In addition to liability and safety fears, the Americans with Disabilities Act turns out to play a role in the decline of swing sets at public playgrounds: it seems the least expensive way to make a swing set safer is to surround it with sand, but sand is considered a non-accessible surface for wheelchairs which makes it suspect under the ADA. (Scott Simonson, “Safety rules retiring playground standby”, Arizona Daily Star, Sept. 7). See Mar. 28, Aug. 23, etc.
Chronicling the high cost of our legal system
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Point of Law- In Congress, promoting the return of notice pleadingsRep. Jerrold Nadler (D-NY) has introduced H.R. 4115, the Open Access to Courts Act of 2009, to restore notice pleadings, i.e., the status quo ante Twombly and Iqbal. Nadler's news release announced the bill, "Nadler, Johnson, and Conyers Introduce Bill... […]Carter Wood
- "'Sick Leave' Mandates We Can Ill Afford"Diana Furchtgott-Roth warns of another labor-backed bill gathering steam in Congress. Earlier here and here.... […]Walter Olson
- "Jury rejects prosecutor's rigged game"Our own Marie Gryphon on the Bear Stearns acquittals.... […]Walter Olson
- AP poll: most favor limiting med-mal awardsA "new Associated Press poll says most Americans support curbs on medical malpractice lawsuits. The AP poll found that 54 percent favor making it harder to sue doctors and hospitals for mistakes taking care of patients, while 32 percent are... […]Walter Olson
- Around the web, November 20Moving beyond judicial elections? Chamber's Institute for Legal Reform has a new report out (PDF) on the subject of "Best Practices in Judicial Merit Selection" More: Gavel Grab. Earlier: here, here, etc. Latest from the Jury Verdict Research people:... […]Walter Olson
- In Congress, promoting the return of notice pleadings
- Volokh
- Palin, Ignorance, and Stupidity RevisitedLongtime readers may recall that I was initially positive about Sarah Palin because her record was much more libertarian than that of most other major national politicians. Later, I had to reassess my view of Palin, as her ignorance of many important policy issues became apparent. But I also emphasized that ignorance is not [...] […]Ilya Somin
- How Common is the Socratic Method?In a recent post, Orin expresses doubts about whether the “traditional” form of the Socratic method is still used in many law schools. If by “traditional form” he means something like what is portrayed in The Paper Chase, I agree that not many use it. Very few lawprofs are as obnoxious as the mythical Professor [...] […]Ilya Somin
- President Obama is not a jihadiA local controversy here in Colorado involves an auto dealer who used the billboard on his property to ask the question ““PRESIDENT or JIHAD?” The rest of the billboard attempts (not very successfully in my view) to connect this question to the issue of Obama’s birth certificate. Last night I was briefly interviewed about the [...] […]David Kopel
- How Common is the Socratic Method in Law Schools Today?In a post below, Ilya writes: The traditional law school reliance on the the Socratic method, which I criticized on other grounds in this series of posts, is part of the problem. Many professors and students assume that it is the only correct way of teaching law classes, especially large intro courses, and therefore don’t bother [...] […]Orin Kerr
- NYT on Hacked Climate E-Mails Jonathan H. Adler
- Palin, Ignorance, and Stupidity Revisited
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