Legal News for Thurs 9/19 - Compton Courthouses in Shambles, Golden Gate Law School Stays Closed, Esper to Squire Patton, Senate Dems Hope for GOP Cooperation for Judicial Nominees and Apple EU Probs

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This Day in Legal History: Lord Haw-Haw Sentenced to Hang

On September 19, 1945, William Joyce, infamously known as "Lord Haw-Haw," was sentenced to death by a British court for treason. Joyce, an American-born British subject, became notorious for his English-language radio broadcasts during World War II, where he spread Nazi propaganda designed to demoralize Allied forces and sway public opinion. His broadcasts, aired from Germany, ridiculed Britain and encouraged defeatism, earning him the mocking nickname "Lord Haw-Haw" due to his affected, sneering tone.

Interestingly, before aligning with Nazi Germany, Joyce had served as an informant for the British government on Irish Republican Army (IRA) activities. In the 1920s, Joyce had strong anti-communist and anti-Irish Republican sentiments, and his knowledge of far-right politics in the U.K. led him to assist British authorities in monitoring IRA movements. However, his extreme right-wing views eventually drew him to fascism, and by the late 1930s, he joined Oswald Mosley's British Union of Fascists before fleeing to Germany at the onset of World War II.

The nickname "Lord Haw-Haw" was coined by British journalist Jonah Barrington in reference to the exaggerated aristocratic accent of an anonymous broadcaster. Though it initially referred to another German propagandist, the label stuck to Joyce, who became the most infamous voice behind Nazi broadcasts. His broadcasts, filled with mockery of the British government and predictions of their downfall, made him a household name in Britain, and the face of enemy propaganda. Despite his American birth, Joyce's use of a British passport for his travels was enough for the court to convict him of treason. His execution in January 1946 marked the end of one of the most infamous figures of wartime propaganda.

The Compton Courthouse in Los Angeles suffered two major floods in January 2024, caused by burst water valves, resulting in closures and significant disruptions to court operations. Nearly 5,000 cases were impacted, and emergency repairs cost California almost $2.6 million. This courthouse, along with many others in L.A. County, is deteriorating due to a "run to failure" maintenance approach, where repairs are made only after systems break. Budget constraints have forced the California Judicial Council to prioritize only critical repairs, leaving many courthouses vulnerable to failure. Compton is a "medium priority" for repairs, raising concerns about more urgent locations, such as the Clara Shortridge Foltz Criminal Justice Center, which has also faced severe plumbing and hazardous material issues.

Los Angeles has 36 courthouses, many of which are well past their 50-year lifespans, and costly maintenance bills continue to rise. The challenges are compounded by seismic safety risks, as many of these buildings are not built to withstand earthquakes, presenting a significant danger to the public. Renovation and replacement of courthouses are progressing slowly, with only a few new facilities funded each year. Experts suggest modernizing courthouse designs and incorporating technology to reduce the need for large, outdated structures. However, without substantial investment, L.A.’s court infrastructure remains vulnerable to both natural disasters and everyday wear and tear.

L.A. Courthouses Crumble With ‘Run to Failure’ Maintenance

Second indoor flood causes Compton Courthouse to close until further notice

COMPTON COURTHOUSE CLOSED FOR THE NEXT SEVERAL DAYS DUE TO ADDITIONAL FLOODING ISSUES AFFECTING ELEVATORS AND LOBB

Also in California legal news, a judge has denied a request to reopen Golden Gate University’s law school, which closed after 123 years of operation. California Superior Court Judge Richard Ulmer ruled against the plaintiffs, a group of former students and alumni, who had sought an injunction to reinstate the school. The plaintiffs had sued for breach of contract, claiming the university kept students in the dark about its financial struggles before announcing the closure.

Golden Gate University cited declining enrollment, poor bar exam pass rates, and a weak job market as reasons for shutting down its law program. While most of the affected students have transferred to other American Bar Association-accredited schools, such as the University of San Francisco School of Law and Mitchell Hamline School of Law, the plaintiffs argue that the school failed to provide adequate transfer options.

Although the school will not reopen, the plaintiffs can still pursue monetary damages for claims such as breach of contract and false advertising. A hearing is scheduled for October 22 to determine whether their case will proceed. Golden Gate Law is the latest in a series of law schools nationwide facing closures due to similar challenges.

