As noted earlier, last week U.N. Human Rights Council rapporteur James Anaya (who also happens to be a lawprof at the University of Arizona) declared the U.S. to be trampling the aboriginal land rights of Indian tribes. I have a new Daily Caller piece pointing out (as I detail at more length in Schools for Misrule) that the U.N.’s involvement with American law school projects is nothing new: “Now the plaintiff’s counsel [in the Western Shoshone claim] of a few years back re-surfaces as the official instrument of a U.N. body, a revolving-door arrangement that is actually quite typical of the international human rights establishment, where a rather small band of crusading law professors, ‘civil society’ activists and Guardian readers around the world seem to take turns investigating each others’, or as the case may be their own, countries for putative human rights violations.” (& Julian Ku, Opinio Juris)
Tagged as:
Arizona,
Indian tribes,
international human rights,
law schools,
Schools for Misrule,
United Nations
Former Maricopa County, Arizona state’s attorney and frequent Overlawyered mentionee Andrew Thomas now faces disbarment for misdeeds that include launching unfounded prosecutions of local officials who had criticized him [Terry Carter, ABA Journal] The latest ABA Journal headline is an instant classic: “Defiant After Disbarment Ruling, Ex-Maricopa Attorney Andrew Thomas Compares Himself to Gandhi”
Tagged as:
Arizona,
prosecutorial abuse
- In time for Easter: egg prices soar in Europe under new hen-caging rules [AP]
- For third time, the Environmental Protection Agency backtracks on claims of harm from gas “fracking” [Adler; U. Texas study on drinking water safety, CBS Dallas] Yes, there’s a plaintiff’s lawyer angle [David Oliver] Don Elliott, former EPA general counsel, on why his old agency needs cutting [Atlantic] Blow out your candles, coal industry, and so good-bye [Pat Michaels/Cato, Shikha Dalmia]
- Following the mad logic wherever it leads: “State Legislators Propose Mandatory Drug Testing of Judges and Other State Officials” [ABA Journal]
- Proposal: henceforth no law may run to greater length than Rep. Conyers’s copy of Playboy [Mark Steyn]
- Creative American lawyers: “Carnival cruise ship briefly seized in Texas” [AP]
- “Overlawyered” is the title of a new commentary in The New Yorker, not related to a certain website [Kelefa Sanneh]
- Repressive Connecticut “cyber-harassment” bill [Volokh, Greenfield, Popehat] And now, not to be outdone, Arizona… [Volokh]
Tagged as:
agriculture and farming,
animal rights,
Arizona,
bullying,
Connecticut,
cruise ships,
Environmental Protection Agency,
harassment law,
illegal drugs,
oil industry
An Arizona lawmaker has proposed (how many regrettable stories begin with that lead-in!) a crackdown on looks-enhancement in advertising. “House Bill 2793, proposed by Rep. Katie Hobbs, D-Phoenix, would require advertisers who alter or enhance a photo to put a disclaimer on that ad alerting customers that ‘Postproduction techniques were made to alter the appearance in this advertisement. When using this product, similar results may not be achieved.’” [Arizona Republic via Coyote, earlier (and compare)]
Tagged as:
advertising,
Arizona,
photography
A Massachusetts federal judge has declined to throw out an ADA suit against Netflix demanding captioning of its streaming movie service, but “stayed the case pending rulemaking by the Federal Communications Commission.” [Qualters, NLJ] Relatedly, Arizona’s largest movie chain will install closed captioning and headset systems in all its outlets following an adverse ruling by the Ninth Circuit under the Americans with Disabilities Act (ADA). [East Valley Tribune, earlier] Meanwhile, following an audit negotiated in a settlement with the U.S. Department of Justice, “The city of Tucson may have to find an estimated $17 million to bring many of its facilities into compliance with the Americans with Disabilities Act.” [Star]
Tagged as:
Arizona,
disabled rights,
movies film and videos,
web accessibility
- A pack of gum, e.g.: “What the Proceeds of a BlackBerry Class Action Could Buy” [Rebecca Greenfield, Atlantic Wire]
- A million law firm ads later: “Pfizer’s Anti-Smoking Drug [Chantix] Isn’t Riskier Than Patches, FDA Says” [Bloomberg]
