SCOTUSblog, the eminent Supreme-Court-watching site, has been running a symposium on the future of class actions after such decisions as Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, and Smith v. Bayer. Contributors include many names familiar from our columns, including Ted Frank, Andrew Trask, Russell Jackson, and Paul Karlsgodt.
And a reminder to those of you who can make it to the Washington, D.C. area next Thursday: Cato’s annual Constitution Day will feature three outstanding panels reviewing the work of the high court in the past term, including a panel moderated by me and featuring Roger Pilon (Cato) on pre-emption, Andrew Trask (McGuire Woods) on Wal-Mart, and Jonathan Adler (Case Western, Volokh Conspiracy) on climate change litigation. You can register here.
Tagged as:
class actions,
Supreme Court,
Wal-Mart v. Dukes
Do parent-packed school meals require refrigeration protocols once thought suitable for human organs destined for transplant? Lenore Skenazy examines a ridiculous media scare. [Free-Range Kids]
Tagged as:
food safety,
schools
The First Circuit federal court of appeals has ruled that the First Amendment protects the right to record police officers’ public activity, notwithstanding a Massachusetts law banning “wiretapping.” Meanwhile, in Chicago, a jury speedily acquitted Tiawanda Moore on charges that she had committed a similar offense by using her Blackberry to record the visit of officers who were attempting to talk her out of a sexual harassment complaint against a member of the force. [Glenn Reynolds, Examiner, Gizmodo; earlier here, here]
Tagged as:
First Amendment,
police
A veto message from Democratic Gov. Jerry Brown, after the California legislature passed a bill imposing a fine on children or their parents or guardians for skiing or snowboarding without a helmet: “While I appreciate the value of wearing a ski helmet,” wrote the governor, “I am concerned about the continuing and seemingly inexorable transfer of authority from parents to the state.” [John Myers, KQED; text of veto message]
Tagged as:
Jerry Brown,
nanny state,
skiing
“The Maya Archaeology Initiative is fighting back against claims by Kellogg North America that a bird depicted in MAI’s logo is too similar to ‘Toucan Sam,’ the fictional spokesbird for Froot Loops cereal.” In a response to the cease-and-desist letter from Kellogg lawyers, the Central American cultural philanthropy “noted the differences between the two toucans, including coloration, beak shape, and the fact that MAI’s bird is based on birds that actually exist in nature.” [Lowering the Bar](& welcome TechDirt readers)
Tagged as:
trademarks
“Overlawyered” is the name of a widely read blog on America’s legal system….
Thus begins an article in the new issue of The Economist, the London-based newsmagazine, discussing First Thing We Do, Let’s Deregulate All the Lawyers, a new book by Clifford Winston and Robert Crandall (Brookings) and Vikram Maheshri (University of Houston) on barriers to entry in the legal profession. Check it out here.
Tagged as:
accolades,
United Kingdom
- Truth through intimidation? U.K.: “Chronic fatigue syndrome researchers face death threats from militants” [Guardian] Nanotechnologists are target of Unabomber copycat [Chronicle of Higher Education]
- Blogger (and frequent Overlawyered commenter) Amy Alkon criticizes intrusive TSA agent by name, agent threatens $500K libel suit [Mike Masnick/TechDirt, Mark Bennett]
- NYT fans “pill mill” hysteria, heedless of the costs [Sullum]
- Patent litigant “pursued baseless infringement allegations in bad faith and for an improper purpose.” More loser-pays, please [NLJ, PoL]
- Great moments in link solicitation [Scott Greenfield] Quality bar at feminist lawprof blog may not be set terribly high [Popehat]
- “Wow, this photo got over 475 views from being reposted on Overlawyered” [Erik Magraken]
- “Popular Comic Strip Has Fun With Wacky Warnings” [Bob Dorigo Jones]
Tagged as:
bloggers and the law,
libel slander and defamation,
loser pays,
patent law,
pharmaceuticals,
science and scientists,
wacky warnings
James Farkus Cohan, who’s sued at least 161 businesses under California’s liberal version of the ADA as a disabled plaintiff, says he has end-stage emphysema, but a KABC investigation found him rather spry. Cohan’s other businesses, the station reports, include procurement of human organs for transplant. Lawmakers in Sacramento this year refused business pleas to tighten standards for filing the lucrative suits, which extract millions annually [via Lowering the Bar and Amy Alkon]
Tagged as:
ADA filing mills
A. G. Sulzberger quotes me in yesterday’s New York Times on the wave of court challenges that has met legislation in state capitals on immigration, abortion, financing for Planned Parenthood, and other hot topics. Federal judges have recently issued injunctions blocking part or all of controversial state enactments on all these topics.
Tagged as:
immigration law,
New York Times
…Garza v. Merck, ends with a whimper as the Texas Supreme Court unanimously throws it out. Ted has more at PoL.
Tagged as:
Daubert,
Texas,
Vioxx
Eugene Volokh predicts that a Minnesota jury’s award will not stand; not only are people “constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired,” but the “First Amendment constrains the interference with business relations tort, just as it constrains the infliction of emotional distress and other torts.” [Volokh Conspiracy]
Tagged as:
First Amendment,
libel slander and defamation,
Minnesota