California judge rejects bid to reopen 123-year-old law school | Reuters

Mark Esper, former U.S. Secretary of Defense, joined Squire Patton Boggs as a part-time senior adviser, where he will focus on advising clients on national security and foreign policy. Although Esper has extensive experience in government and previously worked for defense contractor Raytheon, he will not lobby for the firm's clients in Congress or executive branch agencies. His role will leverage his public policy expertise from over 30 years in high-level government positions.

Esper’s move comes after his public break with Donald Trump in 2020, particularly over disagreements about invoking the Insurrection Act during protests following George Floyd’s murder. He has since emerged as a critic of Trump, calling him a “threat to democracy” while also critiquing President Biden. While at Squire Patton Boggs, Esper will continue his work with venture capital firm Red Cell Partners and European think tank GLOBSEC.

The firm views Esper’s hire as a key step toward becoming a leader in national security advisory services. His work is expected to focus more on helping multinational corporations navigate the intersection of economic policy and national security rather than direct governmental advocacy.

Trump Defense Secretary Esper Joins Squire Patton Boggs

Ex-Trump defense secretary Esper joins law firm Squire Patton Boggs | Reuters

Senate Democrats are working to strike a deal with Republicans to confirm a backlog of President Biden’s judicial nominees before the end of the year. Senate Judiciary Chair Dick Durbin is hopeful that Republicans will agree to a package of nominees, a practice that was more common in less partisan times. With the Senate's slim Democratic majority, confirmations have been challenging, particularly for nominees like Rebecca Pennell and Mustafa Kasubhai, whose votes were delayed due to attendance issues and GOP opposition.

Some nominees, such as Charnelle Bjelkengren, faced significant hurdles, with Bjelkengren withdrawing earlier this year due to a failed confirmation hearing. Kasubhai, who is still awaiting a vote, has been scrutinized by Republicans over his stance on diversity and past writings. Additionally, Democrats have faced internal opposition, with key senators refusing to support Adeel Mangi’s nomination due to allegations of affiliations with controversial groups. The Senate faces a tight deadline, with a limited five-week "lame duck" session following the upcoming election recess, during which they must juggle these nominations alongside other legislative priorities.

Democrats Look to Strike Deal With Republicans on Judicial Picks

EU antitrust regulators have initiated proceedings to ensure Apple complies with the Digital Markets Act (DMA), which requires the company to open its closed ecosystem to rivals. The European Commission aims to clarify what Apple must do to meet its obligations, focusing on iOS interoperability for devices like smartwatches, headphones, and VR headsets, as well as how Apple handles third-party and developer requests for connectivity. The Commission expects to finalize the guidelines within six months, with Apple at risk of fines up to 10% of its annual global turnover if it fails to comply. Apple has expressed willingness to cooperate but warned that opening its systems could expose users to security risks.

EU antitrust regulators tell Apple how to comply with tech rules | Reuters

And something of a double-dip in the Apple news bowl, in a piece I wrote for Forbes I spoke about the European Union’s recent win in a legal battle requiring Ireland to collect €13 billion in unpaid taxes from Apple–a significant victory in the fight against multinational tax avoidance. Although the EU's highest court upheld the decision, Ireland remains reluctant to claim the windfall, as doing so could threaten its status as a low-tax haven that attracts large corporations. Ireland had argued, alongside Apple, that the taxes were not owed, reflecting its desire to maintain control over its tax policies.

This case highlights the tension between national tax sovereignty and EU regulations aimed at curbing unfair competition through favorable tax deals. While the EU can force Ireland to reclaim the unpaid taxes, it cannot dictate how the country spends the money, leaving the Irish government with a difficult decision. Ireland’s low corporate tax rate has been key to its economic growth, but the Apple ruling could have global ramifications as more countries adopt minimum tax frameworks to address tax avoidance by multinational corporations.

The case underscores broader issues in international tax law, as countries like Luxembourg and the Netherlands, also known for favorable tax policies, may face similar pressures. While Ireland is legally obligated to collect the money, its cautious approach reflects a concern about maintaining its attractiveness to global businesses. The funds remain in escrow, and Ireland has yet to reveal how it plans to utilize the money, which is equivalent to 2.43% of its GDP.

You Can Give Ireland Tax Revenue—But Can You Make Ireland Spend It?

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