, 2008 |
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AP's David McFadden reveals in this story that the original burst of journalist attention paid to Guantanamo Bay trials of terror-suspect detainees has evaporated. He writes:
The heyday for journalists seems to be history. Only months ago, the military periodically flew dozens of print reporters, TV crews, pool photographers and sketch artists to Guantanamo Bay from Andrews Air Force Base near Washington.
Once they landed in the arid heat, they were met by soldiers who shepherded them in buses and a boat across the bay to a press room to watch court proceedings on a big-screen TV. Military public affairs officers stood by to answer questions.
At night, the journalists were ferried back across the bay to their Combined Bachelor Quarters, where they shared drinks and conversation before falling into bed.
These days, the military press liaisons outnumber the journalists. Only reporters from AP, Reuters and The Miami Herald were present for this week's trial.
The reporters don't stay across the bay during the hearings anymore. Now, they sleep in tents erected on a cracked, abandoned airstrip near the two courthouses.
Shame on the major newspapers for taking a pass on any of the trials. And kudos to the three news organizations that take their watchdog role seriously. My only quibble: the story refers in the lede to "war-crime trials." I'm no expert, but that strikes me as an error. I thought that these were proceedings conducted under a federal statute creating a new breed of military commissions, unlike war-crimes trials under established international or federal law.
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Posted at 05:15 PM
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| Watching Gitmo from afar |
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| The New York Times |
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| Mon, November 03, 2008 |
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Speaking of Guantanamo watchdog journalism, The New York Times' William Glaberson and Margot Williams produced an impressive front-pager today that does what AP's David McFadden did in the story that I praised yesterday, by looking at Gitmo's prospects in the next presidential administration. But it dives much deeper, with this database tracking all of the Guantanamo detainees: biographies, details on their cases, and scans of reports that the government has released. The writers explain their mission:
The Pentagon has declined to provide a list of the detainees now being held or even to specify how many there are beyond offering a figure of “about 255.” But by reviewing thousands of pages of government documents released in recent years, as well as court records and news reports from around the world, The New York Times was able to compile its own list and construct a picture of the population still held at Guantánamo Bay.
Much of the analysis is based on records of Guantánamo hearings for individual detainees, which have been made public since 2006 as a result of a lawsuit by The Associated Press. The Times has posted those documents on its Web site arranged by detainee name.
Very impressive. This doesn't negate my earlier call for on-the-scene trial coverage, which Glaberson has done a lot of but evidently has tired of recently. It does, however, remind us there's more than one way to play watchdog.
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Posted at 04:29 AM
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| Court's move right: leaning more than lurching? |
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| Tue, November 04, 2008 |
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Tony Mauro's story in Legal Times isn't so remarkable for its claim that the conservative makeover of the Supreme Court is not yet complete -- it's pegged, after all, to a new law review article, other experts' claims, and Mauro's own reading of the cases -- as it is cheeky for naming names of journalists whose stories Mauro is diplomatically knocking. He writes:
Most Court commentators believe conservatives are finally riding high in the saddle at the Supreme Court—and enjoying it. Increasingly, their ascendancy is being viewed, as author Jeffrey Toobin puts it, as President George W. Bush’s "most enduring triumph." In The New York Times, Linda Greenhouse, now retired from the beat, wrote that it is "the Supreme Court that conservatives had long yearned for and that liberals feared." NPR’s Nina Totenberg chimed in that conservatives " seem to have reached the promised land." Without being churlish, it is fair to wonder whether even this part of the Bush legacy is the shining success it is cracked up to be.
Maybe not churlish, but certainly unusual in its candor for identifying those commentators by name. The story goes on to cite Mauro's own evidence for a less-than-complete turn rightward, along with the conclusions in a new Tulsa Law Review article, co-authored by Northwestern University political scientist Lee Epstein.
