Overlawyered » Walter Olson http://overlawyered.com Chronicling the high cost of our legal system Thu, 28 May 2015 10:14:21 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.2 FIFA: “Use of an American bank” http://overlawyered.com/2015/05/fifa-use-of-an-american-bank/ http://overlawyered.com/2015/05/fifa-use-of-an-american-bank/#comments Thu, 28 May 2015 10:14:21 +0000 http://overlawyered.com/?p=53380 The federal government is bringing charges against the leadership of FIFA, the international soccer association, and Switzerland has arrested them in accord with American wishes. But are the jurisdiction of U.S. courts and U.S. criminal law really proper for this alleged international wrongdoing? David Post: …ask yourself: if you think that the “use of an […]

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The federal government is bringing charges against the leadership of FIFA, the international soccer association, and Switzerland has arrested them in accord with American wishes. But are the jurisdiction of U.S. courts and U.S. criminal law really proper for this alleged international wrongdoing? David Post:

…ask yourself: if you think that the “use of an American bank” is a sufficient basis for the exercise of US jurisdiction over foreign nationals residing and conducting business abroad, then presumably you’re OK with being hauled into court in Singapore because you have used, say, a Singaporean bank, or into a Mexican court because your money found its way to a Mexican mortgage broker, or into a Danish court because you have at times used a Danish Internet Service Provider. Yes? When you look at it that way it becomes a little more difficult to applaud wholeheartedly – shouldn’t we have been able to count on the Swiss, within whose jurisdiction FIFA undoubtedly lies, to do something?

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If they choose our dues, low pay’s OK http://overlawyered.com/2015/05/if-you-choose-our-dues-low-pays-ok/ http://overlawyered.com/2015/05/if-you-choose-our-dues-low-pays-ok/#comments Thu, 28 May 2015 04:15:26 +0000 http://overlawyered.com/?p=53382 “Labor leaders, who were among the strongest supporters of the citywide [$15 and indexing] minimum wage increase approved last week by the Los Angeles City Council, are advocating last-minute changes to the law that could create an exemption for companies with unionized workforces.” [Los Angeles Times] What’s more, these union “escape” clauses keep coming up […]

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“Labor leaders, who were among the strongest supporters of the citywide [$15 and indexing] minimum wage increase approved last week by the Los Angeles City Council, are advocating last-minute changes to the law that could create an exemption for companies with unionized workforces.” [Los Angeles Times] What’s more, these union “escape” clauses keep coming up in minimum wage statutes, as the U.S. Chamber has documented in a lengthy report. It’s almost as if these campaigns are run for unions’ benefit rather than that of their ostensible beneficiaries!

Related: Tim Sandefur, 2011, on a Los Angeles ordinance

that forces businesses that buy grocery stores to retain certain employees on their payroll for three months, even though they don’t want to. There’s an exception in the law for companies that have a collective bargaining agreement with a union. Thus the ordinance is little more than a tax on non-union employers — a restriction that exists for no other reason than to make it more expensive to operate a non-union grocery store.

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Police and community roundup http://overlawyered.com/2015/05/police-and-community-roundup-3/ http://overlawyered.com/2015/05/police-and-community-roundup-3/#comments Thu, 28 May 2015 04:05:49 +0000 http://overlawyered.com/?p=53371 Not just motorists: revenue-hungry St. Louis County municipalities mulct residents and homeowners with tickets over toys in yard, missing shingles, overgrown trees [St. Louis Post-Dispatch] So hard to convict: six officers from notorious Philadelphia narcotics squad acquitted in federal “dangled over balconies” case [Inquirer] Strictly non-business: Mayor of Campo, Colo. “asserted the ticketing …is strictly […]

