September 2 roundup

by Walter Olson on September 2, 2010

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I’m a guest on tonight’s John Stossel program on the Fox Business Network, on the subject of the consequences of the Americans with Disabilities Act (ADA). The show was shot live to tape yesterday in New York and was fascinating throughout; even those who think they know this subject well will learn a lot. I’m also quoted in John’s latest syndicated column on the same issue.

Among the highlights of the taping: a disabled-rights lobbyist defended several extreme applications of the law, including the notion that it might be appropriate to force networks to hire someone who suffers from stuttering as on-air television talent. We also shed some light on the state of California’s up-to-$4,000-a-violation bounty system for freelancers who identify ADA violations in Main Street businesses, and the case for at least requiring complainants to give business owners notice and an opportunity to fix an ADA violation before suing. (The disabled-rights lobby has managed to stifle that proposal in Congress for years.) Also mentioned: the suit against the Chipotle restaurant chain recently covered in this space.

Other recent coverage of the ADA here and here (cross-posted from Cato at Liberty). More: Amy Alkon notes some New York City examples from a commenter.

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Now see if you can guess how one man has managed to play the system given that generous policy [Tyler Cowen]

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Jon Hyman at Ohio Employment Law spots a potentially significant ruling, and has a followup.

P.S. The topic is also discussed on Thursday’s John Stossel show, with guests Katherine Mangu-Ward of Reason and Steve Lonegan of Americans for Prosperity.

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Forwarded by Pete Warden with the comment, “This post sums up why I’m a pretty liberal guy *and* a strong supporter of Overlawyered.”

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September 1 roundup

by Walter Olson on September 1, 2010

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Are they OK when lawyers do them? Such at least is the view attributed to one law school ethics expert [Daniel Fisher/Forbes]

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Imagine that: the court’s decision to strike down a duly enacted medical malpractice law was controversial enough that Justice Thomas Kilbride might actually have a retention fight on his hands. [Chicago Tribune]

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Paging Elizabeth Wurtzel! [Daniel Schwartz] More: Bainbridge.

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The suit argues that the student wasn’t given adequate warning that attaching electrical clamps to his nipples could be dangerous. Earlier reportage on the case quoted students who accused the teacher of encouraging horseplay and making light of the dangers of mild shocks; the teacher later resigned but did not face criminal charges. [Joey Cresta, Foster's Daily Democrat/Boston Herald (Dover, New Hampshire)] More: Lowering the Bar (”Nor am I buying the Mountain-Dew-enticement allegations.”)

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Woot.com has a daily offering today (may disappear tomorrow) discussing the CPSC policy on swallowable magnets in tones of less than complete respect.

Plus: How dangerous exactly is this loose-magnet toy that CPSC saw fit to recall? [Amend The CPSIA]

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August 31 roundup

by Walter Olson on August 31, 2010

  • Well, that solves that problem: International Criminal Court outlaws “aggression” [Jeremy Rabkin, Weekly Standard] One contrasting view [David Bosco, Foreign Policy]
  • “Attorney holds banks up to liability in ATM robberies” [Baldas, NLJ; Ted at PoL]
  • New report: litigation costs to California public schools run high [California Citizens Against Lawsuit Abuse, PDF]
  • “Plaintiffs Object to Deal in Anorexia Suit Claiming School Didn’t Prevent Fat Taunts” [ABA Journal]
  • Attention government contractors: “Your customer wants to see how much you make” [Hodak Value]
  • New Jersey med-mal reform advocates rally after state high court guts certificate-of-merit law [NJLRA, more]
  • SEPTA, the Philadelphia transit authority, files trademark action against personal injury law firm [Kennerly]
  • Chemicals devastating lobsters in the Northeast? Maybe not [Logomasini, CEI]

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A St. Louis chimney repairer’s recent run-in with the Occupational Safety and Health Administration (OSHA) illustrates some of the regulatory burdens that might be worsened by pending legislation that would greatly expand OSHA’s punitive powers. I explain at Cato at Liberty.

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It’s a story we’ve encountered before; in this case the taxpayers of Lucas County (Ohio) got to pick up the lawyer’s bill for representing poor clients. She’ll be suspended for a year. [Legal Profession Blog via ABA Journal] Carolyn Elefant at MyShingle isn’t buying one suggestion that the episode should be blamed on inadequate training in law practice management.

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August 30 roundup

by Walter Olson on August 30, 2010

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A California lawmaker targets a French railroad. [Coyote]

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The New York Post has been doing some investigative journalism on the Ground Zero workers respiratory compensation settlement (more on expense filings).

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“The widow of a July 7 suicide bomber yesterday launched a High Court bid to be represented at the victims’ inquest – saying she had also suffered the loss of a loved one in the atrocity. Hasina Patel, whose husband was terrorist mastermind Mohammad Sidique Khan, is seeking legal aid to challenge the coroner’s decision to exclude Khan’s death from the hearing for the 52 victims of the 2005 London bombings.” [Daily Mail via Amy Alkon]

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