Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Wed, 23 Jul 2014 19:05:23 +0000 en-US hourly 1 http://wordpress.org/?v=3.9.1 Green lawns, brown lawns in California http://overlawyered.com/2014/07/green-lawns-brown-lawns-california/?utm_source=rss&utm_medium=rss&utm_campaign=green-lawns-brown-lawns-california http://overlawyered.com/2014/07/green-lawns-brown-lawns-california/#comments Wed, 23 Jul 2014 19:05:23 +0000 http://overlawyered.com/?p=47253 “On the same day the state approved mandatory outdoor watering restrictions with the threat of $500 fines, the Southern California couple received a letter from their city threatening a $500 penalty for not watering their brown lawn.” [AP] Tweet Tags: California, environment, sued if you do

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“On the same day the state approved mandatory outdoor watering restrictions with the threat of $500 fines, the Southern California couple received a letter from their city threatening a $500 penalty for not watering their brown lawn.” [AP]

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HIPAA and the VA health scandal http://overlawyered.com/2014/07/hipaa-scandal/?utm_source=rss&utm_medium=rss&utm_campaign=hipaa-scandal http://overlawyered.com/2014/07/hipaa-scandal/#comments Wed, 23 Jul 2014 10:06:25 +0000 http://overlawyered.com/?p=46898 “Who is protected by patient privacy laws? Hint: not patients.” [Stewart Baker, Volokh] Tweet Tags: HIPAA, scandals

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“Who is protected by patient privacy laws? Hint: not patients.” [Stewart Baker, Volokh]

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They came to stay, cont’d http://overlawyered.com/2014/07/came-stay-contd/?utm_source=rss&utm_medium=rss&utm_campaign=came-stay-contd http://overlawyered.com/2014/07/came-stay-contd/#comments Wed, 23 Jul 2014 04:15:57 +0000 http://overlawyered.com/?p=47242 It happened on AirBnB, the lodging-sharing service: “A woman rented her 600-square-foot Palm Springs, California, condo to someone for a little over a month, and now she says the guy won’t leave and is threatening to sue her.” [Business Insider, ABA Journal] For the case of the nanny who declined to leave her in-home living […]

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It happened on AirBnB, the lodging-sharing service: “A woman rented her 600-square-foot Palm Springs, California, condo to someone for a little over a month, and now she says the guy won’t leave and is threatening to sue her.” [Business Insider, ABA Journal] For the case of the nanny who declined to leave her in-home living quarters after a falling out with the family that hired her, see this post last month. A February post raised the question of whether AirBnB visitors staying in units in San Francisco, a city with notably pro-tenant housing laws, might be able to dig in after a period much shorter than 30 days, the span that triggers tenancy status under general California law.

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Police and prosecution roundup http://overlawyered.com/2014/07/police-prosecution-roundup-20/?utm_source=rss&utm_medium=rss&utm_campaign=police-prosecution-roundup-20 http://overlawyered.com/2014/07/police-prosecution-roundup-20/#comments Wed, 23 Jul 2014 04:05:35 +0000 http://overlawyered.com/?p=46944 Cop caught on camera stealing dying motorist’s $3700 and gold crucifix “walked out of courtroom with big smile on face” [Bridgeport; Connecticut Post] Durham, N.C. police officer testifies department would illegally gain access to homes for purposes of search by lying about getting 911 calls [IndyWeek] “California Highway Patrol Seizes Medical Records Of Woman An […]

