We Own the Night: A disappointing 'Departed' follow

We Own the Night shot itself in the foot when it came up with such a great trailer. It set a high standard I didn't expect it to reach, and then it doesn't even come close.
We Own the Night, taken from the motto of the New York Police Department during the drug wars in the 1980s as they struggled to take back the street, follows a family of three men. Joaquin Pheonix (Walk the Line) is a New York night club manager who turns a blind eye to the drug dealing going on in his club. Mark Walberg (The Departed) is his brother and the head of a new drug task force. Robert Duvall is the police chief, their father. As Walberg busts the drug dealers in Pheonix's club, the dealers trust Pheonix enough to let him in on the action. Naturally, Pheonix has some reservations about putting prices on his family's lives. Undercover police playing both sides? Might as well have called it The Departed 2: The Brothers.
The tagline for this movie is "Two Brothers on opposite sides of the law." The tagline doesn't fit. Pheonix's character has almost no trouble making up his mind to get a wire, while the entire time, each side is merely fighting for the sake of killing the others and getting their opponents to fear them (which never happens).
One scene sticks out in displaying this problem in the film. Eva Mendes, who is seriously under-used in this film, yells at her boyfriend, Pheonix, telling him his cops die for nothing. Pheonix yells back at her to never say that, but doesn't say why. Could it be the writer's didn't have any reasons? No where do they mention the damages done by the drug trade or how it helps the community, only that the cops have something to prove and their own lives to protect.
The movie also carries logical flaws. Pheonix's character simply has his name changed, and all of a sudden his entire hometown doesn't know who his father and brother are? Too easy. I'm sure if I changed my name, it wouldn't lose my reputation that quickly.
Also, when the bad guys are going after certain cops, and the cops know it, you would think they would carry more protection. Too easily are they shot or killed, when the drama of the situation calls for a bigger fight.
The movie is not without its better moments. Although it seriously disappoints compared to The Departed, it does offer some (however small) character development more than the Departed. The movie focuses on the risks involved in being undercover, where Pheonix doesn't have nerves of steel and we are all too aware the dangers around him. No one manages to merely get away, but always barely get out or is carried off with plenty of scars. They exchanged the quick shots to the head in The Departed for cold brutality, and it works in building the suspense and moments, keeping it more realistic.
Is it entertaining? Yes, but I am left with the question if cop shows aren't? Would I get more drama and cops with better reasons for their actions if I rented a season of "NYPD Blue?"
Is it for everyone? Yes. The drama aspect, however shallow, opens it up for plenty, making the action more gripping for action and drama fans.
Is it memorable? No. The Departed overshadows this movie too much, and the idea is far from original. It suffers here tremedously as I think seeing it again would be very boring.
My suggestions? Go buy the Departed or wait for American Gangster (aka The Departed 3: The Race Factor).