Overlawyered » Walter Olson http://overlawyered.com Chronicling the high cost of our legal system Fri, 18 Apr 2014 04:05:09 +0000 en-US hourly 1 http://wordpress.org/?v=3.8.1 Banking and finance roundup http://overlawyered.com/2014/04/banking-finance-roundup-15/?utm_source=rss&utm_medium=rss&utm_campaign=banking-finance-roundup-15 http://overlawyered.com/2014/04/banking-finance-roundup-15/#comments Fri, 18 Apr 2014 04:05:09 +0000 http://overlawyered.com/?p=44965 Divided D.C. Circuit panel partially overturns SEC conflict minerals law [Bainbridge, more, more, Adler, earlier] Dodd-Frank vs. small banks, cont’d [Todd Zywicki] A failing grade for new Financial Stability Oversight Council? [Louise Bennetts, Cato; Peter Wallison, AEI, on Prudential SIFI designation] Regulators’ “choke hold” effort to throttle online payday lending draws protests [Kevin Funnell, more] […]

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  • Divided D.C. Circuit panel partially overturns SEC conflict minerals law [Bainbridge, more, more, Adler, earlier]
  • Dodd-Frank vs. small banks, cont’d [Todd Zywicki]
  • A failing grade for new Financial Stability Oversight Council? [Louise Bennetts, Cato; Peter Wallison, AEI, on Prudential SIFI designation]
  • Regulators’ “choke hold” effort to throttle online payday lending draws protests [Kevin Funnell, more]
  • Securities litigation after Amgen: time to reassess the fraud on the market presumption [Richard Epstein, Cato Regulation mag (PDF)]
  • House hearing on allegations of employee retaliation at CFPB [Free Beacon, Funnell, more]
  • “How To Destroy The Stock Market In 8 Steps,” series of Marc Andreessen tweets [Business Insider] “The Growing Executive Compensation Advantage of Private Versus Public Companies” [Marc Hodak]
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    Maryland backs off eminent domain to seize TV show http://overlawyered.com/2014/04/eminent-domain-seize-hit-tv-show/?utm_source=rss&utm_medium=rss&utm_campaign=eminent-domain-seize-hit-tv-show http://overlawyered.com/2014/04/eminent-domain-seize-hit-tv-show/#comments Thu, 17 Apr 2014 16:51:55 +0000 http://overlawyered.com/?p=45320 The state legislature adjourned last week having abandoned a threat to seize the hit TV show “House of Cards” through the use of eminent domain, with negotiations over the extent of tax subsidies to the show still hanging in part. I’ve got an update at Cato, with specific attention to the use of eminent domain […]

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    The state legislature adjourned last week having abandoned a threat to seize the hit TV show “House of Cards” through the use of eminent domain, with negotiations over the extent of tax subsidies to the show still hanging in part. I’ve got an update at Cato, with specific attention to the use of eminent domain to confiscate moveable and intangible assets, as opposed to land; in earlier episodes, Maryland has gone after the Baltimore Colts football team (which escaped) and the Preakness horse race (which agreed to stay).

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    No, as a matter of fact, it isn’t http://overlawyered.com/2014/04/matter-fact-isnt/?utm_source=rss&utm_medium=rss&utm_campaign=matter-fact-isnt http://overlawyered.com/2014/04/matter-fact-isnt/#comments Thu, 17 Apr 2014 11:59:26 +0000 http://overlawyered.com/?p=45312 “It’s Doctors’ Duty to Promote Gun Safety With Patients” [Art Caplan, Medscape via Bill of Health] Next step: giving patients a hard time about kitchen or camping knives? [A. Barton Hinkle] Tweet Tags: guns, medical

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    “It’s Doctors’ Duty to Promote Gun Safety With Patients” [Art Caplan, Medscape via Bill of Health] Next step: giving patients a hard time about kitchen or camping knives? [A. Barton Hinkle]

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    Cliven Bundy and the U.S. Constitution http://overlawyered.com/2014/04/cliven-bundy-u-s-constitution/?utm_source=rss&utm_medium=rss&utm_campaign=cliven-bundy-u-s-constitution http://overlawyered.com/2014/04/cliven-bundy-u-s-constitution/#comments Thu, 17 Apr 2014 04:25:39 +0000 http://overlawyered.com/?p=45289 If you imagine that Nevada rancher Cliven Bundy is some sort of constitutional conservative, Josh Blackman wants to direct your attention to the Property Clause as well as the Supremacy Clause of the (actually existing) U.S. Constitution. He also has some thoughts on the Equal Footing Doctrine (states come into the union on an equal […]

