Overlawyered » Walter Olson http://overlawyered.com Chronicling the high cost of our legal system Tue, 16 Sep 2014 09:32:30 +0000 en-US hourly 1 http://wordpress.org/?v=3.9.2 Feds to Arpaio: give back that Pentagon gear http://overlawyered.com/2014/09/feds-arpaio-give-back-pentagon-gear/?utm_source=rss&utm_medium=rss&utm_campaign=feds-arpaio-give-back-pentagon-gear http://overlawyered.com/2014/09/feds-arpaio-give-back-pentagon-gear/#comments Tue, 16 Sep 2014 09:32:30 +0000 http://overlawyered.com/?p=48268 Maricopa County (Phoenix) Sheriff and longtime Overlawyered mentionee Joe Arpaio did not keep close track of the military-grade gear the Pentagon gave him — in fact, his office seems to have lost some of it — and now the feds are lowering the boom: “Because of the agency’s continued failure to locate nine missing weapons […]

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Maricopa County (Phoenix) Sheriff and longtime Overlawyered mentionee Joe Arpaio did not keep close track of the military-grade gear the Pentagon gave him — in fact, his office seems to have lost some of it — and now the feds are lowering the boom: “Because of the agency’s continued failure to locate nine missing weapons issued by the Pentagon’s 1033 program, the Sheriff’s Office was terminated from the military-­surplus program, effective immediately. The agency is required to return its cache of issued firearms, helicopters and other gear within 120 days.” Arizona Republic reporter Megan Cassidy quotes me regarding the interesting timing of the announcement, following closely after events in Ferguson, Mo. helped stir a nationwide furor over the 1033 program. It’s not specified (h/t Lauren Galik) whether they’ll have to give back the hot dog machine and $3,500 popcorn machine.

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“Did California just make it illegal for businesses to stop dealing with customers who insult them?” http://overlawyered.com/2014/09/california-just-make-illegal-businesses-stop-dealing-customers-insult/?utm_source=rss&utm_medium=rss&utm_campaign=california-just-make-illegal-businesses-stop-dealing-customers-insult http://overlawyered.com/2014/09/california-just-make-illegal-businesses-stop-dealing-customers-insult/#comments Tue, 16 Sep 2014 04:15:07 +0000 http://overlawyered.com/?p=48259 An outcry has lately arisen over consumer contracts that purport to ban disparagement of the company that proffered the contract or its products, especially since a few such companies, seeking to silence customers vocally dissatisfied with products or services, have proceeded to sue them, threaten them with suit, or report them as credit risks. Although […]

“Did California just make it illegal for businesses to stop dealing with customers who insult them?” is a post from Overlawyered - Chronicling the high cost of our legal system

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An outcry has lately arisen over consumer contracts that purport to ban disparagement of the company that proffered the contract or its products, especially since a few such companies, seeking to silence customers vocally dissatisfied with products or services, have proceeded to sue them, threaten them with suit, or report them as credit risks. Although it is doubtful that existing law in fact permits practices of this sort, California proceeded to pass a new law protecting consumers from retaliation by companies they criticize — a law that appears to go much farther than just banning the practices that stirred the furor. [Volokh]

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September 16 roundup http://overlawyered.com/2014/09/september-16-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=september-16-roundup-2 http://overlawyered.com/2014/09/september-16-roundup-2/#comments Tue, 16 Sep 2014 04:05:04 +0000 http://overlawyered.com/?p=47788 “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord] State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal] “Still can’t get over the fact that all [development] […]

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  • “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord]
  • State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal]
  • “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom]
  • How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan]
  • Defenders of Wisconsin John Doe prosecutor push back against Stuart Taylor investigation [Daniel Bice, Milwaukee Journal-Sentinel via Althouse, more, related on "blue fist" posters and John Doe investigator, earlier]
  • “In Britain, Child’s Weight Leads to Parents’ Arrest” [New York Times in June, King's Lynn 11-year-old; also, Cadbury agrees to "stop making chocolate bars in Britain with more than 250 calories"]
  • Should there be judicial remedies — what kind, and for which plaintiffs — when federal spending is politicized? [Daniel Epstein, Federalist Society "Engage"]
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    “Philadelphia is really the Ground Zero for forfeiture abuse” http://overlawyered.com/2014/09/philadelphia-forfeiture/?utm_source=rss&utm_medium=rss&utm_campaign=philadelphia-forfeiture http://overlawyered.com/2014/09/philadelphia-forfeiture/#comments Mon, 15 Sep 2014 10:08:38 +0000 http://overlawyered.com/?p=48092 “The City of Brotherly Love can’t get enough of its citizens’ property and cash. The city is in a class by itself in the world of civil asset forfeiture, says Institute for Justice attorney Darpana Sheth” in this Cato podcast with interviewer Caleb Brown. More on IJ’s suit challenging Philadelphia’s forfeiture practices: Philadelphia Inquirer, Nick […]

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    “The City of Brotherly Love can’t get enough of its citizens’ property and cash. The city is in a class by itself in the world of civil asset forfeiture, says Institute for Justice attorney Darpana Sheth” in this Cato podcast with interviewer Caleb Brown. More on IJ’s suit challenging Philadelphia’s forfeiture practices: Philadelphia Inquirer, Nick Sibilla/Forbes, Dave Weigel/Slate, and Scott Shackford/Reason.

    And by way of balance on the Philadelphia story: one who defends forfeiture law as “good law” that “works” is “CNN legal analyst and consumer attorney, Brian Kabateck,” seen before in this space and elsewhere in his role as a class-action plaintiff’s attorney.