Police and prosecution roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Cop caught on camera stealing dying motorist’s $3700 and gold crucifix “walked out of courtroom with big smile on face” [Bridgeport; Connecticut Post]
  • Durham, N.C. police officer testifies department would illegally gain access to homes for purposes of search by lying about getting 911 calls [IndyWeek]
  • “California Highway Patrol Seizes Medical Records Of Woman An Officer Was Caught On Tape Beating” [Tim Cushing, TechDirt]
  • Drivers routinely expected to give up otherwise-basic civil liberties in exchange for right to use the roads [Michael Tracey, Vice]
  • Teen sexting prosecutions in Virginia and elsewhere: “We must destroy the children in order to save them” [Radley Balko]
  • Narcotics officers get training credit at tax-funded seminars in how to argue in favor of drug laws [Missouri pro-legalization site via Balko]
  • Back from the ashes: advances in fire and arson forensics cast doubt on earlier convictions [Texas Monthly]
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    D.C. Circuit: IRS can’t rewrite ObamaCare. Fourth: Oh, yes it can http://overlawyered.com/2014/07/d-c-circuit-irs-cant-rewrite-obamacare-fourth-oh-yes-can/?utm_source=rss&utm_medium=rss&utm_campaign=d-c-circuit-irs-cant-rewrite-obamacare-fourth-oh-yes-can http://overlawyered.com/2014/07/d-c-circuit-irs-cant-rewrite-obamacare-fourth-oh-yes-can/#comments Tue, 22 Jul 2014 19:22:44 +0000 http://overlawyered.com/?p=47232 A panel of the D.C. Circuit ruled today that the IRS is not free to rewrite the ObamaCare statute to extend tax credits from users of state-run health exchanges, as per the law’s language, to users of the federal exchange as well, because the federal government is not a “State.” [Halbig v. Burwell; Ilya Shapiro, […]

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    A panel of the D.C. Circuit ruled today that the IRS is not free to rewrite the ObamaCare statute to extend tax credits from users of state-run health exchanges, as per the law’s language, to users of the federal exchange as well, because the federal government is not a “State.” [Halbig v. Burwell; Ilya Shapiro, Cato] Later today, a panel of the Fourth Circuit ruled that yes, it’s free to do so. [King v. Burwell] Given the instant one-day circuit split and the importance of the issue, further court consideration is inevitable, and the Obama administration has already indicated that it will seek en banc consideration by the full D.C. Circuit, packed with its own recent appointees. More: The work of my Cato colleague Michael Cannon and Case Western lawprof Jonathan Adler helped undergird the suit; Cannon has commentary here and here and Adler here and here.

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    Does RFRA unconstitutionally elevate religion over irreligion? http://overlawyered.com/2014/07/rfra-unconstitutionally-elevate-religion-irreligion/?utm_source=rss&utm_medium=rss&utm_campaign=rfra-unconstitutionally-elevate-religion-irreligion http://overlawyered.com/2014/07/rfra-unconstitutionally-elevate-religion-irreligion/#comments Tue, 22 Jul 2014 14:14:42 +0000 http://overlawyered.com/?p=47168 And if so, could/should it be fixed by extending its accommodation requirement to deeply held secular convictions? [Sasha Volokh] Earlier on the Religious Freedom Restoration Act of 1993 here. Tweet Tags: constitutional law, religious liberty

    Does RFRA unconstitutionally elevate religion over irreligion? is a post from Overlawyered - Chronicling the high cost of our legal system

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    And if so, could/should it be fixed by extending its accommodation requirement to deeply held secular convictions? [Sasha Volokh] Earlier on the Religious Freedom Restoration Act of 1993 here.

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    Imprisoned Panama dictator sues game maker over “Call of Duty” character http://overlawyered.com/2014/07/imprisoned-panama-dictator-sues-game-maker-call-duty-character/?utm_source=rss&utm_medium=rss&utm_campaign=imprisoned-panama-dictator-sues-game-maker-call-duty-character http://overlawyered.com/2014/07/imprisoned-panama-dictator-sues-game-maker-call-duty-character/#comments Tue, 22 Jul 2014 10:15:49 +0000 http://overlawyered.com/?p=47219 “Former Panama dictator Manuel Noriega, 80, filed a lawsuit in California yesterday against video game publisher Activision Blizzard Inc., alleging that Call of Duty: Black Ops II portrays him as ‘a kidnapper, murderer and enemy of the state.’” [Adrianne Jeffries/The Verge, New York Post, L.A. Times] Citing the mess that is California “right of publicity” […]

    Imprisoned Panama dictator sues game maker over “Call of Duty” character is a post from Overlawyered - Chronicling the high cost of our legal system

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    “Former Panama dictator Manuel Noriega, 80, filed a lawsuit in California yesterday against video game publisher Activision Blizzard Inc., alleging that Call of Duty: Black Ops II portrays him as ‘a kidnapper, murderer and enemy of the state.’” [Adrianne Jeffries/The Verge, New York Post, L.A. Times] Citing the mess that is California “right of publicity” law, Eugene Volokh writes that such a suit is “crazy, but unfortunately possible.”

