Chronicling the high cost of our legal system
From the monthly archives:
After a video went viral showing a distracted shopper walking into a mall fountain, it’s not clear that much of anyone would have known that the blurry figure was Ms. Marrero. They know now, though, as her lawyer talks about holding someone “responsible” for the less-than-professional reaction of security, which included laughing and not going up to her to confirm that she wasn’t hurt. [Mediaite, Balasubramani, Salon, Popehat, MSNBC "Technolog", Mystal]
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A college student is suing a stripper-referral service, saying the assigned dancer engaged in an illegal act of prostitution with him but did not stay the full hour as promised. Proceeding pro se without a lawyer, the student “said he now needs medical treatment for a mental condition related to the incident.” When he complained to Las Vegas police about the incident, he says, they threatened to arrest him. He “said he also told the company he was incapable of making an informed agreement with the stripper because he was drunk at the time.” [Las Vegas Sun]
Attaching strings to its permission gives the Federal Communications Commission a way to fund social programs Congress would never, ever pass [Stoll, Future of Capitalism] More: Josh Wright, TotM, Mickey Kaus (”backdoor bilingualism”).
Some great pre-publication publicity for my book from the ABA Journal and reporter Debra Cassens Weiss, based on my postings in this space, the jacket copy and the podcast I did with Arin Greenwood for the Heartland Institute. The attention-arresting headline: “Book Argues Ideas Hatched in Law Schools Are ‘Catastrophically Bad for America’.” Read it here.
I’ve also been taping some audio and video interviews related to the book that will air closer to or after its February 15 publication date. They include John J. Miller’s “Between the Covers” audio podcast series on new books at National Review, and segments on Reason TV.
The law firm in question had sent a nastygram over a blog post that wasn’t even about their client, but merely combined the phrase “academic advantage” with (in comments) the word “scam.” Academic Advantage now says it has “severed its relationship” with the L.A. law firm involved. [California Watch, BoingBoing, earlier]
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Hoping to ride for free, 16-year-old Delvonte Tisdale stowed away in the landing gear of a US Airways flight but fell to his death in the Boston area. Now his family is suing, represented by Florida attorney Christopher Chestnut, who argues that the lad “should never have successfully gained access to that airplane. Had airport security been up to par, he would be alive and well with his family today.” [Boston Globe and more via TortsProf, BoingBoing]
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The maker of a 1950s-vintage kids’ toy is the latest target as the false-marking lawsuit wave continues [Pittsburgh Tribune-Review]
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The National Law Journal headline puts it this way: “Two firms seek up to $6.5M for work on settlement yielding shareholders no monetary benefit.”
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[cross-posted from Cato at Liberty]
I’m happy to report that my forthcoming book on bad ideas from the law schools, Schools for Misrule, just went off to the printer. Encounter Books commissioned a terrific jacket design (by Tamaye Perry) which you can preview here (PDF). Here’s the description from the book’s jacket:
Schools for Misrule: Legal Academia and an Overlawyered America
By Walter Olson
From Barack Obama (Harvard and Chicago) to Bill and Hillary Clinton (Yale), many of our national leaders today emerge from the rarefied air of the nation’s top law schools. The ideas taught there in one generation often wind up shaping national policy in the next.
The trouble is, as Walter Olson explains in this book, our elite law schools keep churning out ideas that are catastrophically bad for America. Rights to sue anyone over anything in class actions? Hatched in legal academia. Court orders mandating mass release of prison inmates? Ditto. The movement for slavery reparations? Court takeovers of school funding, at taxpayers’ expense? It’s not by coincidence, Olson argues, that these bad ideas all tend to confer more power on the law schools’ own graduates. In the overlawyered society that results, they are the ones who become the real rulers. And the worst is yet to come, the book demonstrates, as a fast-rising movement in the law schools demands that sovereignty over U.S. legal disputes be handed over to international law and transnational courts.
Some imagine that the law schools possess a finer, purer moral sensitivity than the everyday America outside their walls. (“Welcome to the Republic of Conscience!” Yale Law dean Harold Koh announced to incoming students.) But as this book shows, the pipe dream of training philosopher-monarchs not only leads to one policy disaster after another, but distracts law schools from the most useful function they can serve: training competent, ethical and suitably humble lawyers for tomorrow.
On the back of the jacket are wonderful blurbs from star law professor Randy Barnett of Georgetown (famous most recently for the ObamaCare court challenge), bestselling author and attorney Philip K. Howard (The Death of Common Sense), and perennial libertarian TV hero John Stossel.
You can pre-order the book at great prices from Amazon, Barnes & Noble, or your favorite bookseller. Publication date is February 15, so copies should arrive before you know it.
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Behind the menacing letter in question, apparently: a baffling failure to grasp the context in which the phrase “Academic Advantage” appeared on the popular blog.
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Attorney Michael Pines “admits to breaking into homes at least half a dozen times… leaving the clients [most famously baseball legend Lenny Dykstra] to squat in their homes while he defends their legal right to possession.” More in an L.A. Times profile:
Although Pines advises his clients not to pay their lenders, he wants to be paid.
“I tell my clients that if you’re living in a house for free, you should be able to afford to pay a lawyer,” Pines said, adding that he usually charges an hourly rate of $650.
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Ron Coleman wonders about a well-known cancer charity’s designs on phrases like “For a Cure” and the color pink. [Mike Masnick, TechDirt]
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Six years late, the online publication is throwing in the towel on a notorious venture into antiscientific claptrap by America’s Most Irresponsible Public Figure®, Robert F. Kennedy, Jr. Meanwhile, Carter at Point of Law reports that the newly civility-aware celebrity environmentalist will be headlining a “Progressive Voices Cruise” of the Caribbean that by total coincidence will also feature attorney Michael Papantonio, with whose Levin Papantonio injury-law firm the hothead scion has long been associated, a connection curiously absent from his current Wikipedia page and most other coverage (& welcome Jonathan Adler readers).
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“Two Houston adult entertainment clubs this week agreed to settle a federal age discrimination case with a former waitress who alleged younger, male managers called her ‘old’ and said she showed symptoms of memory loss. The owners of Centerfolds and Cover Girls agreed to pay $60,000 to Mary Bassi. She was 56 when she was fired in 2006 ‘without provocation or explanation,’ according to a lawsuit the U.S. Equal Employment Opportunity Commission filed on Bassi’s behalf.” [Houston Chronicle; earlier]
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A New Jersey proposal is shelved.
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Get your copy today! My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.
Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.