From the monthly archives:

September 2011

My newest Cato at Liberty post raises an eyebrow at some remarkably cynical calculations — who’s making them isn’t entirely clear — about a recent Obama administration backtrack on environmental initiatives (& welcome Neal Boortz readers). More: ShopFloor (Texas power plants).

Tomorrow morning at 10 a.m. Eastern I’ll be appearing at a Cato Institute “Liberty Briefing” for invited journalists and others to preview the Institute’s Constitution Day, which is Thursday, and to talk in particular about the U.S. Supreme Court’s approach to issues of civil litigation, including this year’s Wal-Mart v. Dukes case. My Cato colleague Trevor Burrus will be discussing court challenges to ObamaCare and its individual mandate, a topic likely to reach the high court before long. You can watch live online here.

Food law roundup

by Walter Olson on September 13, 2011

  • Feds fund Boston campaign bashing sweetened drinks [Globe; see also on NYC] More on ObamaCare “Public Health Fund” subsidies to local paternalist initiatives on diet [WLF]
  • Thanks to federal funding priorities, New York education department had 40 experts on school lunches, only one on science education [Frederick Hess via Stoll]
  • Grocers hope to escape federal menu labeling mandate [FDA Law Blog] How regulations exasperate midsize restaurant operators [Philip Klein, Wash. Examiner]
  • “The Eight Dumbest Restaurant Laws” [Zagat]
  • Proposed federal standards on kid food ads extreme enough that many USDA “healthy” recipes would flunk [Diane Katz, Heritage] Do FTC’s guidelines violate the First Amendment? [WSJ]
  • Compared with what? “Egg farm regulations still skimpy” [Stoll] Deer blamed for E. coli in pick-your-own strawberries [USA Today]
  • U.K.: Your kids are too fat so we’re taking them away [Daily Mail; earlier here, here, etc.]

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Orac at Respectful Insolence picks apart a proposal by journalist Brian Deer that has sparked discussion in the United Kingdom.

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To quote the court: Texas lawyer Evan Stone, mass-suing file-sharers and seeking to uncover their identities, “asked the Court to authorize sending subpoenas to the ISPs. The Court said ‘not yet.’ Stone sent the subpoenas anyway.” [ArsTechnica, Volokh]

New York: “A 290-pound diner claims the White Castle chain has violated the civil rights of its more sizable clientele by not following through on promises to make its tight booths bigger to accommodate their bellies.” [S.F. Chronicle]

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September 12 roundup

by Walter Olson on September 12, 2011

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The teenage girl’s family has now sued the Los Angeles Memorial Coliseum Commission, the event company Insomniac, a former events manager, and other parties alleging negligent staffing and supervision, inadequate security, slow emergency response and other deficiencies [L.A. Times]

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Let’s all panic over cross-contamination from BPA on store receipts, or maybe let’s not [Coyote]

Britain: “The government is to ban referral fees in personal injury claims in an attempt to curb the ‘compensation culture’. It says the current system in which personal injury details are sold on by insurance companies to lawyers has led to rising insurance costs.” [BBC]

Citing a Title IX complaint, the lawsuit claims that the university’s failure to crack down harder on male behavior was in part responsible for the sensational crime in which a fellow lab worker strangled the pharmacology student and stuffed her body into a wall. [Yale Daily News, Slate "XX Factor" (despite feminist sympathies, doubting basis for suit), New York Daily News] More: Scott Greenfield, Max Kennerly.

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Rewarding officiousness

by Walter Olson on September 10, 2011

A federal grant to the New Orleans Police Department “pays for overtime for officers who enforce seat-belt laws.” [NOLA.com via Balko]

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“White shoe” law firms

by Walter Olson on September 9, 2011

Dave Zincavage looks into the Prep School origins of that footwear choice (& welcome Above the Law readers).

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September 9 roundup

by Walter Olson on September 9, 2011

  • Not a parody: economics professor sets off debate on “ugly rights” with suggestion of making unattractiveness of appearance a protected discrimination-law category [Daniel Hamermesh/NYT, PoL, Eric Crampton, Jon Hyman] Apparently Niall Ferguson needn’t worry [Telegraph]
  • Feds sue banks and more than 130 executives, demanding billions over their role in the mortgage crisis; new “tobacco/asbestos” predicted [Biz Insider, more, yet more] Takes some cheek to cast Fannie and Freddie as victims [John Berlau, CEI]
  • Also on mortgages: Rahm Emanuel’s unsound new “lender must cut the grass” ordinance [Funnell] California AG sues lawyers, telemarketers over class action loan modification scheme; lawyer fires back with civil rights suit [AP, ABA Journal] New York chief judge wants state to fund more lawyers to resist enforcement of mortgages [PoL]
  • Related to last, on Civil Gideon’s “‘impossible dream’ of giving every civil litigant a lawyer” [Benjamin Barton & Stephanos Bibos, SSRN via Instapundit]
  • Fallen tree damage from all these storms? Think twice before taking your neighbor to court [Ilya Somin]
  • Stories you read here first: wider coverage for EEOC suit against trucking company for not letting alcoholic drive [Fox, earlier]
  • Illinois advocates plan push for punitive civil suits against johns, strip club owners, sex-ad websites [NYT]

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Donald Trump, bully-ionaire

by Walter Olson on September 9, 2011

An appeals court has upheld the dismissal of Donald Trump’s long-running defamation suit against author Timothy O’Brien, whose 2005 book, citing anonymous sources, had “reported the real estate maven/TV personality’s net worth was only a fraction of public claims.” [WSJ Deal Journal; earlier here]

See you in court, intubation/anesthesia team! [Blog of Bleeding Heart via White Coat ("What’s better? A missing tooth when you wake up to see your smiling family or perfect smile at your funeral?")]

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Go for it, Sacramento

by Walter Olson on September 8, 2011

Please do regulate babysitting much harder, urges Coyote [earlier; see also]

Congress might provide a do-over for a drug firm that inadvertently missed filing for a patent extension by a day or two, and in so doing spare the prominent law firm WilmerHale a possible malpractice payout [Andrew Pollack, New York Times]