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Posted at 05:03 AM
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| To the victors go the backhand |
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| Thu, November 06, 2008 |
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In his report yesterday on California voters' approval of Proposition 8 -- endorsing a state constitutional amendment to reverse the effects of the California Supreme Court decision in favor of same-sex marriage -- NPR's Richard Gonzalez is guilty of telling the news from the losers' perspective. First, All Things Considered host Robert Siegel describes the vote in his intro as "a crushing defeat for supporters of gay marriage." Then Gonzalez opens his report on location with opponents of the proposition. Only after we hear from the losing side are we introduced -- by phone, halfway through the story -- to a spokeswoman for an organization that supported the proposition. Gonzalez's report is factual and dispassionate. But by emphasizing opponents' perspective, and by not also quoting average citizens on the winning side, NPR's story comes off as biased in favor of same-sex marriage supporters.
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Posted at 06:05 AM
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| Secret justice? WaPo shrugs; Times shines a light |
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| Fri, November 07, 2008 |
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Should readers care whether justice is determined in secret? You'll get opposing answers to that question by looking at today's New York Times and Washington Post. In the first habeas corpus hearings for Guantanamo detainees in a federal court, U.S. District Judge Richard Leon of Washington, D.C., heard opening arguments in open court in a case concerning the government's detention of six Algerians. Del Quentin Wilber's story in the Post follows the back and forth of the arguments, and the background of the case, but in the seventh graf drops this little mention in a single sentence:
Most of the proceedings will be closed to the public because lawyers will be discussing classified material.
The Times' William Glaberson clearly considered that move worth more scrutiny. In his second graf, he notes that the arguments were stripped of mentions of the evidence, and that the courtroom was closed for the real hearing. He then explains in detail what will or won't be kept secret -- not just from the public, but from the detainees, their lawyers, and even from the judge -- and quotes a critic as saying that the government, having failed to evade judicial scrutiny, is now trying to avoid public scrutiny (a charge answered by a government source who defends the classification decisions as necessary). Glaberson closes his story with this remarkable detail:
In the case that began Thursday, government lawyers appear to be taking few chances that the men will be freed.They have filed a sealed envelope of evidence with Judge Leon, which the detainees' lawyers have not been permitted to see. In court filings the government lawyers said that if the evidence in the closed hearings was not enough to justify the detention, then the judge should open the envelope.Judge Leon, the filing said, “may very well ultimately face the circumstance where the information justifying detention is too sensitive” to share not only with the detainees but also with their lawyers.
Glaberson's just-the-facts tone does not take sides, but he and his editors deserve credit for shedding as much light as possible on how this case is being handled.
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Posted at 07:28 AM
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| AmLaw mafia rides again |
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| Fri, November 07, 2008 |
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Here at LawBeat, we look for a legal journalism theme in practically anything. It's not hard to find in the latest Time Inc. shakeup. Replacing Money magazine managing editor Eric Schurenberg is Craig Matters, who first landed his job at Money due to his American Lawyer connection to then-Money chief Bob Safian. Now Safian is the top editor at Fast Company, where one of his ins was the former No. 2 at sister magazine Inc., Karen Dillon (a former American Lawyer editor and now No. 2 at Harvard Business Review). With Jane Berentsen (Amlaw veteran) now heading Inc., and former American Lawyer editor Steve Adler in charge at BusinessWeek (with a posse of former Amlaw'ers with him), and with Amlaw veteran Rich Barbieri high on the CNNMoney.com masthead because of his Matters connection, it's tempting to conclude that if Steve Brill hadn't started The American Lawyer, business magazines today would be forced to rely on headhunters, or something. Congrats to Matters, with whom I worked closely at the American Lawyer first-generation online service for lawyers called Counsel Connect, and who's a first-class journalist.
