Law-school-related opinion pieces that left me unconvinced

From a Harvard lawprof: were today’s abundance of law schools to give way in part to a revived clerkship/apprentice model, American law would develop more slowly and organically than it does now, besides which where’d we train our philosopher-monarchs? [Noah Feldman, Bloomberg View] You can buy my recent book Schools for Misrule (including a Kindle download version) here.

March 25 roundup

  • Yikes: Nevada supreme court is nearly broke because it relies on traffic ticket revenue and cops are writing fewer [Las Vegas Review-Journal]
  • Forced marriage in immigrant communities happening not just in places like English Midlands, but in U.S. as well; those who assist resistant teenage girls risk “aiding delinquent minor” charges [Washington Post]
  • “Posner informs pro se litigant that the queen of England did not absolve him of need to pay taxes” [ABA Journal]
  • Panel at Federalist Society on president’s power not to enforce the law [Randy Barnett, background on panel]
  • Inside grand jury’s investigation of Pennsylvania Attorney General Kathleen Kane [Philadelphia Inquirer] “Referral fees paid to wife of former Pa. Supreme Court justice questioned” [Harrisburg Patriot-News]
  • Have you or a loved one been attacked by a Zebra? [Arkansas Matters] “Louisiana Man on Trial for Murder Says He Thought the Victim Was an Alligator” [People]
  • Sneaky Oregon law will divert unclaimed class action dollars to legal aid and not incidentally boost legal fees [Sen. Betsy Johnson, East Oregonian]

The road to Overlawyered

Searches that have brought visitors to Overlawyered.com over the past week: “spanking for insurance fraud” “i feel guilty as i got a item free as cashier did not scan it in” “what good is a low flow toilet that’s not high performance?” and “having trouble with cant believe its not butter melting.”

International law roundup

  • Coming up this Friday and Saturday Mar. 27-28 in D.C., Federalist Society holds star-filled conference on Treaties and National Sovereignty at George Washington University [Nicholas Quinn Rosenkranz]
  • Trade agreements are being promoted as extending progressive labor and environmental policies around the globe, hmmm [Simon Lester, related] Courts in European nations urged to use Charter to promote affirmative welfare rights, strike down laws liberalizing labor markets [Council of Europe]
  • “Croatian-Serb war offenses litigated under Illinois and Virginia conversion/trespass tort law” [Volokh]
  • “Did the Supreme Court Implicitly Reverse Kiobel’s Corporate Liability Holding?” [Julian Ku]
  • “There Is No National Home for Art” (Kwame Anthony Appiah on cultural patrimony and antiquities repatriation, NYT “Room for Debate”, related Ku on Elgin Marbles; my take on the collectible-coin angle; earlier here, here, here, here, here, here, here, here, here, etc.]
  • British government alleges human rights lawyers continued to pursue claims against British military over Iraq even after evidence of probable falsity emerged [Telegraph]
  • Treaties the Senate has blocked tend to be aspirational fantasies [Ted Bromund]

Update: N.M. court rejects suit against neighbor’s use of electronic devices

Updating a post from five years ago (related), a New Mexico appeals court has upheld the dismissal on summary judgment of Arthur Firstenburg’s lawsuit against next-door neighbor Raphaela Monribot for refusing to turn off her cellphone, computer, dimmer switches, and other electronic paraphernalia, which Firstenburg alleged cause him injury because he experiences electromagnetic sensitivity, or EMS, an acute sensitivity to electronic radiation, a condition on which (per the court) he has been drawing Social Security disability payments since 1992. The trial court excluded the proffered testimony of Firstenburg’s expert witnesses on causation; without it, it found that his claims of causation necessarily failed for lack of admissible evidence. More: George Johnson, New York Times.

EEOC roundup

  • “Courts remind EEOC again: Background checks don’t equal racism” [Todd Lebowitz, The Hill; my take on EEOC v. Freeman]
  • Another lesson of Old Dominion (boozing truck driver) verdict: employers’ “open door” grievance policies may harbor potential liabilities [Jon Hyman]
  • Caseloads: “Three Observations about the New EEOC Statistics” [Daniel Schwartz]
  • “Employers seek to halt EEOC’s efforts to drum up plaintiffs for its ‘Onionhead’ lawsuit” [Hyman]
  • Reform bills in House hopper include HR 548 (protects employer use of credit or criminal records), HR 549 (requires vote of commission to approve litigation against multiple defendants or over systemic/pattern-and-practice discrimination), HR 550 (requires disclosure of results of litigation that have reached judgment; requires certification that pre-filing conciliation has reached impasse, and allows judicial review of EEOC conduct during conciliation) More: Hearing Monday on these three and H.R. 1189, “Preserving Employee Wellness Programs Act”;
  • “EEOC’s Strange War Against ObamaCare And Employer Wellness Plans” [Eric Dreiband]
  • Equal Employment Opportunity Commission has “invited the public to comment on ‘significant existing EEOC regulations to determine whether they should be modified, streamlined, expanded or repealed,'” comments period ends April 20 [Insurance Journal; address to Public.Comments.RegulatoryReview @ eeoc.gov]

Washington Post begins Shaken Baby Syndrome series

Washington Post today launches an investigative series on dubious Shaken Baby Syndrome convictions. “In Illinois, a federal judge who recently freed a mother of two after nearly a decade in prison called Shaken Baby Syndrome ‘more an article of faith than a proposition of science.'” We’ve covered this developing story with many links in recent years.