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    July 22 roundup http://overlawyered.com/2014/07/july-22-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=july-22-roundup-3 http://overlawyered.com/2014/07/july-22-roundup-3/#comments Tue, 22 Jul 2014 04:05:08 +0000 http://overlawyered.com/?p=39775 Facebook fought dragnet-with-gag-order subpoena in NY police/fire disability-fraud case [Mike Masnick, TechDirt] Two lawyers charged in alleged plot to extort millions from wealthy sheik [ABA Journal] Judge declares mistrial, plans new trial date in case of allegedly faulty guardrails [Bloomberg, more, background] Last year Overlawyered made the “Hall of Fame” and from now through Aug. […]

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  • Facebook fought dragnet-with-gag-order subpoena in NY police/fire disability-fraud case [Mike Masnick, TechDirt]
  • Two lawyers charged in alleged plot to extort millions from wealthy sheik [ABA Journal]
  • Judge declares mistrial, plans new trial date in case of allegedly faulty guardrails [Bloomberg, more, background]
  • Last year Overlawyered made the “Hall of Fame” and from now through Aug. 8 you can nominate other sites for the ABA’s annual Blawg 100 honor;
  • Supreme Court, which seldom grants cases raising non-delegation doctrine, agrees to hear Dept. of Transportation v. Assn. of American Railroads [Roger Pilon/Cato, Gerard Magliocca] And Prof. Philip Hamburger, author of bracing new book Is Administrative Law Unlawful (earlier), has just guest-blogged about it for a week at Volokh Conspiracy, and has a related podcast at Law and Liberty;
  • David Henderson writes rave review of new Peter Schuck book Why Government Fails So Often [Regulation, PDF; excerpts also at Econlib and more, earlier on Schuck book]
  • Legal academia stunned, in grief after highly regarded criminal law specialist Dan Markel is murdered in his Tallahassee home [PrawfsBlawg, Dave Hoffman, Marc DeGirolami]
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    Goodbye, Durham-in-Wonderland http://overlawyered.com/2014/07/goodbye-durham-wonderland/?utm_source=rss&utm_medium=rss&utm_campaign=goodbye-durham-wonderland http://overlawyered.com/2014/07/goodbye-durham-wonderland/#comments Mon, 21 Jul 2014 13:11:50 +0000 http://overlawyered.com/?p=47202 KC Johnson is closing his definitive blog on the Duke lacrosse case and its aftermath, and reflects on it all in this final essay. Tweet Tags: colleges and universities, Duke lacrosse, legal blogs

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    KC Johnson is closing his definitive blog on the Duke lacrosse case and its aftermath, and reflects on it all in this final essay.

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    Not About the Money Watch II: Yelp user sued after slamming law firm http://overlawyered.com/2014/07/money-watch-ii-yelp-user-sued-slamming-law-firm/?utm_source=rss&utm_medium=rss&utm_campaign=money-watch-ii-yelp-user-sued-slamming-law-firm http://overlawyered.com/2014/07/money-watch-ii-yelp-user-sued-slamming-law-firm/#comments Mon, 21 Jul 2014 09:56:58 +0000 http://overlawyered.com/?p=47184 “A Texas law firm has sued a former client over a negative Yelp review, posted after the firm sued the client for attorney fees.” Joseph Browning of Austin had comprehensively denounced the firm as “disorganized, deceptive, manipulative and largely disrespected,” “selfish and incapable of showing empathy towards their clients,” and one that “will take everything […]

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    “A Texas law firm has sued a former client over a negative Yelp review, posted after the firm sued the client for attorney fees.” Joseph Browning of Austin had comprehensively denounced the firm as “disorganized, deceptive, manipulative and largely disrespected,” “selfish and incapable of showing empathy towards their clients,” and one that “will take everything you’ve got,” in a review that the law firm described as defamatory and “blatantly false.” [ABA Journal]:

    The new suit, [attorney Kirk] Fulk said, “is not about the money. I would be shocked and amazed if [the firm’s name partners] even got their filing fees back from Mr. Browning. It’s purely a matter of principle and personality. They don’t want their names slandered.”

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