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Posted at 06:20 PM
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| NYT vs. USAT: Is there an echo in here? |
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| Sun, November 09, 2008 |
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Two months after USA Today's Donna Leinwand reported that public defenders in a growing number of states are balking at handling unworkable caseloads,The New York Times' Erik Eckholm reports essentially the same thing. But what a different two months -- and a few other important factors -- can make. Back in September, I dinged the USA Today effort because it hyped a trend that it didn't prove with evidence. Leinwald wrote that "public defenders are being hit so hard by budget cuts and growing caseloads that offices in several states are refusing to take on more cases because they say defendants' rights are being hurt." She supported that with only three examples, two of which involved court challenges -- not so much a refusal as a plea for relief. Now, Eckholm shows that Leinwand was on to something. He focuses on the same case that served as Leinwald's peg -- a court challenge in Miami -- and backs it up with details from seven states, taking care to specify that the PDs in those states are either refusing to take new cases or are challenging their workloads in court. Eckholm's story benefits from two factors out of Leinwand's control: story length and timing. Eckholm's front pager clocks in at more than 1,500 words, more than triple the word count allotted to Leinwand's story. And, since September, the Times reports, more public defenders have gone to court or gone into open revolt. Was I a big old meanie toward Leinwand? No, her story didn't deliver the goods promised in the nut graf. Did the Times rip off USA Today? Not in my view. Inspiration comes in many forms. I'm sure each of the state challenges has been covered locally. Even if Eckholm took his idea directly from the Leinwand piece, he clearly did his own work -- the anecdotes and details are distinctive -- and ultimately did a better job under admittedly favorable conditions. A true ripoff occurs when the thief merely retraces the steps taken in the original -- or, even worse, simply copies the story without attribution. Props to Leinwand and USA Today for spotting a tasty trend first. If only they hadn't taken it out of the oven quite so soon.
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Posted at 05:09 AM
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| SCOTUS reporting on the road (again?) |
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| Tue, November 11, 2008 |
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It's good to see Adam Liptak getting out of the house more. Today's front-pager, datelined Pleasant Grove City, Utah, strikes a more reportorial tone than the scholarly approach that Liptak's iconic predecessor, Linda Greenhouse, typically took to previews of Supreme Court cases. Rather than rely strictly on the briefs, the lawyers of record, and experts, Liptak visits the litigants and sees the case from the ground -- in this case, from a city park where members of Summum, an oddball little religion (my words, not Liptak's), want to donate a monument inscribed with their "Seven Aphorisms." Liptak writes that the case, to be argued on Wednesday, "could produce the most important free speech decision of the term." It also produces some un-Greenhousian copy, such as:
"They've put a basically Judeo-Christian religious text in the park, which we think is great, because people should be exposed to it," [Summum leader Ron] Temu said. "But our principles should be exposed as well. "Su Menu, the church's president, agreed. "If you look at them side by side," Ms. Menu said of the two monuments, "they really are saying similar things." The Third Commandment: "Thou shalt not take the name of the Lord thy God in vain." The Third Aphorism: "Nothing rests; everything moves; everything vibrates." Michael W. Daniels, the mayor here, is not the vibrating sort.
Or like this, the story's ending:
[Church lawyer Brian] Barnard has represented the Summum church for many years. "They're odd," he said of his clients, with an affectionate smile. "They're strange. They're different." Bernie Aua, the church's vice president, said the court case should not turn on how his religion was viewed. "We have this thing called the Constitution," Mr. Aua said. "The fact is, it's a public park. And public parks are public."
I like it. And so will readers. This sort of thing animates the legal arguments. Perhaps it doesn't also elevate them to their rightful intellectual place, but so what? We're trying to interest all readers in the cases, and show what's really at stake. I think this sort of reporting and writing does that. Liptak is certainly not the inventor of this model. Many SCOTUS and legal-affairs writers have used it to powerful effect. And I am not saying that the traditional, briefs-bound way is bad. It certainly has its place, and no reporter -- not even the energetic Liptak -- will be able to give the Pleasant Grove City treatment to every case, or even every important case. But it's refreshing when he does in the paper of record.