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  • Not just motorists: revenue-hungry St. Louis County municipalities mulct residents and homeowners with tickets over toys in yard, missing shingles, overgrown trees [St. Louis Post-Dispatch]
  • So hard to convict: six officers from notorious Philadelphia narcotics squad acquitted in federal “dangled over balconies” case [Inquirer]
  • Strictly non-business: Mayor of Campo, Colo. “asserted the ticketing …is strictly about public safety and not to generate revenue.” [KUSA, autoplays]
  • Texas legislature: “Bill to limit filming of police activity is dropped” [Allison Wisk, Dallas Morning News]
  • “I remember getting mocked as a nutty libertarian when arguing that primary seat belt laws would be used to profile.” [@radleybalko on CBS Miami report]
  • “Breaking Down the Cost of Jaywalking: Where Does Money from a $190 Ticket Go?” [L.A., 2010, BlogDowntown via Amy Alkon discussion, earlier, Timothy Kincaid on Twitter] “A traffic fine should not devastate folks living paycheck to paycheck. [Cal.] Senate working to fix this” [Mariel Garza, L.A. Times]
  • On the need for independent prosecutors in police misconduct cases [Jacob Sullum]
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    Restoring credibility to forensics http://overlawyered.com/2015/05/restoring-credibility-to-forensics/ http://overlawyered.com/2015/05/restoring-credibility-to-forensics/#comments Wed, 27 May 2015 09:52:18 +0000 http://overlawyered.com/?p=53366 Kick out the pseudo-science and fix the broken incentives for witnesses and information gatherers, advises Radley Balko, which happens to be good advice on the civil forensics/expert witness side as well. More from Balko: “A brief history of forensics” and some thoughts on the lessons learned, or mostly not-learned, from the satanic sex abuse cases […]

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    Kick out the pseudo-science and fix the broken incentives for witnesses and information gatherers, advises Radley Balko, which happens to be good advice on the civil forensics/expert witness side as well. More from Balko: “A brief history of forensics” and some thoughts on the lessons learned, or mostly not-learned, from the satanic sex abuse cases of the 1990s. And from Ed Pilkington at The Guardian: “Thirty years in jail for a single hair: the FBI’s ‘mass disaster’ of false conviction,” earlier on that here and here.

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    Wheelchair icons head off in different directions http://overlawyered.com/2015/05/wheelchair-icons-head-off-in-different-directions/ http://overlawyered.com/2015/05/wheelchair-icons-head-off-in-different-directions/#comments Wed, 27 May 2015 04:15:39 +0000 http://overlawyered.com/?p=53362 Last year a new law went into effect in New York requiring businesses to signal ADA accessibility with a new and more progressive-flavored wheelchair icon that suggests forward motion as opposed to plain old static sitting. (It also bans any use of the word “handicapped” on accessible signage, because controlling language is something we want […]

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    Last year a new law went into effect in New York requiring businesses to signal ADA accessibility with a new and more progressive-flavored wheelchair icon that suggests forward motion as opposed to plain old static sitting. (It also bans any use of the word “handicapped” on accessible signage, because controlling language is something we want government to do.) New York businesses still have to comply with federal icon display requirements, however, and if they do not want to display two icons at once — which would likely mislead many users into assuming that some distinction in meaning between the two must be intended — they will have to hope to be covered by a catch-all in federal law that allows “alternative” compliant designs provided they offer “substantially equivalent or greater accessibility and usability,” an undefined phrase in this context. [John Egan, Seyfarth Shaw ADA Title III blog]

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    May 27 roundup http://overlawyered.com/2015/05/may-27-roundup-3/ http://overlawyered.com/2015/05/may-27-roundup-3/#comments Wed, 27 May 2015 04:05:06 +0000 http://overlawyered.com/?p=53100 All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine] National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann] Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” […]

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  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]
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    Don’t get cozy with a laptop adapter and fall asleep http://overlawyered.com/2015/05/dont-get-cozy-with-a-laptop-adapter-and-fall-asleep/ http://overlawyered.com/2015/05/dont-get-cozy-with-a-laptop-adapter-and-fall-asleep/#comments Tue, 26 May 2015 10:17:30 +0000 http://overlawyered.com/?p=53152 A California woman claims in her lawsuit that her “husband was using his Apple laptop when [she] fell asleep with her arm on top of the adapter for approximately 40 minutes. She woke up groggy, felt ‘itchy,’ and went to bed. The next morning she felt pain and discovered a ‘one-inch boil’ on her arm.” […]

