Comments for Overlawyered Chronicling the high cost of our legal system Thu, 02 Oct 2014 03:20:23 +0000 hourly 1 Comment on “Affirmative consent must be ongoing throughout a sexual activity…” by Canvasback Thu, 02 Oct 2014 03:20:23 +0000 Interesting. This is the same week Brown vetoed a measure (AB 885) to rein in prosecutors’ intentional violations of their constitutional duties. Now he’s even adding to the general trend of prosecution by offering the power to the untrained and politically sensitive. These last 8 years I’ve marked him down as a peg-boy for the unions. This is right up his alley, so to speak.

Comment on Three more courtroom defeats for EEOC by Malcolm Wed, 01 Oct 2014 21:18:47 +0000 I was interested in the final paragraph of the original article, detailing which President appointed the judges involved. The fact that this is so often an issue is itself an indictment of the American politico-legal system, in which governments use the law for social engineering, and in which it is taken for granted that judges will use the courts to push their own political agenda.
In most other parts of the world – at least among the democracies – judges are expected to apply the law dispassionately, and the only criteria for appointing them are experience and ability.

Comment on Texas “Law Hawk” by Russell Winer Wed, 01 Oct 2014 20:35:28 +0000 37 short years between Bates v. State Bar of Arizona, 433 U.S. 350 (1977) and the Texas Law Hawk.

and here is Justice Powell’s rather tame dissent in Bates:

One unfortunate result of today’s decision is that lawyers may feel free to use a wide variety of adjectives — such as ‘fair,’ ‘moderate,’ ‘low-cost,’ or ‘lowest in town’ — to describe the bargain they offer to the public.”

Comment on “Woman suing Disney, claims ‘Frozen’ is my life story” by leafs004 Wed, 01 Oct 2014 19:37:29 +0000 Yeah, this wouldn’t be a blatant attempt to try and market her own books and merchandise now, would it?

Comment on “Affirmative consent must be ongoing throughout a sexual activity…” by David Smith Wed, 01 Oct 2014 19:11:28 +0000 Lemmee see now:

With and without witnesses (sober adults only for witnesses).


If written, is each party required to possess a copy?
Is it acceptable if only the female signs?
Must unwitnessed agreements be date/time stamped/notorized, etc.?
How much detail required and must a definition of sex be included?
Must each sexual act acceptable to both parties be detailed?
If anything is to be prohibited, must it be detailed in the agreement or is default by non inclusion acceptable?
Continuous affirmation:
At what intervals?
Is a checked box giving time and action sufficient or the must the box also be initialed by both parties?
Is anything contingent on degree of inebriation?
Is any previous relationship (sexual or non sexual) admissible in court for adjudication?


Comment on Three more courtroom defeats for EEOC by DEM Wed, 01 Oct 2014 18:30:43 +0000 Thankfully, when a federal agency overreachs like this, its leadership initiates a prompt, thorough, and introspective review, then imlements an immediate course correction. The employees responsible for wasting taxpayer dollars — not to mention the defense costs of the defendants — are discliplined or terminated altogether, because no federal job is more important than ensuring the sensible enforcement of the law.

Comment on Labor and employment roundup by Chris Hoey Wed, 01 Oct 2014 18:10:29 +0000 During my tenure at Region 22 of the NLRB from 1959 t0 1965, we were called upon to serve as intake officers periodically, where we met with the general public as well as answered telephone inquiries. Oftentimes we would refer persons with complaints outside the purview of the NLRB to the appropriate agency, state or Federal. I recall one instance when a bevy of attractive flight attendants came in seeking help, and the OD referred them to the Mediation Board without getting their phone numbers. He was ostracized for days for his mistake.
In short, there’s nothing new there, since the Board has for decades referred people to the right place.

Comment on “Affirmative consent must be ongoing throughout a sexual activity…” by Chuck Wed, 01 Oct 2014 17:25:39 +0000 In related news, this came in my email yesterday:

“Good afternoon,

We are excited to welcome 3 candidates to campus for the Director, Title IX Compliance position. We hope you will join us for the following open forums so you may meet each candidate.”

[forum particulars omitted]

This is a brand new administrative position. And people wonder why the cost of college is going up.

Comment on California toughens criminalization for unlicensed contractors by Scott Wed, 01 Oct 2014 15:53:48 +0000 I believe this is about putting value back into the trades.
This is totally about licensure and if this law happens to affect unlicensed non US citizens illegally contracting within a trade that requires a license, then, that’s the law. Let them take the risk.
Maybe it should be taken a step further and target the consumer with fines as well.
(Because after all this under ground construction economy would dry up if the consumer was at risk for jail and fines for hiring unlicensed contractors for $500 +)
These unlicensed contractors (immigrants or US born citizens) are killing small licensed general contractors and subs.
The small jobs (10k and under) are gone. They’re given to the guy desperate enough to bid it for wages, while the homeowner brags to their friends about how cheap they had their bathroom tile installed.
Someone above spoke about overhead… God forbid a licensed contractor has overhead for things like liability insurance, a bond and workers comp. all of which are put in place to protect the homeowner from things like smoldering painter rags burning your house down or a nicked pipe flooding your hardwood floors.
And I doubt this means agents will be busting your door down if you (the homeowner) decide to change a light fixture, planter box or toilet, besides, that’s what licensed handymen and women are for.

Comment on “Affirmative consent must be ongoing throughout a sexual activity…” by Boblipton Wed, 01 Oct 2014 11:00:10 +0000 The left (and right and center) is still saying “Keep the government out of my bedroom.” It’s your bedroom the government needs to regulate.