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Posted at 06:04 AM
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| Mauro to Obama judge-screeners: be patient |
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| Tue, November 11, 2008 |
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Tony Mauro shows what a curious mind and a telephone can do to inject some contrary facts into a speculative discussion. The topic is President-elect Obama's Supreme Court nominations, and whether the three oldest liberals might take Obama's election as their cue to exit soon. Pundits have convinced themselves this is so. Mauro one-upped them by doing some reporting: speaking to former law clerks and reading a speech transcript for clear clues that Ruth Ginsburg plans to stick around at least eight more years; picking up hints from "some" David Souter friends that he isn't anxious to leave; and learning from "one longtime friend" that John Stevens may indeed be eying the door. True, the sourcing is anonymous and the information tentative. But, when combined with expert historical analysis -- and when it rings true to another savvy Court reporter, Jan Greenburg -- the story serves a useful purpose: as a wait-a-minute caution to the analysts who seem only to analyze imaginary scenarios.
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Posted at 05:15 PM
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| MLK Family: I have a claim! |
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| Sat, November 15, 2008 |
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Is Martin Luther King's family greedy? That's the focus of a story that the Associated Press' Errin Haines broke on Thursday, which The New York Times followed today. Neither adequately explains to readers how intellectual-property rights work.
There's no denying it's news. Haynes quoted King Center president Isaac Newton Farris, Jr., threatening litigation against the makers of T-shirts and other paraphernalia linking Barack Obama to MLK. Farris himself puts a financial motive on the table, explaining that the nonprofit center wants a cut of the proceeds if street vendors are cashing in on King's image. Farris offered another rationale to the Times' Robbie Brown:
“The law says that if you don’t assert and protect the right to an image, you can lose that right.”
Brown offers no other explanation of that, in her own words or from experts. The AP's Haynes doesn't touch on that at all, but did include this graf:
King's writings, likeness and voice are considered intellectual property, and almost any use — from graduate thesis papers to TV documentaries — are subject to approval by his estate, now administered by his surviving children, Martin Luther King III, Dexter King and the Rev. Bernice King. (Because Obama is an elected official, his words and image are in the public domain and can be used without permission.)
An IP expert probably would poke a bunch of holes in that -- doesn't even a president have remedies if his name and likeness are used without permission to endorse a product, for example? -- but the graf at least helps laymen understand the starting point for the discussion. What should have followed, in both stories, was at least a brief expert quote on the use-it-or-lose-it rationale. Could the King Center look the other way and not undercut its future IP rights? Both stories (and those that undoubtedly follow) should inform readers of that.
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Posted at 07:31 AM
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| WSJ's crime stats smell fishy |
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| The Wall Street Journal |
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| Sat, November 15, 2008 |
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Jennifer Forsyth and Leslie Eaton break little new ground in this profile today in The Wall Street Journal of Dallas DA Craig Watkins, who months or even years ago achieved national renown for his aggressive break with Dallas' lock-em-up history. The story traces Watkins' role in reexamining cases of suspected wrongful conviction, and using DNA to exonerate defendants. All that's potentially new in the story is criticism of Watkins' publicity-seeking ways, and a critical look at his attacks on his predecessors. It's useful, but not fleshed out in a definitive way. What really caught my eye, though, was this graf in which Watkins makes the case that he's not just exonerating the innocent:
He points to his overall record, which is similar to his predecessor's. According to court data, 61% of capital-murder cases his office has handled so far have resulted in convictions; the previous district attorney, Bill Hill, got convictions in 55% of capital-murder cases during a comparable period of time. Mr. Watkins has convicted 48% of murder cases and 34% of sexual-assault cases involving an adult, compared to 48% and 31%, respectively, for Mr. Hill.
