Chronicling the high cost of our legal system
From the monthly archives:
The EPA has finally backed off its contention that dairy operations need to construct elaborate retention structures to prevent milk spills, even though (to cite its previous logic) milk contains oils and thus could be considered an “oil discharge.” ["Spill Prevention, Control, and Countermeasure (SPCC) Rule and Milk," EPA, reporting on April 12 move; earlier here and here]
{ 1 comment }
Dangerous, far-reaching web-accessibility proposals haven’t gone away. [Kelly L. Frey Sr. and Shameak Belvitt, Law.com]
{ 8 comments }
Kembrew McLeod: “it [licensing] gets way more complicated when you start sampling songs that contain samples, which is increasingly the case today.” [Atlantic Wire via TechDirt]
{ 6 comments }
{ 4 comments }
A point I make in Schools for Misrule: in part through accreditation rules, law schools are artificially pressured to channel faculty energy into published scholarly work, despite evidence that much of it will be little read or consulted [Richard Neumann/NLJ via Paul Caron, Kenneth Anderson, Volokh, Scott Greenfield]
{ 8 comments }
Loser-pays, long the law in Alaska, is stirring significant interest in Texas these days. Ryan Brennan of TPPF makes a case for the reform [PDF] and discusses some of the choices involved in structuring it.
P.S. Tracking for S.B. 13 and H.B. 274. And more on pending Texas omnibus liability reform legislation from Texans for Lawsuit Reform and its Balance Texas Courts project.
{ 2 comments }
If it turns out they’re right, will there be someone we can sue? [Oliver; more on government's tendency to expose the public to risk]
{ 6 comments }
It’s practically a meme: last week I pointed out at Cato at Liberty that the real estate tycoon liked to use lawyers to push others around, and now Peter Stone of the Center for Public Integrity quotes me in the course of an article documenting Trump’s very frequent resort to litigation in his business and public affairs.
“If he’s taken seriously as a candidate it’s going to be appropriate to look at his record of litigation,” conservative legal scholar Walter Olson of the Cato Institute told iWatch News . He said a big question will be “how consistent is [Trump’s record] with the Republican idea that litigation should be a last resort and not a weapon for tactical advantage.”
Atlantic Wire and Ben Smith at Politico discuss.
{ 2 comments }
It only took Charlie Crist a few months, and was no particular surprise given his record in office [Daily Caller, WSJ Law Blog]. More: Turkewitz.
{ 3 comments }
By a mostly partisan vote of 50 to 44, the U.S. Senate confirmed Rhode Island plaintiff’s lawyer and political kingmaker Jack McConnell to a federal district judgeship. McConnell made his Motley Rice law firm, based in South Carolina, into Rhode Island’s biggest political donor during the same period that state officials were hiring him to run, on contingency fee, what it was hoped would be a hugely lucrative suit against former makers of lead paint. The Motley firm, with associated law firms, is credited with having made billions from tobacco and asbestos litigation and has recycled large sums into the campaign coffers of state attorneys general and other friendly politicians. [Daily Caller, Plains Daily (North Dakota contributions), Politico, ShopFloor] Earlier here, here, here, etc.
{ 1 comment }
Pruett Nance was hurt riding an all-terrain vehicle on the grounds of a no-longer-operating theme park in Arkansas, Dogpatch USA. The owners having not paid a $650,000 judgment, a judge has awarded Nance ownership of the park. [Arkansas Online via Childs, TortsProf]
{ 6 comments }
They’re suing Facebook for allowing minors to “like” products without parental permission, and Twitter over its alleged sending of confirmatory “we won’t send you any more texts” texts.
{ 4 comments }
At his Chronicle of Higher Education blog, Peter Wood of the National Association of Scholars takes a look at ideologically adventurous law school clinics and has this to say along the way (another version):
The hard-left politicization of law schools is surely the larger matter. Walter Olson’s new book, Schools for Misrule: Legal Academia and an Overlawyered America, covers the matter so well that I don’t see much to add.
Hudson Institute scholar Tevi Troy interviewed me 
for the New Books in Public Policy podcast series and you can listen to the results here. Also online now is my appearance on Ronn Owens’ San Francisco-based radio show last month. And this recent Nielsen roundup of Hardcover Law bestsellers had Schools for Misrule at #9, down from #8 the week before.
Well, then, FDA, just don’t consume any of it (h/t), rather than conducting year-long stings on Amish farmers to keep others from doing so.
{ 14 comments }
“Some lawmakers in Albany want a state law to prohibit doctors from wearing neckties in hospitals.” They cite a study showing that infectious bacteria might be “carried on ties and other loose-fitting clothing.” [AP/WHEC] More: Scott Greenfield.
{ 26 comments }
“A judge [last week] threw out a lawsuit filed by a Duluth physician who said he was defamed by a man who publicly criticized his bedside manner.” [Grand Forks Herald, earlier] More: Heller, OnPoint News.
{ 6 comments }
An opinion from New York’s highest court last month begins as follows:
Petitioner, a New York City police officer, retired in 2004 and was awarded accident disability benefits. In the following years, the police department received information indicating that petitioner was not disabled; that he had made false representations to the Pension Fund; and that he had ingested cocaine, thus becoming ineligible to return to duty. The City, understandably, claims that it should not have to continue paying him a pension.
Under New York law, however, the City is wrong, the court reluctantly concludes. Meanwhile (via Philip Howard’s Common Good) a New York law forbidding the closure of a unionized facility without a year’s notice has meant that a disused juvenile detention center upstate is being kept going with no clients: New York Gov. Andrew Cuomo says “We’re paying 30 staff people to baby-sit an empty building,” and calls it “bizarre.” And another state law requires that school districts field buses with capacity to seat every eligible child every day, which means that in districts like Port Washington, L.I., where many eligible children come to school by other means, buses routinely travel half full, at an unneeded cost the Port Washington superintendent estimates at $2 million a year.
{ 1 comment }
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.