From the monthly archives:

February 2011

Religion correspondent Mark Oppenheimer mentions this site and me in a finely drawn profile of Secular Right, the website I’m involved in (it launched in 2008) which explores the theme of a non-religiously-based conservatism. Oppenheimer interviewed at length two scintillating writers who contribute much of the site’s luster, Heather Mac Donald and Razib Khan. This passage amusingly captures the diversity of views among the SR principals:

The five bloggers are like the dramatis personae of a drawing-room comedy about irascible conservatives — written by Alan Bennett but set at the Heritage Foundation.

There’s the urban pragmatist (Ms. Mac Donald, who clerked for the liberal federal Judge Stephen Reinhardt but now writes conservative essays about homelessness and policing), the data-driven scientist (Mr. Khan), and the libertarian enthusiast for tort reform (Walter Olson, also founder of the blog Overlawyered).

The other two, I should add, are John Derbyshire and Andrew Stuttaford, both born in Great Britain and well known through their association with National Review, and both, like Khan and Mac Donald, exceptionally talented writers. The article is interesting throughout, and has already begun to provoke a variety of responses: Memeorandum, Dan Riehl (disapproving) with response from Razib Khan, Amy Alkon, Tyler Cowen, Ilya Somin, FrumForum, etc.

{ 1 comment }

Speaker line-up via Rick Woldenberg; opening statements by Reps. Mary Bono Mack (R-Calif.) and Fred Upton (R-Mich.); ABC News coverage; Republicans reportedly preparing legislation that would amend, but not repeal, the ill-conceived statute; a move to strip funding for the controversial product database.

A separate piece of legislation may address the law’s devastating effects on the sale of youth motorcycles, snowmobiles and all-terrain vehicles:

“The original legislation Congress passed was meant to keep kids safe from lead content in toys,” said Rep. Denny Rehberg (R-MT), who comes from a state where smaller recreational vehicles are popular. “Ironically, the overreaching enforcement wound up putting kids at risk by forcing them to use larger more dangerous machines that are intended only for adults.”

Rehberg’s “Kids Just Want to Ride” Act, which he introduced last month, has 41 co-sponsors, including seven Democrats. A similar bill in the last Congress garnered 70 co-sponsors, including 24 Democrats.

{ 2 comments }

A police officer in Davie, Fla. has been on paid leave for seven years. [Sun-Sentinel]

{ 3 comments }

Parents who volunteer at school won’t need to hold back until they’ve completed a police scan. [Free-Range Kids]

It’s long been known that the processes by which food is browned, whether in the frying pan, grill, rotisserie or stewpot, generate a variety of chemicals with alarmingly hard-to-pronounce names. David Oliver thinks the flap over 4-methylimidazole in the familiar cola ingredient, “caramel coloring,” is likely to go the same way as the flap over supposed cancer risk from acrylamide in French fries, potato chips and many other foods.

P.S. Per commenter Jerry, I’ve jumped to conclusions, and the “caramel coloring” found in sodas is generated by other chemical processes, not by caramelization.

{ 5 comments }

Turns out her dad is a lawyer who has filed class actions against other retailers over their coupon policies. [New York Post] Update: drops suit after flurry of press attention.

{ 5 comments }

The guy had reposted a photo belonging to the Denver Post, a newspaper that’s among the clients of the copyright-enforcement mill [Westword via Romenesko, USWGO]

{ 7 comments }

[cross-posted from Cato at Liberty]

The first copies of my new book Schools for Misrule: Legal Academia and an Overlawyered America are here from the printer, and I’ll be touring the country to promote it in coming weeks. Some highlights:

  • February 21. Bloomington, Ind. Indiana University Law School, sponsored by Federalist Society chapter.
  • February 22. Urbana-Champaign, Ill. University of Illinois School of Law, sponsored by Federalist Society chapter. Commenting will be Prof. Larry Ribstein.
  • March 3. Washington, D.C. Cato Institute Policy Forum. Commenting on the book will be the Hon. Douglas Ginsburg, U.S. Court of Appeals, and moderating will be Cato legal director Roger Pilon.
  • March 10. University of Minnesota, sponsored by Federalist Society chapter. Commenting will be Profs. Brad Clary and Oren Gross, and moderating will be Prof. Dale Carpenter.
  • March 16. New York, N.Y. Manhattan Institute luncheon (invitation). Commenting will be James Copland, Manhattan Institute.
  • March 22. Washington, D.C. Heritage Foundation forum. Commenting/moderating: Todd Gaziano, Heritage Foundation.
  • March 28. Boulder, Colo. University of Colorado School of Law, sponsored by Federalist Society chapter.
  • March 29. Laramie, Wyo. University of Wyoming School of Law, sponsored by Federalist Society chapter.
  • March 30. Sacramento, Calif. McGeorge School of Law, sponsored by Federalist Society chapter.
  • April 6. New York, N.Y. Manhattan Institute Young Leaders evening event (private).
  • April 7. Washington, D.C. American University Law School, sponsored by Federalist Society chapter.
  • April 13. Washington, D.C. Book club appearance (private).
  • April 27-29. Dallas, Tex. Heritage Foundation Resource Bank meeting (private).

Always check in advance with the hosting group for venues and exact times; some events open to the public require advance registration. The book’s official publication date is March 1, and copies should be arriving in the bookstores soon.

{ 2 comments }

February 17 roundup

by Walter Olson on February 17, 2011

Lawyers jump into action with multiple suits after the California Supreme Court decides it’s a violation of state consumer privacy law to ask customers for their zip code at the checkout. [L.A. Times, Recorder, WSJ Law Blog] Ira Stoll discusses the silliness of the purported consumer protection rationale. More: Coyote.

{ 16 comments }

What did law and lobbying firm Hunton & Williams know, and when did it know it, about subcontractor proposals to employ hardball and covert tactics against critics of Bank of America and the U.S. Chamber of Commerce, including in one instance what has been reported as “the identification of vulnerabilities in critics’ computer networks that might be exploited”? [Brad Wendel/Legal Ethics Forum, BLT, Above the Law] Per Above the Law, “Based on what we know now, it doesn’t seem like Hunton actually accepted or endorsed any of these tactics, nor does it seem that Bank of America or the Chamber of Commerce knew about or signed off on ‘Project Themis,’ protecting them from legal fall-out.” But if Hunton was in fact sure to greet the proposed tactics with shock and dismay, why had the subcontractors imagined that they would fall on welcoming ears?

{ 1 comment }

Sorry, craft brewers

by Walter Olson on February 16, 2011

In Oregon “all homemade alcoholic beverages must be consumed where they’re made,” so unless the law changes, beer and wine competitions and taste-offs aren’t going to be legal. [KATU]

{ 2 comments }

“Connecticut’s second-highest court ruled Monday that a man facing charges of arson of his East Lyme beach house can sue the home’s insurer for emotional distress because of the way the insurer investigated the fire.” [Hartford Courant]

{ 1 comment }

St. Louis Post-Dispatch: “The parents of a man fatally stabbed at the New Life Evangelistic Center homeless shelter in 2008 have filed wrongful death lawsuits against the center, saying the center did not provide adequate security.” Jeremy Dunlap was 21 years old when he was stabbed at the center by Robert Gamble, another homeless man who was convicted of murder. “We are saddened that the family would claim that we were negligent,” a church assistant said. “We are in the business of trying to help people that nobody else will help.”

{ 9 comments }

February 15 roundup

by Walter Olson on February 15, 2011

  • Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
  • The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
  • Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
  • Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
  • Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
  • How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
  • “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
  • Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]

{ 1 comment }

The department claims it was all a computer glitch and that everyone sent a ticket was a confirmed violator [WBAL via Josh Blackman]. Scott Greenfield has his doubts.

{ 6 comments }


Saturday Night Live has this lawyer-ad parody (via Lowering the Bar). Note the disturbing prevalence of coupon settlements. More on the troubled production from The Onion.

Daniel Fisher at Forbes has the latest on an unsurprising development in a story we’ve been following for a long time (e.g.). More: Roger Alford/Opinio Juris and more, Carter Wood/ShopFloor, Ashby Jones/WSJ Law Blog (with breakdown of verdict), more from Fisher. And: Carter Wood begins a 3-part series in the Examiner. And who’s more incurious about all the indicia of plaintiff misconduct in the case, BoingBoing or their average commenter?