The numbers are presented as if they represent a good prosecutorial win rate, but in fact those percentages appear shockingly low to anyone familiar with the criminal justice system. Ordinarily felony conviction rates -- commonly expressed as the percentage of all charges to result in conviction -- are just a few points south of 100 percent, in large part because plea bargaining ensures that most defendants are convicted of something. So what's going on here? Are these the convictions based on all reported crimes, vs. all crimes charged? Or of all cases that went to trial? I wasn't able to find the answers on the DA's Web site or in The Dallas Morning News, which has aggressively covered wrongful convictions in its city (see this archive and this recent investigative project). Any ideas?
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Posted at 09:22 AM
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| Covering the Court: Greenhouse and O'Connor |
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| Sun, November 16, 2008 |
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How Appealing flags this legal-reporting-themed installment of C-SPAN's America & the Courts, with a link to C-SPAN's web stream of the show. I haven't seen it yet, but will soon, provided my trusty DVR worked. (LawBeat's home office is afflicted with the world's slowest DSL connection, so we don't do much web video-watching in these parts.)
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Posted at 01:37 PM
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| A Heller post-mortem, finally |
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| Reason |
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| Tue, November 18, 2008 |
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In the nearly five months since the Supreme Court's Second Amendment opinion in D.C. v. Heller -- heralded or denounced at the time as a civil liberties landmark -- mainstream journalists have done little to document the making of this major case. Perhaps I missed all of the tick-tock narratives, the personality-driven profiles on the people struggling behind the scenes, the policy-heavy analyses on where we go from here. I'm sure there've been a few, but only a few. In the days after the decision, there was no lack of op-ed fallout. But the reporting on Heller has not, it is safe to say, dominated our major newspapers, magazines, and long-form TV news programs.
I was reminded of this general news blackout when I read this excerpt from a new book on the case by Brian Doherty. He's a senior editor at the libertarian Reason magazine, which excerpted the book -- Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment -- on its Web site. It's a solid piece of reporting and writing. Doherty's done the work and has the writing chops to make sense of it all.
But the story is burdened by its niche publisher and its true-believer tone, especially at the start and the end. That makes me wish that mainstream writers had seen this for what it is: a big story, with the usual drama just waiting to be revealed about strategies, rivalries, luck, and risks. It's hard not to conclude that the story faded quickly from view because a generally liberal and urban corps of journalists didn't have the stomach for a story about a major libertarian-conservative victory that mattered most to rural gun owners. And I say that not as the usual media-hating ditto-head or gun nut, but as someone frequently called upon to defend the professionalism and good faith of fact-finding journalists -- of reporting without an agenda. I believe in it. But I fear for it, when its practitioners don't rush to scoop each other or out-write each other, simply because they dislike or have no personal passion for the outcome. (Via How Appealing)
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Posted at 08:32 PM
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| Abrams' conflict-o-rama |
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| Wed, November 19, 2008 |
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What a colossally bad idea! NBC's chief legal correspondent, Dan Abrams, whose mandate at the network and at MSNBC has steadily shrunk, is starting a consulting firm that puts journalists in the employ of corporate clients. Not only will Abrams and his band of moonlighting journos be opinionators-for-corporate-hire, but the Times' Brian Stetler reports that Abrams will remain as NBC's chief legal analyst. Abrams assures Stetler that his new company will “bend over backwards to make sure that there are no conflicts or ethical issues that arise.” You can't bend that far when, as a journalist, you're being paid to give strategic PR or other advice to corporations.
Update: The Journal's Rebecca Dana provides a more complete report on Abrams' plans. While Abrams explains at more length what kind of firewall he has put in place to keep working journalists from pocketing fees from corporate clients, the plan still sounds riddled with problems. You can't thread that needle -- claiming that the conflict is cured by swearing that a media consultant is not not actively covering a given company at the moment -- because the broader conflict still exists: If you're on call, you see every corporation as a potential client. Journalists who want to hire themselves out as corporate advisors should leave reporting and the news business (including the business side) and hang their PR shingle.
