The Wall Street Journal news-section A-hed tackles silly (sometimes deliberately so) disclaimers, such as IKEA’s gigantic sign portraying a hot dog with the disclaimer “*not actual size.” But it also notes the high costs that litigation or regulatory action can inflict when disclaimers are omitted. Our readers discussed the Red Bull case two years ago.
Harvard lawprof Noah Feldman on the Paris/Fox case: let government sue media for saying (or maybe even for letting guests say) wrong things about government. Sure, what could go wrong?
Related, and outrageous: Morgan State University (Baltimore) journalism school dean wants to classify religiously irreverent speech as “fighting words,” which would throw into doubt its legal protection [DeWayne Wickham, USA Today] More: Allahpundit, Taranto/WSJ, The College Fix; edited to reflect Wickham’s (non)-clarification of his stance in the last-named link).
P.S. Via @benjaminlam: “Today’s Straits Times [Singapore] carried Feldman’s article.”
According to multiple reports, the FBI has taken New York assembly speaker Sheldon Silver into custody following a corruption investigation. Silver is widely thought to know more about the internal workings of Albany than any other person, so if he begins talking things could get interesting. Our previous coverage of Silver — and there’s been a lot — is here, or chronologically at this tag. My coverage of him 2005-2010 at Point of Law is here.
More: The complaint (courtesy WSJ) alleges improprieties with income both from a real estate law firm and from asbestos legal cases. On the latter, it alleges that Silver directed state research money to a university doctor in Manhattan, and that the doctor referred lucrative asbestos cases to Silver’s firm of Weitz & Luxenberg. The doctor is described as a “well-known expert” who “conducts mesothelioma research” and who had created a center at his university by or before 2002 related to that subject. The doctor, not named in the complaint, “has entered into an agreement with the USAO SDNY [U.S. Attorney's Office for the Southern District of New York] under which he will not be prosecuted for the conduct described herein, and that obligates him to provide truthful information to and cooperate with the government.” [pp. 24-25] Related post: Cato at Liberty.
Yet more: Remembering when the National Council of State Legislatures awarded Silver its “prestigious” and delightfully named “William M. Bulger Excellence in State Leadership Award” [Howie Carr, New York Post via Margaret Soltan] http://nypost.com/2012/07/23/a-fitting-award-for-speaker-silver/
“U.S. personal injury lawyers allegedly concealed evidence and induced clients to commit perjury to drive up asbestos-related settlements and garner bigger fees, according to lawsuits unsealed on Tuesday in the bankruptcy of a gasket maker.” [Reuters, earlier] My 1998 piece on asbestos witness-coaching is here.
Both Oklahoma State University and New Mexico State University use a version of “Pistol Pete” as a mascot. OSU found that although NMSU had agreed to use a variant, some items sold in connection with its school continued to use the version infringing on OSU’s. Suit was filed, but rather than expensively shooting it out in court, the two have now agreed to let a token fee cover a small leeway for infringement, and leave it at that. [Trademarkologist]
…curb ADA bounty-hunting [Steven Greenhut, San Diego Union-Tribune, and thanks for mention]
So the real lesson for tourists is that they should think of Paris as having no-speech zones [Poynter, Volokh]
As I did last year I’m tweeting reactions to President Obama’s State of the Union address so you wouldn’t have to watch. Here are Twitter highlights, mostly in regular rather than reverse chronological order:
More: Cato scholars respond in a video:
By one estimate, “something like 86 percent of the loot that state and local law enforcement agencies receive through federal forfeitures will be unaffected by Holder’s new policy.” [Jacob Sullum, Reason; earlier] “Eric Holder’s Asset Forfeiture Decision Won’t Stop the Widespread Abuse of Police Power” [Jonathan Blanks, New Republic] “New Holder Policy Means Fewer Bal Harbours, More Motel Caswells” [Eapen Thampy, Americans for Forfeiture Reform]
Missed this one from the fall: a Texas catering business will pay a fine to the U.S. government for having engaged in “citizenship discrimination.” “Culinaire International unlawfully discriminated against employees based on their citizenship status, the Justice Department claimed, because it required non-citizen employees to provide extra proof of their right to work in the United States. Culinaire has agreed to pay the United States $20,460 in civil penalties, receive training in anti-discrimination rules of the Immigration and Nationality Act, revise its work eligibility verification process, and create a $40,000 back pay fund for ‘potential economic victims.'” Employers face stringent penalties if they ask for too few documents, but that doesn’t mean they’re free to ask for any more than the right number. [Rachel Stoltzfoos, Daily Caller; Bill Watson ("Trying too hard to follow bad laws? That's illegal")] Several related cases, from fifteen years ago, here.
But that’s not the end of the story. Law school fires her. She sues! But loses, at least so far. [Caron/TaxProf, ABA Journal; Hamline Law School, Minnesota]
Great moments in unsuccessful ADA litigation: a panel of the Ninth Circuit Court of Appeals has upheld a summary judgment entered against a plaintiff who said his firing by the city of North Las Vegas constituted discrimination against him based on his hearing impairment as well as retaliation [Curley v. City of North Las Vegas]:
As part of the investigation, the Human Resources Department interviewed City employees and asked about their interactions with Curley. The interviews revealed that Curley had repeatedly threatened his coworkers and their families. For example, he threatened to put a bomb under a car, insinuated that he had mafia connections, and talked about giving a “blanket party” — which would involve throwing a blanket over a person’s head and beating him. One coworker reported that Curley threatened to kick his teeth out if the coworker did not join a union. On another occasion, Curley threatened to shoot his supervisor’s children in the kneecaps.
The interviews also revealed details about Curley’s work habits. Multiple coworkers said that Curley regularly conducted personal business while at work, sometimes spending up to three hours on his cell phone. It also appears that Curley was operating an ADA consulting business. Many of the calls he made during work were about the business, and coworkers saw him approach disabled individuals to discuss potential lawsuits.
Update thanks to reader Eric in comments:
I was thinking “He was only fired? Why isn’t he in jail?” so I googled him up. He has quite a history.
Astoundingly after he was fired from the city for his shenanigans, a school district (!) hired him as janitor. Six months later he was arrested for stalking (he kept threatening city employees). Finally (and after appearing in the papers) the school is attempting to fire him.
Tuesday evening, tune in to #CatoSOTU on Twitter for a libertarian take on the president’s State of the Union address with me and many others from Cato including David Boaz, Mark Calabria, Ilya Shapiro, Aaron Ross Powell, Nicole Kaeding, Jason Kuznicki, Julian Sanchez, Alex Nowrasteh, and more. Additional details here
The “equitable sharing” civil forfeiture program (see weekend post) being just one of the more visible corners of a whole scaffolding of bad incentives in law enforcement:
“With a crackdown on payday lenders, subprime borrowers are increasingly using auto title loans, whose high interest rates can lead to repossession and financial ruin.” [DealBook/NYT] Todd Zywicki at Volokh finds much lacking in the article’s analysis: “it turns out that those who use these products are not as stupid as the Times’s reporters imply they are.” Reihan Salam: “Remember when people said that cracking down on payday loans would have regrettable consequences?”