- Over 9/11 attacks: “Court Recommends al-Qaida Pay $9 Billion to Insurers” [NYLJ]
- Green alarmism over cosmetics — justified? [Dana Joel Gattuso, CEI; related here, here]
- Arpaio-Thomas follies continue in Arizona courtroom [Coyote, earlier]
- Upcoming: November 4 conference “Silenced” in D.C. on blasphemy laws and hate speech; Bruce Bawer, Nina Shea et al. [Federalist Society]
- “I dreamed I swayed the jury… in my Maidenform bra” [Retronaut, scroll]
Tagged as:
Arizona,
BlackBerry,
hate speech,
pharmaceuticals,
September 11
My new Cato post points out that while this may be craziness, it’s craziness with a long pedigree:
It was way back in the first Bush administration that the Equal Employment Opportunity Commission (EEOC) began filing lawsuits against employers for “discriminating” against employees with difficult-to-understand or heavily accented speech, the theory being that this served as an improper proxy for discrimination based on national origin. The scope for allowable exceptions was exceedingly narrow, too narrow to cover most teaching positions, as I wrote quite a while back when the issue had just come over the horizon in a Massachusetts case. Indeed, the National Education Association (I pointed out) had been prevailed on to pass a resolution “decrying disparate treatment on the basis of ‘pronunciation’ — quite a switch from the old days when teachers used to be demons for correctness on that topic.”
Read the whole thing here (& Alkon, Peter Pappas/Tax Lawyer’s Blog, Bader). Another view: Josh Hanson.
Tagged as:
Arizona,
EEOC,
language bias,
schools
- Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
- The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
- Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
- Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
- Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
- How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
- “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
- Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]
Tagged as:
Arizona,
art and artists,
baseball,
champerty,
Chevron,
John Edwards,
litigation finance,
vaccines
Joining the obesity-as-public-health-issue crusade, Flagstaff, Arizona schools will begin weighing all students, after which they will send home warning notes to parents of kids who fail to conform to desired weight ranges. Apparently about half of students are expected to fall outside those ranges. [Arizona Daily Star, which likes the idea; Daily Caller]
Tagged as:
Arizona,
nanny state,
obesity,
schools
Really bad lawyer conduct? Or only medium? “The State Bar of Arizona is looking to throw the book at a Phoenix attorney who told a client that she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding.” [National Law Journal]
Tagged as:
Arizona,
don't
- Oh dear: Elena Kagan praised as “my judicial hero” Aharon Barak, ultra-activist Israeli jurist flayed by Posner as lawless [Stuart Taylor, Jr./Newsweek] Kagan and executive power [Root, Reason]
- More on efforts to get feds to redesign hot dogs and other choking-risk foods [NYT, earlier]
- Amid brouhaha over Rand Paul views, Chicago firefighter-test case provides reminder of how discrimination law actually plays out in courts today [Tabarrok, MargRev]
- So please, Ken, tell us what you really think of this Mr. Francis (“Girls Gone Wild”) and his nastygrams [Popehat]
- More on SEIU’s tactic of sending mob to banker’s home in suburban Maryland [Volokh and more, earlier]
- “Intensive Parenting Enforced: Parents Criminal Liability for Children Skipping School” [Gaia Bernstein, ConcurOp on a California bill]
- Julian Ku unimpressed with United Nations officials’ claims that Arizona immigration statute violates international civil rights law [Opinio Juris] Plus, a complaint to the Inter-American Commission on Human Rights [Kopel, Volokh] Ilya Shapiro analyzes statute’s constitutionality [Cato]
- Bill moving through Congress would force states, localities to accept unionization, arbitration for public safety workforces [Fox, Jottings] And here comes the giant federal bailout of union pension funds [Megan McArdle]
Tagged as:
Arizona,
discrimination law,
Elena Kagan,
fire departments,
immigration law,
international human rights,
Israel,
judges,
labor unions,
nastygrams,
testing