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Posted at 05:35 AM
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| Recorder plays public-record watchdog |
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| The Recorder |
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| Thu, November 20, 2008 |
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Thanks to a brief and accidental disclosure of a court document meant to be sealed, Dan Levine of The Recorder shines a light on a court's casual decision to conceal public documents -- and a lawyer's demonstrably overblown justification for that sealing. Levine, covering the first economic espionage prosecution, noticed that the sentencing memorandum that U.S. District Judge James Ware agreed to seal did not square with the description of it by defense lawyer Paul Meltzer. Levine got a peek at the document when it was inadvertently disclosed on the court's electronic docket. Levine then uses the story to question the standards that the courts use, and the practical realities -- namely, that judges will lazily agree to any uncontested sealing motion, regardless of the facts or the rules. Thankfully, some news organizations take the time to cover such incidents critically, or go even further to formally challenge such decisions.
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Posted at 07:56 AM
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| Boiling down without dumbing down |
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| SCOTUSblog |
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| Thu, November 20, 2008 |
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SCOTUSblog's Lyle Denniston performs a feat of summarizing and packaging with this report on a remarkable series of cases that put into practice the Supreme Court's Boumediene v. Bush decision. It's been five months since that landmark decision set new parameters in war-on-terrorism legal challenges. Making sense of a weeklong series of five proceedings starting today, at all three levels of the federal courts, sounds like a prescription for a dizzying and lengthy tome. Denniston does set some sort of word-count record for a blog post, at nearly 2,400 words. And a "note to readers" postscript warns about which angles he wasn't able to explore in his analysis. But Denniston clearly organizes and simplifies a ton of material with a snappy lede that promises "a primer that simplifies and sorts out these developments, and shows how they mesh or clash," and with accessible writing that puts the information into a quick summary followed by an analysis of each case's potential significance. It's the thinking man's charticle!
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Posted at 09:23 AM
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| LAT gives Prop 8 the drive-by treatment |
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| Los Angeles Times |
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| Sun, November 23, 2008 |
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If this is the best that the LA Times can muster in covering a huge legal issue at a critical turning point, then I pity California voters -- and anyone else in the country, on either side, who's riveted to the Proposition 8 story.
For starters, reporter Jessica Garrison tackled a worthwhile and logical angle, which her lede defines in clear and broad terms:
In normal political campaigns, election day -- win or lose -- signals the end.
Not so with Proposition 8, the constitutional amendment defining marriage as only between a man and a woman that was approved by 52% of California voters Nov. 4.
Instead of settling the question of gay marriage in California, the election merely ushered in a new, and in many cases more heated, phase of the campaign, with both sides looking ahead to 2010, when the matter could be back on the ballot.
But Garrison's overly slim 1,000-word piece (blame her editors and the newspaper biz) barely skims the surface of that story. Through a combination of opaque or anecdotal sourcing, the story lacks definitive and clearly attributed facts at the heart of the what-next story. For example, Garrison writes about the responses to last week's California Supreme Court decision to hear challenges to the voter-approved constitutional amendment:
If justices uphold the proposition, gay marriage backers plan to put their own measure before voters perhaps as soon as 2010 to re-amend the state Constitution to allow the marriages.
If the justices toss out Proposition 8, some gay-marriage opponents have talked of putting something on the ballot themselves, either to again ban gay marriage or to oust Supreme Court justices or both.
Intriguing! But who are these backers and opponents who can confirm this? We're not told. Some leaders are quoted later in the story, on other questions, amid other quotes from ordinary activists, but there's no way for a reader to tell if Garrison nailed the strategy details through definitive sourcing, or just hunches. Or take this passive-voice-riddled set of facts:
Many on the No on 8 side are also trying to figure out what went wrong with their campaign. Their side was leading in polls in the weeks before the election and has since been accused of not doing enough outreach to blacks and Latinos and not responding quickly or effectively enough to the other side's claims about what effect the proposition would have on public school curriculums.