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    If you imagine that Nevada rancher Cliven Bundy is some sort of constitutional conservative, Josh Blackman wants to direct your attention to the Property Clause as well as the Supremacy Clause of the (actually existing) U.S. Constitution. He also has some thoughts on the Equal Footing Doctrine (states come into the union on an equal footing to the original 13), and on the rule of law in the context of the alleged right to flout court orders. Earlier here, with many reader comments, and more from Charles C. W. Cooke.

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    Medical roundup http://overlawyered.com/2014/04/medical-roundup-21/?utm_source=rss&utm_medium=rss&utm_campaign=medical-roundup-21 http://overlawyered.com/2014/04/medical-roundup-21/#comments Thu, 17 Apr 2014 04:05:19 +0000 http://overlawyered.com/?p=44868 Academics have underestimated sensitivity of medical system to liability pressures [Michael Frakes, SSRN via TortsProf] “Nobody has gone out and bought a new home” — Mark Lanier talks down his verdict knocking $9 billion out of Takeda and Lilly after two hours of deliberation by a Lafayette, La. jury [Reuters] Japanese drugmaker says it had […]

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  • Academics have underestimated sensitivity of medical system to liability pressures [Michael Frakes, SSRN via TortsProf]
  • “Nobody has gone out and bought a new home” — Mark Lanier talks down his verdict knocking $9 billion out of Takeda and Lilly after two hours of deliberation by a Lafayette, La. jury [Reuters] Japanese drugmaker says it had won three previous trials [ABA Journal]
  • Nursing home in living-up-to-its-name town of West Babylon sued over hiring male strippers to entertain residents [NYP, more (wife of complainant attended display), ABA Journal]
  • “Reining in FDA regulation of mobile health apps” [Nita Farahany, Volokh/WaPo]
  • Another setback for plaintiffs as Arkansas tosses $1.2 billion Risperdal marketing case against Johnson & Johnson [AP/Scottsbluff Star-Herald, Eric Alexander/Drug and Device Law, earlier here and here]
  • “Spacecraft collision injuring occupant”: docs scratch their heads at new revamp to billing codes [Steven Syre, Boston Globe via Future of Capitalism]
  • FDA preclearance, drug litigation: “Most [patients] never know they were harmed, because we never know what we might have had.” [John Stossel]
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    Even for search and rescue? http://overlawyered.com/2014/04/even-search-rescue/?utm_source=rss&utm_medium=rss&utm_campaign=even-search-rescue http://overlawyered.com/2014/04/even-search-rescue/#comments Wed, 16 Apr 2014 09:50:27 +0000 http://overlawyered.com/?p=45279 Sorry, say the feds: a drone ban is a drone ban [Steve Chapman] Tweet Tags: aviation

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    Sorry, say the feds: a drone ban is a drone ban [Steve Chapman]

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    Philip K. Howard, “The Rule of Nobody” http://overlawyered.com/2014/04/philip-k-howard-rule-nobody/?utm_source=rss&utm_medium=rss&utm_campaign=philip-k-howard-rule-nobody http://overlawyered.com/2014/04/philip-k-howard-rule-nobody/#comments Wed, 16 Apr 2014 04:15:01 +0000 http://overlawyered.com/?p=45275 Nick Gillespie reviews the new book by the author of The Death of Common Sense: The Rule of Nobody updates and expands Howard’s original brief, and it helps to explain why government at all levels not only is on autopilot but on a flight path that can only end in disaster. Every Philip Howard book […]

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    Nick Gillespie reviews the new book by the author of The Death of Common Sense:

    The Rule of Nobody updates and expands Howard’s original brief, and it helps to explain why government at all levels not only is on autopilot but on a flight path that can only end in disaster.

    Every Philip Howard book is notable for its horror stories of regulation and systemic dysfunction, and reviewer Kyle Smith in the New York Post relates one I hadn’t heard, about the mammoth Deepwater Horizon spill:

    When the oil rig started leaking mud and gas, the crew should have simply directed the flow over the side. Dumped it in the gulf. That would have been a small oil spill, of course, and no oil spill is a good thing. But in trying to avoid that, the crew caused a gigantic oil spill. Eleven lives were lost.

