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The mayor of Racine, Wis., has been accused of attempting to sexually assault a child and possessing child pornography.

The state Department of Justice says Mayor Gary Becker was arrested Tuesday night at a Brookfield mall on tentative charges of attempted second-degree sexual assault of a child, child enticement and possession of child pornography. Other allegations include exposing a child to harmful materials, using of a computer to facilitate a child sex crime and misconduct in public office.

Racine County District Attorney Michael Nieskes says he expects to file formal charges late Wednesday or Thursday.

Becker was held Wednesday in the Kenosha County Jail on a $165,000 cash bond.

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A cigarette maker and a smoker’s widow squared off at the Supreme Court on Wednesday for the third time over a $79.5 million punitive damages award, but the real battle was between the justices and their counterparts on Oregon’s high court.

Twice before, the Supreme Court has struck down the judgment against Altria Group Inc.’s Philip Morris USA and ordered the Oregon court to take another look at the case. Each time, the Oregon high court has upheld the award to Mayola Williams, the widow of a longtime smoker of Philip Morris’ Marlboro brand.

In its latest appeal, Philip Morris contended the Oregon judges were essentially thumbing their noses at the Supreme Court. “We’re here today because the Oregon court failed to follow this court’s decision,” Philip Morris’ lawyer, Stephen Shapiro, told the justices.

Justice Stephen Breyer, who sided with Philip Morris in its last round, was more skeptical of the cigarette maker’s arguments Wednesday.

At first, Breyer said, “I thought this was a runaround. I’m not sure I think that now.”

At the same time, however, the justices worried that state courts could ignore Supreme Court rulings on constitutional issues.

“How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?” Justice David Souter asked.

Robert Peck, Williams’ lawyer, tried to allay the concern. “There was no sandbagging here,” Peck said. “The Oregon Supreme Court did not act in bad faith.”

In September, Texas judge Charlie Baird sentenced a woman to ten years’ probation for injury to a child by omission. The woman, twenty-year-old Felicia Salazar, admitted that she had failed to protect her 19-month-old child from a brutal beating by the child’s father, Robert Alvarado, and that she had failed to seek medical care for the child’s injuries, which included broken bones. In addition to other, more ordinary probation conditions (including 100 hours of community service and psychological counseling), the judge ordered Salazar not to conceive and bear a child while on probation.

Notwithstanding the case law recognizing a fundamental right to determine one’s reproductive life, Judge Baird asserted that this unusual probation condition was an appropriate one. He explained, first, that the law gives him a great deal of discretion to set any reasonable probation condition. Second, he stated that he could unquestionably have sentenced Salazar to a prison term, during which she would not have been able to reproduce. Therefore, he suggested, he had effectively imposed a less severe version of what would have been a permissible prison sentence by ordering the probationer not to have a child.

Before assessing the constitutional legitimacy of the probation condition imposed, it is useful to take a closer look at the judge’s own arguments. First, though Texas law does give a judge considerable discretion in setting conditions of probation, this fact does not relieve him of the obligation to obey the dictates of the U.S. Constitution. If one may not deprive a person of her right to procreate as punishment for a crime, then a judge who does so has violated the law, regardless of what Texas statutes purport to authorize.

Second, on the question of Salazar’s not being able to procreate inside a prison anyway, such an argument may prove too much. There are many things that one cannot do inside a prison – including organizing a rally to protest an unfair law – that do not thereby become fair game as a probation condition.

The inability to procreate in prison is, to some degree, an incidental byproduct of confinement. To make it, instead, a deliberate and targeted intervention in an otherwise free person’s life is quite a different matter. Indeed, the death penalty incidentally eliminates a condemned person’s ability to do anything, once dead, but this does not mean that every deprivation that falls short of death (including compelled fasting, the removal of limbs, or a refusal to permit any expression of ideas) is necessarily acceptable.

The judge’s assumptions about his authority to prohibit Salazar from conceiving a child are therefore questionable. Nonetheless, we might ask, should a judge be able to order a person not to conceive?

Firm finances are getting a lot more scrutiny this year — including from potential lateral partners.

In good times, candidates tended to focus more on practice fit and compensation. Now they are asking more specific questions about the financial history, equity levels, borrowing habits and financing plans of the firms they are considering. And they are posing them earlier in the process, hiring partners and recruiters say.

Equity partners, in particular, have a lot at stake. That goes double in troubled times.

Former Heller Ehrman partner Michael Charlson, now at Hogan & Hartson, said he expects he and a number of Heller partners will lose between $400,000 and $500,000 in capital because the firm imploded this fall. On top of that, they won’t see any profit distributions that may have come at year’s end. The professional, personal and financial dislocation “was huge,” Charlson said, and he would not want to repeat it.

So finance questions were at the top of the agenda for Charlson, who said he interviewed with a handful of firms. “I’d be crazy not to ask,” he said. “You’re making a major investment — for most people it’s the largest except maybe their home — and the notion that you would do a little due diligence on the firm I don’t think is particularly surprising.”

Concern among lateral candidates has grown over the course of this year along with the increasingly shrill headlines from Wall Street and around the globe. Jones Day partner Joe Sims, who’s been hiring laterals on the West Coast since the summer of 2006, said that he saw a significant shift in attitudes in the early spring of this year, in tandem with the first signs of concern cropping up about Heller and other firms. Through the summer and fall, when the general economy took a sharper turn for the worse, people really started to home in on finances, he said.

“I’m seeing it from everybody,” he said. “I don’t have a conversation with a potential lateral partner where that subject doesn’t come up.”

Southern California legal recruiter Valerie Fontaine said it’s even more important to bring up now, because firms that didn’t appear vulnerable in good times have gone under. “We learned this lesson with Brobeck,” she said, referring to the 500-plus-lawyer firm whose fortunes rose and fell with the tech boom and bust before it dissolved in 2003. Fontaine said that her firm, Seltzer Fontaine Beckwith, has always asked clients to provide finance details and counseled candidates to ask whether and how retirement is funded, what the leases are and what the credit line is used for. Most law firm clients have been happy to oblige, she said.

Reed Smith partner Jack Nelson said that a couple of years ago, interviewees asked for a description of the capital requirements and a summary of the firm’s borrowing positions, including term debt. Now, candidates want to know more about leases, personal liability and the firm’s plans for capital and debt, “something that you rarely heard a couple of years ago,” he said. And they want to know that information earlier, long before an offer has been made, Nelson said. Today’s laterals seem to be using the information to weed firms out of consideration, rather than to make a final decision on a particular firm.

Pillsbury Winthrop Shaw Pittman Chairman James Rishwain Jr. agreed that in previous years, a firm’s overall health wasn’t front and center: Candidates tended to focus more on potential earnings, equity buy-ins and bonus structures, Rishwain said in an e-mail.

“But now all candidates, including those who may be coming from troubled firms, are being particularly cautious and delving deeper than ever before to ensure they are joining a firm on solid financial ground,” he said.