I'm not saying this is untrue. I'm asking: who can trust such assertions without clearer attribution? I'm also wondering how readers can choose sides on any basis other than the binary, gut-sense question -- gay marriage, good or bad? -- when stories like these say absolutely nothing about the constitutional basis for the Supreme Court's original ruling; the arguments on both sides of the pending court challenge; and the legal questions that surround such a remarkable exercise in constitution-based policy-making. When I search the Times' Web site for an index to all of the paper's coverage of Proposition 8 -- thinking that perhaps there are backgrounders or more thorough stories to fill in the gaps -- I come up empty handed, finding only sporadic daily coverage since Nov. 4.
Considering the volatility of this story -- a monumental struggle between competing social values, and among the courts and voters and legislators -- I want clearer, deeper, original reporting than what the Times seems to be throwing at this story. (Via How Appealing)
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Posted at 06:46 AM
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| Good impending news on NYT legal beat |
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| The New York Times |
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| Tue, November 25, 2008 |
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This morning's reappearance of Adam Liptak's Sidebar column prompted me to wonder anew whether the Times will ever replace Liptak on the national legal-affairs beat. Good news: deputy national editor David Firestone predicts an announced hire is just days away. The new legal reporter will alternate with Liptak in a weekly Sidebar.
I've been fretting or grousing about the vacancy since Liptak was named to the Supreme Court beat in May. Back in July, Times bosses made reassuring sounds about filling the void. But so much time elapsed, and the business environment is in such a swoon, that my heart sank this morning when I saw the announcement that Liptak's Sidebar would now be biweekly and focused on the Supreme Court. If the paper now expected its SCOTUS reporter to cover broader issues than just what's on the Court's docket, and if there were no law beat reporter who could focus exclusively on issues and trends, we readers would suffer a net loss.
So the Times' commitment to the beat -- "we would never abolish the legal beat, which plays a central role in our national report," Firestone wrote in an e-mail -- is cause for celebration by anyone who cares whether this kind of coverage will have at least one forum -- and a forum in our most important and ambitious newspaper.
It's also good news on the SCOTUS front, because it means two things: Liptak's coverage won't be diluted by an overly broad mandate, and his columnist voice will make regular appearances in the paper. Here's what he wrote in an e-mail when I asked how he distinguishes column fodder from ordinary beat stories:
The column means to be about ideas rather than news in the sense of accounts of recent factual developments. But I hope those ideas are timely, fresh and rooted in the work and culture of the Court, the issues that are likely to reach it and the consequences of its decisions. I'm interested, too, in the empirical, analytical and theoretical work of the legal academy, but I may be alone in this.
He shouldn't be alone if today's piece is any indication. It's a folo from the Exxon Valdez decision in June, about a controversial footnote that raises important questions about the role of academic research in appellate litigation. Sounds dreadful, I know, but give it that Liptakian touch -- smart writing, based on original and deep reporting -- and a dry and technical topic becomes accessible to the educated lay reader.
Obviously I'm all lovey-dovey on the Times today. Give it its due. Though it's a tempting target for critical barbs now and then -- simply because it's the biggest target -- on days like this, after months of relentlessly bad news about the business, the Times makes me grateful for its investment in quality.
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Posted at 11:07 AM
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| Abrams: 650 so far have drunk the Kool-Aid |
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| Wed, November 26, 2008 |
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Dan Abrams -- the NBC legal journalist scheming to hire out working or unemployed journalists as corporate consultants -- tells the Observer's Felix Gillette that in the first five days, he lured 650 journalists to his little honey pot. Gillette describes the early birds as "freelance journalists, people who are writing books and individuals who have recently been laid off or walked away from jobs in the media industry." Abrams defends his consultancy's business model as welfare for a wounded profession:
“There’s something a little bit offensive to me—as all these media organizations are cutting back so significantly on personnel—that people are out there saying, ‘Well, Dan Abrams shouldn’t be trying to help them find any work,’” said Mr. Abrams. “You know, give them a break.”