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    A California woman claims in her lawsuit that her “husband was using his Apple laptop when [she] fell asleep with her arm on top of the adapter for approximately 40 minutes. She woke up groggy, felt ‘itchy,’ and went to bed. The next morning she felt pain and discovered a ‘one-inch boil’ on her arm.” She’s suing Apple for not adequately warning that the adapters get hot and shouldn’t be left in contact with bare skin for extended periods. [Nick Farr, Abnormal Use]

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    Would-be clients “happen not to have been born human” http://overlawyered.com/2015/05/would-be-clients-happen-not-to-have-been-born-human/ http://overlawyered.com/2015/05/would-be-clients-happen-not-to-have-been-born-human/#comments Tue, 26 May 2015 04:15:06 +0000 http://overlawyered.com/?p=53279 A lawyer’s concession in an unsuccessful PETA suit against Sea World presaged a New York judge’s recent (corrected) ruling on chimpanzee rights [Jeff Stier, San Diego Union-Tribune] Tags: animal rights

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    A lawyer’s concession in an unsuccessful PETA suit against Sea World presaged a New York judge’s recent (corrected) ruling on chimpanzee rights [Jeff Stier, San Diego Union-Tribune]

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    Banking and finance roundup http://overlawyered.com/2015/05/banking-and-finance-roundup-4/ http://overlawyered.com/2015/05/banking-and-finance-roundup-4/#comments Tue, 26 May 2015 04:05:30 +0000 http://overlawyered.com/?p=53178 Home-court advantage: SEC wins against defendants 90 percent of the time when it litigates before its own judges [Jean Eaglesham/W$J, Thaya Knight/Cato, earlier] Oops! “Corporate Inversions Increase U.S. Tax Revenues” [Rita Nevada Gunn and Thomas Lys/SSRN via Paul Caron/TaxProf, related, earlier] “How U.S. rules on conflict minerals are making life worse for desperately poor people […]

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  • Home-court advantage: SEC wins against defendants 90 percent of the time when it litigates before its own judges [Jean Eaglesham/W$J, Thaya Knight/Cato, earlier]
  • Oops! “Corporate Inversions Increase U.S. Tax Revenues” [Rita Nevada Gunn and Thomas Lys/SSRN via Paul Caron/TaxProf, related, earlier]
  • “How U.S. rules on conflict minerals are making life worse for desperately poor people in war-torn Congo” [Politico, earlier]
  • “Lock up the banksters.” “Lock up the drug dealers.” Dara Lind spots some populist parallels [Vox]
  • Should bank boards owe fiduciary duty to regulatory as well as investor interests? [Marc Hodak]
  • “Nobody’s Worried About ‘Too Big to Jail’ Any More” [Matt Levine/Bloomberg View] “Hunting Whales: The Problem With Prosecuting SIFIS” [Thaya Knight/Cato]
  • Luigi Zingales: market economists need to address question of when and how finance sector goes wrong, or others will do it for them [“Does Finance Benefit Society?“, presidential address to American Finance Association, Buttonwood/Economist, Arnold Kling]
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    Suing the Ivies over discrimination against Asian-Americans http://overlawyered.com/2015/05/ivy-league-discrimination-asians/ http://overlawyered.com/2015/05/ivy-league-discrimination-asians/#comments Mon, 25 May 2015 15:01:29 +0000 http://overlawyered.com/?p=53311 “A coalition of more than 60 Asian-American groups filed a federal discrimination complaint against Harvard University, claiming racial bias in undergraduate admissions.” A chance to find out how serious the university establishment, federal agencies, and the courts are about norms of non-discrimination [Bloomberg, Eugene Volokh on Bill Clinton 1995 comment, Razib Khan/Unz] Tags: colleges and […]

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    “A coalition of more than 60 Asian-American groups filed a federal discrimination complaint against Harvard University, claiming racial bias in undergraduate admissions.” A chance to find out how serious the university establishment, federal agencies, and the courts are about norms of non-discrimination [Bloomberg, Eugene Volokh on Bill Clinton 1995 comment, Razib Khan/Unz]

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