Month: August 2023

OCI Don’t Know What I’m Doing

/ Michael Deere / Leave a comment

Toward the end of my first semester of law school, I began to hear whispers of ‘OCI’ and ‘biglaw.’ By the early part of my second semester, the whispers had grown to full-throated yelling. Big bad biglaw and the pressure cooker of 20-minute, all or nothing screener interviews. It sounded scary, at least to me. But then, I’d never heard of any of this before. Biglaw? OCI?

I lost track of it during the semester. I was focused on school, grades, and life in general. OCI was a long way away, and most importantly, it was after finals. And finals were the only thing I was allowing myself to be worried about. I learned fast in law school that you need to prioritize your worries. One worry at a time, and no cutting in line. I would worry about OCI when I started getting emails about it. Not before.

Then I started getting emails about it…

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Theft by Another Name: It’s Time To Fight Back Against Civil Forfeiture

/ BC Law Impact Guest Posts / Leave a comment

Third-year student Jillian Jacobson recently had an op-ed published in Newsweek Magazine. Check it out below!

3L student Jillian Jacobson

Rochester, New York, resident Cristal Starling was diligently saving money to turn her hot dog stand into a full-fledged food truck business when local police raided her home and confiscated her savings. The reason? Her then-boyfriend was suspected of dealing drugs. The agents found no evidence of her boyfriend’s alleged drug dealing, but they did find more than $8,000 of Starling’s hard-earned money—which they took and never returned to her, even after her then boyfriend was acquitted on all charges.

Like many other Americans, Starling is a victim of civil asset forfeiture, a practice that allows law enforcement agencies to seize personal property on the mere suspicion that it was involved in criminal activity. After a lengthy appeal, a federal appellate court in New York has given her a shot at getting her personal property back. In addition, the court set a more just standard for victims of civil forfeiture who attempt to regain their property. This is a big win—both for Starling and for other Americans whose property is unjustly seized every year.

Since 2000, the government has seized more than $68.8 billion from Americans through civil forfeiture. When law enforcement suspects personal property is connected to a criminal act—whether the property is cash, jewelry, a car, home, or business—the agency seizes it and a prosecutor later moves for the state to keep it permanently.

Read the rest of Jillian’s op-ed on Newsweek.com

In the Google Case, the Justice Department Continues to Help Companies, Not Consumers

/ BC Law Impact Guest Posts / Leave a comment

Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.

By Daniel Lyons

For almost three decades, President Joe Biden has built an image as a champion of everyday Americans. So it’s surprising to see his antitrust policy increasingly place companies, not consumers, at the center of its agenda. This shift is on full display in next month’s United States v. Google trial, which challenges Google’s position as the default search engine for smartphones and browsers. Two pretrial motions present an interesting question: If the defendant’s conduct improves the consumer’s experience, how should this factor into the court’s analysis of whether the conduct is anticompetitive?

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