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    “Law firm mistakenly identifies dead smokers as alive in 588 suits” http://overlawyered.com/2014/09/law-firm-mistakenly-identifies-dead-smokers-alive-588-suits/?utm_source=rss&utm_medium=rss&utm_campaign=law-firm-mistakenly-identifies-dead-smokers-alive-588-suits http://overlawyered.com/2014/09/law-firm-mistakenly-identifies-dead-smokers-alive-588-suits/#comments Mon, 15 Sep 2014 09:57:18 +0000 http://overlawyered.com/?p=48212 Details, always those pesky details: “A federal appeals court has upheld the dismissal of 750 tobacco suits, citing this major problem: The Florida law firm that brought the cases had mistakenly identified 588 dead smokers as still being alive.” [ABA Journal] Tweet Tags: don't, Florida, tobacco

    “Law firm mistakenly identifies dead smokers as alive in 588 suits” is a post from Overlawyered - Chronicling the high cost of our legal system

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    Details, always those pesky details: “A federal appeals court has upheld the dismissal of 750 tobacco suits, citing this major problem: The Florida law firm that brought the cases had mistakenly identified 588 dead smokers as still being alive.” [ABA Journal]

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    “It’s getting harder to climb the ladder” http://overlawyered.com/2014/09/getting-harder-climb-ladder/?utm_source=rss&utm_medium=rss&utm_campaign=getting-harder-climb-ladder http://overlawyered.com/2014/09/getting-harder-climb-ladder/#comments Mon, 15 Sep 2014 04:15:40 +0000 http://overlawyered.com/?p=48206 Is the American job market becoming less fluid, as a new paper by Steven Davis and John Haltiwanger argues, with less job-switching and fewer vacancies opening up at established employers? And to the extent this is an unwelcome trend, which policies might be contributing to it? [The Economist; some possibly contrary data points from Alex […]

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    Is the American job market becoming less fluid, as a new paper by Steven Davis and John Haltiwanger argues, with less job-switching and fewer vacancies opening up at established employers? And to the extent this is an unwelcome trend, which policies might be contributing to it? [The Economist; some possibly contrary data points from Alex Tabarrok]

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    Administration launches big push to regulate household appliances http://overlawyered.com/2014/09/administration-launches-big-push-regulate-household-appliances/?utm_source=rss&utm_medium=rss&utm_campaign=administration-launches-big-push-regulate-household-appliances http://overlawyered.com/2014/09/administration-launches-big-push-regulate-household-appliances/#comments Mon, 15 Sep 2014 04:05:05 +0000 http://overlawyered.com/?p=48209 Not clear that anything has been learned from the green-washer fiasco: “Spurred by President Obama’s climate action plan, the Department of Energy is pumping out new standards for refrigerators, dishwashers, air conditioners, ceiling fans, furnaces, boilers, water heaters, lamps and many more appliances…. critics argue the push to regulate household appliances is evidence of a […]

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    Not clear that anything has been learned from the green-washer fiasco: “Spurred by President Obama’s climate action plan, the Department of Energy is pumping out new standards for refrigerators, dishwashers, air conditioners, ceiling fans, furnaces, boilers, water heaters, lamps and many more appliances…. critics argue the push to regulate household appliances is evidence of a nanny state.” [The Hill]

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    “Take down those critical posts, we’ve got a court order” http://overlawyered.com/2014/09/take-critical-posts-weve-got-court-order/?utm_source=rss&utm_medium=rss&utm_campaign=take-critical-posts-weve-got-court-order http://overlawyered.com/2014/09/take-critical-posts-weve-got-court-order/#comments Sun, 14 Sep 2014 16:32:41 +0000 http://overlawyered.com/?p=48099 But then the plot thickened… [Matt Haughey, Medium via Popehat] Tweet Tags: online speech

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    But then the plot thickened… [Matt Haughey, Medium via Popehat]

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    Coo coo for conflict minerals http://overlawyered.com/2014/09/coo-coo-conflict-minerals/?utm_source=rss&utm_medium=rss&utm_campaign=coo-coo-conflict-minerals http://overlawyered.com/2014/09/coo-coo-conflict-minerals/#comments Sat, 13 Sep 2014 17:55:10 +0000 http://overlawyered.com/?p=48197 The U.S. government has conceded that it can’t actually tell “which refiners and smelters around the world are financially fueling violence in the war-torn Congo region.” However, under a law passed by Congress in a fit of moral self-congratulation, publicly held companies are still going to be subject to stringent penalties for disclosure violations if […]

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    The U.S. government has conceded that it can’t actually tell “which refiners and smelters around the world are financially fueling violence in the war-torn Congo region.” However, under a law passed by Congress in a fit of moral self-congratulation, publicly held companies are still going to be subject to stringent penalties for disclosure violations if they screw up on the reporting of these ultimately untraceable connections. Time for repeal [Bainbridge, Emily Chasan/WSJ CFO Journal blog; earlier]

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    Straight from the cow: a sober assessment http://overlawyered.com/2014/09/straight-cow-sober-assessment/?utm_source=rss&utm_medium=rss&utm_campaign=straight-cow-sober-assessment http://overlawyered.com/2014/09/straight-cow-sober-assessment/#comments Sat, 13 Sep 2014 13:47:32 +0000 http://overlawyered.com/?p=48194 “Raw milk is risky. But that doesn’t mean it should be illegal.” [Joseph Stromberg, Vox] Tweet Tags: agriculture and farming, food safety

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    “Raw milk is risky. But that doesn’t mean it should be illegal.” [Joseph Stromberg, Vox]

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