    Safety protocol called for the men to aim the flow into a safety gizmo called an oil and gas separator, but that became backed up and made matters worse. Explosive gas filled the air around the rig, which finally exploded.

    Then some workers who escaped in a raft almost died. Why? They were tied to the burning rig, and regulations forbade them to carry knives so they couldn’t cut themselves free.

    More on the book here.

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    Labor and employment roundup http://overlawyered.com/2014/04/labor-employment-roundup-ii-10/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-ii-10 http://overlawyered.com/2014/04/labor-employment-roundup-ii-10/#comments Wed, 16 Apr 2014 04:05:22 +0000 http://overlawyered.com/?p=44899 “Will ‘Microaggressions’ Make Their Way Into Employment Discrimination Cases? Have They Already?” [Daniel Schwartz] More phone and pen: Obama executive orders will forbid federal contractors from retaliating against employees who discuss pay with colleagues, direct DoL to require compensation data from contractors based on sex, race [AP, White House] List of best and worst states […]

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  • “Will ‘Microaggressions’ Make Their Way Into Employment Discrimination Cases? Have They Already?” [Daniel Schwartz]
  • More phone and pen: Obama executive orders will forbid federal contractors from retaliating against employees who discuss pay with colleagues, direct DoL to require compensation data from contractors based on sex, race [AP, White House]
  • List of best and worst states for employee lawsuits (from employer’s perspective) includes some surprises, although California’s status as worst isn’t one of them [Insurance Journal] $20K to fend off suit “for harassment and intimidation by her manager — when the manager was her sister” [Coyote; sequel to "Ventura County blues," on which earlier here and here]
  • Wage/hour activists step up pressure for federal enforcement, more detailed pay stubs to combat off-clock work, alleged misclassification [ABA Journal]
  • “A National Minimum Wage Is a Bad Fit for Low-Cost Communities” [Andrew Biggs and Mark Perry, The American] “Immigration, Eugenics, and the Minimum Wage” [Matt Zwolinski, Bleeding Heart Libertarians]
  • Court decision may amount to end run enactment of something like ENDA minus the legislative compromises and exceptions [Tamara Tabo, and thanks for link to "good reasons" for opposition; a second view from Jon Hyman]
  • “DOL (Department of Labor) Persuader Rule Undermines Attorney-Client Privilege, Attorney Generals Say” [Howard Bloom and Philip Rosen (Jackson Lewis), National Law Review, earlier]
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    Strictly business, Your Honor http://overlawyered.com/2014/04/strictly-business-honor/?utm_source=rss&utm_medium=rss&utm_campaign=strictly-business-honor http://overlawyered.com/2014/04/strictly-business-honor/#comments Tue, 15 Apr 2014 20:27:55 +0000 http://overlawyered.com/?p=45267 “How Breast Implant Size is Relevant to Tax Policy” [Alan Cole, Tax Foundation] Tweet Tags: strippers and exotic dancers, taxes

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    “How Breast Implant Size is Relevant to Tax Policy” [Alan Cole, Tax Foundation]

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    Casinos battle Phil Ivey over “edge-sorting” baccarat wins http://overlawyered.com/2014/04/casinos-battle-phil-ivey-edge-sorting-baccarat-wins/?utm_source=rss&utm_medium=rss&utm_campaign=casinos-battle-phil-ivey-edge-sorting-baccarat-wins http://overlawyered.com/2014/04/casinos-battle-phil-ivey-edge-sorting-baccarat-wins/#comments Tue, 15 Apr 2014 10:34:34 +0000 http://overlawyered.com/?p=45255 My knowledge of baccarat never got beyond James Bond novels, but this is quite a story of the Borgata casino’s suing a world-leading player over his having taken advantage of a defect in playing card manufacture, to the tune of nearly $10 million. There are some echoes of the perennial controversy over blackjack card counters […]

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    My knowledge of baccarat never got beyond James Bond novels, but this is quite a story of the Borgata casino’s suing a world-leading player over his having taken advantage of a defect in playing card manufacture, to the tune of nearly $10 million. There are some echoes of the perennial controversy over blackjack card counters (see here and here) [Kyle Wagner, DeadSpin].

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