This week the traveling carnival of law-related posts is hosted by Ron Coleman at Likelihood of Confusion.
From the monthly archives:
September 2010
Is it imperiled by a recent Supreme Court decision? A paper to be presented at the Cato Institute’s Sept. 16 Constitution Day conference looks into the question. [Josh Wright, Truth on the Market; date now fixed]
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Famed for playing (among others) the tough Nanny McPhee, the actress has this to say (BabyCenter interview via FreeRangeKids):
I think it’s good to be brave because then you’re also slightly more able to cope with failure and failure of course is your best friend in every regard really. Children are brave and they’re more likely to take risks and they’re more likely to learn really important lessons.
That’s really what I mean by being brave, you know. That we take care of our children very carefully and that’s absolutely right, but in certainly my culture children are being so, I think, stifled by sort of health and safety so that they’re not climbing trees anymore, they’re not taking risks, physical risks anymore.
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“Ahern may look at higher ATM fees after €300,000 robbery and kidnap” [Irish Times]
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Should the North Carolina tax department really behave as if it regards them as that? [Patrick at Popehat]
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No disrespect to any actual dentists intended, honest. It’s just an example (from Eric Goldman) from an article on the proliferation of suits charging online defamation. “‘It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet,’ said Sandra Baron, executive director of the Media Law Resource Center in New York.” [L.A. Times]
P.S.: “A Duluth physician is suing the son of a former patient for publicly criticizing his bedside manner.” [Duluth News Tribune via Citizen Media Law, McKee v. Laurion]
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- TSA asserts security-line authority against … suspected embezzlers? [Coyote, Ken at Popehat]
- “How the Next Hurricane Could Bankrupt Florida” [Eli Lehrer, Frum Forum]
- In Yahoo settlement “vast majority of the class gets nothing” [Frith, Cal Civil Justice]
- Royal road to legal riches: work for the federal prosecutor in Manhattan [David Zaring, Conglomerate]
- Taxpayers, get ready to bail out union pension plans [The Lid]
- Japan moving closer to U.S.-style securities litigation? [D&O Diary]
- “Is the Contemporary Supreme Court Really That Conservative?” [Bartels, ConcurOp]
- “EEOC encourages anonymous harassment complaints” [eleven years ago at Overlawyered]
What were they drinking when they came up with this idea? “The fact is that the current cocktail renaissance is coming about because, rather than despite, the fact that cocktail recipes are easily shared and remixed.” [Felix Salmon]
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In Cabell County, West Virginia, “in part because of lawsuits over injuries.” [AP] More: Investor’s Business Daily (editorial). Another view: Eric Turkewitz.
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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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- Florida AG probes foreclosure lawyers [Neil, ABA Journal; related, Mother Jones]
- “ABA Ponders Accrediting Offshore Law Schools” [Mystal, AtL]
- DC pressured states to mount those signs heralding stimulus projects [Tad DeHaven, Cato "Downsizing the Federal Government"]
- “Epidemiologist Fired for Reporting Unhelpful Results” [Sullum, Reason "Hit and Run", update]
- Critique of barber licensing crosses ideological lines [Tabarrok]
- “Oops! Cheerleader sued wrong company” [Fox Sports]
- “Trial Lawyer: Raise an ‘Army’ to Pressure Ecuadorian Court” in Chevron case [ShopFloor] Parallels between Chevron-Ecuador & Dole-Nicaragua litigation episodes [California Civil Justice channeling sub-only Recorder]
- “Access suit closes landmark California eatery” [105-year-old On Lock Sam in Stockton; seven years ago on Overlawyered]
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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]
