- “Kentucky antidiscrimination law doesn’t bar discrimination based on litigiousness” [Volokh]
- “Lawyer sues to stop fireworks show; now wants $756K in fees from taxpayers” [CJAC, San Diego]
- Leahy bill reauthorizing VAWA (Violence Against Women Act) includes language codifying OCR assault on campus due process [Bader, Daily Caller, Inside Higher Ed, FIRE, earlier here, here]
- “One-Ninth the Freedom Kids Used To Have” [Free-Range Kids] “WARNING: Baby in pram! Anything could happen!” [same]
- New Zealand considers criminalizing breaches of fiduciary duty [Prof. Bainbridge]
- From libertarian Steve Chapman, a favorable rating for Rahm Emanuel as Chicago mayor [Chicago Tribune]
- Did California privacy legislation just regulate bloggers? [Eric Goldman, Paul Alan Levy]
Tagged as:
attorneys' fees,
bloggers and the law,
California,
Chicago,
discrimination law,
New Zealand,
privacy
“Although the marriage did not last, plaintiff’s fury over the quality of the photos and video continued on.” The photographer defendant thinks the demand for $48,000 to re-stage the wedding is a bit much, especially given that the former bride has thought to have returned to her native Latvia. [New York Times; Above the Law (groom's father is partner in big law firm)]
Tagged as:
contracts,
lawyers
“Two passengers riding in a stolen car that was involved in a wreck sue the car’s 91-year-old owner” The driver of the wreck was a man defendant George Hinnenkamp had sometimes hired to do odd jobs; the passengers claim he had extended permission for the man to take the car that night, but a district attorney who successfully prosecuted the case says that isn’t so, noting that Hinnenkamp had reported the car stolen well before the accident. [Eugene, Oregon, Register-Guard]
Tagged as:
personal responsibility,
third party liability for crime
I’m on record as noting that the Texas bill labeled as “loser pays” doesn’t do nearly as much to revamp litigation incentives as its name implies, but if lawyers rushed to beat the deadlines on its provisions, they must be expecting it to make at least some difference. [Chamber-affiliated Southeast Texas Record]
More: Texas attorney Brooks Schuelke offers a different explanation for the last-minute rush.
Tagged as:
loser pays,
Texas
- “Wisconsin Judge Rules No Right to Own a Cow or Drink Its Milk” [Food Freedom; related on demonstration at FDA]
- We’re from the authorities, and we’re shutting down your “farm-to-fork” dinner [Amy Alkon]
- “FTC Makes Strategic Concessions on Food/Beverage Marketing Guidelines” [Lammi, WLF]
- Given a little humility, NYT’s Mark Bittman might have noticed that his new junk food insight contradicts his old [Jacob Sullum, Reason]
- Urban myths about Halloween candy tampering [Free-Range Kids]
- New Jersey lawsuit over serving of meat to devout Hindu vegetarians [Abnormal Use; compare 1999 case]
- “First lady will achieve goal of eradicating all food deserts by 2017″ — calm down, that’s “deserts” with just the one “s” [Obama Foodorama, more, more] Premise that lack of access to fresh fruits/vegetables accounts for poor urban diet, however, is sheerest fantasy [Katherine Mangu-Ward/WaPo, earlier here and here]
Tagged as:
advertising,
eat drink and be merry,
food safety,
obesity
The anti-obesity campaign isn’t the only policy initiative that’s leading to regulatory scrutiny of high school bake sales. There’s Title IX and its state equivalents, too:
Controversy in New Mexico continues over booster club funding and Title IX implementation as discussion heats up over the state’s Schools Athletics Equity Act. The issue remains whether private donations raised by parents through bake sales and working concession stands, or whether philanthropic contributions by private businesses, should be pooled together and distributed among all boys and girls teams under the guise of Title IX equality — and regardless of which parents/teams raised what.
Not surprisingly, many expect volunteerism to droop if the chance to raising funds for your team’s road trip or new equipment is replaced by a new rule prescribing that you can only raise money for school sports generally and hope that some fraction gets passed through to your team. [Deborah Elson, Saving Sports; earlier on booster clubs]
Tagged as:
New Mexico,
schools,
Title IX
“Tulane Study Says SEC Estimate of Cost of Conflict Mineral Rules is 100x Too Low” — headline at Business Law Prof (via Prof. Bainbridge), describing a new calculation that the implementation of the complication Dodd-Frank provision will in fact cost American business upwards of $7 billion, not the $70 million the Securities and Exchange Commission optimistically foresaw. (Typo fixed now.) Earlier here, here (”devastating” effect on Congolese).
Tagged as:
extraterritoriality,
Securities and Exchange Commission
- Ohio vote looms on Wisconsin-style public labor reform [NRO Corner, Columbus Dispatch, Atlantic Wire, Buckeye Institute "S.B. 5", Brian Bolduc/NRO]
- Florida lawmaker proposes leave for some employees with domestically abused pets [Eric Meyer]
- UK proposal: let employers have frank talks with underperforming workers without fear of liability [Telegraph]
- “Wisconsin legislation could restrict punitive damages for job bias” [AP]
- No, your mover can’t enter the building: a Chicago lawyer encounters union power [Howard Foster, Frum Forum] An insider’s game: “Two teachers union lobbyists teach for a day to qualify for hefty pensions” [Chicago Tribune]
- Alternatively, we might just want to go back to freedom of contract: “An employer’s bill of rights” [Hyman]
- Michael Fox on “Healthy Workplace Act” proposal creating rights to sue over on-job bullying [Jottings]
- Feds put employer use of “independent contractors” under microscope [Omega HR] FLSA risks to employer of using unpaid interns [SmartHR]
- A bit of health care deregulation from Obama [Tyler Cowen] Related on nurse practitioners: [Goodman]
Tagged as:
bullying,
Chicago,
labor unions,
wage and hour suits,
Wisconsin,
workplace
I joined the radio host yesterday evening to talk about how sexual harassment law works in practice, in light of the reports that presidential candidate Herman Cain was a target in two employee actions alleging “inappropriate” conduct. More on the “hostile environment” branch of harassment law here.
Tagged as:
harassment law,
on TV and radio