How touching. I have no beef with a former journalist, or someone taking a hard break from journalism, sucking at the corporate teat. The obvious problem is that this is attracting hundreds -- Abrams says he hopes eventually to have 20,000 in his database of experts -- who will now straddle the line between journalism and PR, probably without bothering to inform their readers and viewers. It's not surprising that in these times, desperate people will do desperate things. That just makes this scandal that much sadder -- the Jonestown massacre of journalism ethics, a wholesale compromise of journalists' independence. Choose your poison, folks: You're either with a crippled business, or you're consulting with other sorts of businesses, but you can't do both.
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Posted at 10:15 AM
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| "Sting" story months in the making |
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| Vanity Fair |
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| Sat, November 29, 2008 |
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Christopher Ketcham's story from the upcoming January issue of Vanity Fair shows what a magazine writer can do to break news in a tabloid-friendly murder case -- especially when one side in the case chooses to use publicity as part of its strategy. Ketcham tells the story of Doreen Giuliano, whose 25-year-old son, John Giuca, is serving 25 years to life for the 2003 murder of Mark Fisher, a 20-year-old college student. To attempt to prove a wrongful conviction, Giuliano ran a sting against a juror in the case and now claims to have taped evidence of juror misconduct. Giuliano told her side of the bizarre story of sex, drugs, and surreptitious tapes to Ketcham before it all is to come out in court papers, which supposedly is to happen next week.
At one point near the end of the feature, Ketcham reveals that "a reporter" was talking to Giuliano about the sting as long as seven months ago, in a middle-of-the-night meeting immediately after her last meeting with her target juror, Jason Allo.
Mostly it's just a good yarn. At one crucial point, however, Ketcham might as well be ghost-writing the Giuca petition when he writes of the new evidence:
The law is clear: John Giuca, based on the evidence secretly gathered by his mother—along with other discrepancies in witness testimony—may very well be entitled to a new trial. Even if Allo didn’t understand the questions during voir dire of a connection to Giuca, under his oath as a juror he was obliged, once their intersecting circles became apparent, to inform the court of this conflict.
We shall see. But, assuming that favorable publicity is part of the gambit by Giuliano and her son's legal team, it's working. The Times' Kareen Fahim tells the story in this front-pager today, adding the juicy development that Fahim broke the news to Allo that the woman he befriended was actually the mother of the defendant in the case he served on. The response from the tabs so far is less enthusiastic -- just this perfunctory piece in the Daily News by Dave Goldiner, which quotes liberally from the Vanity Fair story but doesn't break any new ground.
Can a defense-friendly preview help win a post-conviction argument? I wouldn't bet on it. But one thing's for sure: It's bound to win a screenplay option for Ketcham and Giuliano.
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Posted at 07:07 AM
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| WSJ spots gun angle in pardons-story folo |
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| The Wall Street Journal |
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| Sun, November 30, 2008 |
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Amir Efrati uses a reporter's nose, and shoe leather, to document a pattern among many of last week's recipients of presidential pardons. He writes in Friday's Wall Street Journal:
On the surface, the list of the 14 people pardoned by the president this week shows few common denominators in terms of time served, geographic location or even type of crime, except that the felonies were non-violent. But a closer look at some of the newly pardoned shows many of them are church-going, blue-collar workers from rural areas (and ardent Bush supporters) who had little trouble finding jobs after their convictions. There is another common thread: the important role firearms once played in their lives.
I appreciate the story's factual, nonjudgmental tone. It would be easy to let advocates on either side of the gun-rights debate hijack this story for a policy fight. Instead, Efrati simply tells the story of people who sought and won a pardon, documenting (though their letters and quotes) how they sought to restore their right to possess guns. He explains how state laws affect some post-conviction rights, but that gun possession depends on a federal pardon. I'm left a bit confused on why federal law preempts state law in this area. And the story avoids altogether another useful side trip into the looming court battles over restrictions on convicted felons' gun possession. But those are minor quibbles about an otherwise excellent backstory. (Via Sentencing Law and Policy)
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Posted at 04:27 PM
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