David Ingram, National Law Journal:
The New York-based Center for Justice and Democracy, which describes its mission as “protecting our civil justice system,” released a statement calling Obama’s remarks “disgusting” because many proposed changes would affect cases with merit. “The Republican proposals would weaken the legal rights of sick and injured patients and lessen the accountability of incompetent doctors and unsafe hospitals,” the statement said.
I haven’t seen a direct link to the “disgusting” statement yet, only the NLJ/Legal Times coverage, so I’ll try not to jump to conclusions. (Update: link here, h/t gitarcarver). But I’ve wondered before whether the tone taken by the misnamed Center for Justice and Democracy is so harshly abrasive and shrill that it actually alienates the sorts of centrists and moderate liberals that its trial-lawyer constituency should be trying to win over. Earlier on CJD here, here, here, here, etc.
Tagged as:
Barack Obama,
litigation lobby,
medical malpractice
- More commentary on Obama regulatory initiative [Federal News Radio with quotes from Cass Sunstein, Diana Furchtgott-Roth, Steven Malanga, David Harsanyi, Carter Wood/ShopFloor, Iain Murray, Lammi/WLF, earlier]
- Corporate governance buffs will want to check out new Proxy Monitor website from Manhattan Institute which includes a database of shareholder resolution activity at the 100 largest public companies [Jim Copland/Point of Law (some early empirical findings), Bainbridge ("This is going to be a great resource for anyone interested in shareholder activism"), ShopFloor]
- Lawyer solicits subway blizzard strandees. OK under NY rules? [Turkewitz]
- California reform ideas: “A Modest Proposal For Fixing Proposition 65″ [Cal Biz Lit] “A Better Consumer Legal Remedies Act” [same]
- Proposed criminal prohibition on doctors’ questioning patients about guns “would violate the First Amendment, as well as just being a lousy idea” [Volokh]
- Oldest federal bench ever — and the problems that can cause [Joseph Goldstein, Slate]
- Attention “payday lending” critics: “Lawsuit Loans Add New Risk for the Injured” [NY Times, Kenneth Anderson, California Civil Justice; defenses of champerty/litigation finance from Larry Ribstein and Stephen Gillers]
- Wisconsin student sues unsuccessfully over summer homework requirement for pre-calculus class [six years ago on Overlawyered]
Tagged as:
Barack Obama,
California,
chasing clients,
First Amendment,
judges,
litigation finance,
Manhattan Institute,
New York,
Prop 65,
Securities and Exchange Commission
I’ve got a post up at Cato at Liberty expressing some doubts about the President’s new talk of smarter regulation. Stuart Shapiro points out that the “only truly new thing in” the regulatory reform package, the greater publicity that will be given to enforcement records, “could be somewhat revolutionary in its ability to force regulatory compliance.” From a perspective diametrically opposed to mine, Rena Steinzor confirms that the only example Obama gave of actual excessive regulation reversed on his watch — the former classification of saccharin as hazardous waste — is of at most trivial significance (& welcome Matthew Continetti/Weekly Standard, Frum Forum, Aaron @ Patterico, Point of Law, AllahPundit, ShopFloor readers).
Tagged as:
Barack Obama,
Environmental Protection Agency,
Superfund
And a choice quote (New York Times via Taranto) on how the legal system disposes of it all:
“If the administration gets it wrong, we’re looking at years of litigation, legislation and public and business outcry,” said a senior administration official who asked not to be identified so as not to provide an easy target for the incoming Republicans. “If we get it right, we’re facing the same thing.”
Tagged as:
Barack Obama,
climate change,
Environmental Protection Agency,
global warming
“A child nutrition bill on its way to President Barack Obama — and championed by the first lady — gives the government power to limit school bake sales and other fundraisers that health advocates say sometimes replace wholesome meals in the lunchroom.” [Associated Press]
Tagged as:
Barack Obama,
nanny state,
obesity,
schools
“US admits human rights shortcomings in UN report” [AP] Not to get too far ahead of the game, but the enthusiasm of legal academia for the international human rights movement is one of the major themes of my forthcoming Schools for Misrule, and the fruits of that movement — including the United Nations’ new “periodic review” procedure, by which it scrutinizes ours and other nations’ human rights records — figure prominently in the narrative.
More: Michael Cannon at Cato notes that the Obama administration cited, as evidence of the nation’s human rights progress, its enactment of “legislation that threatens U.S. residents with prison if they fail to purchase health insurance.”
Tagged as:
Barack Obama,
international human rights,
Schools for Misrule,
United Nations
- Judge bans $1.35 billion sugar beet crop for lack of environmental impact statement [NY Times]
- Brennan Center, Justice at Stake attracting attention with new report on money in state court judicial races [report in PDF, Kang/ConcurOp]
- Obama signs “libel tourism” bill into law [Levy, CL&P]
- “Zach Scruggs claims new evidence clears him” [Patsy Brumfield, NE Mississippi Daily Journal via YallPolitics]
- Second Circuit panel blasts 1980s abuse-accusation panic in ruling on Friedman case [opinion via NYT and Bernstein/Volokh]
- Famed Cincinnati lawyer Stanley Chesley may face disciplinary action before Kentucky bar over role in fen-phen scandal [Courier-Journal via Dan Fisher and PoL]
- Sexual harassment verdict against California casino “amounts to 2/3 of the company’s net worth” [Fox, Jottings]
- Every White House needs to hire some partisan brawlers. But with “ethics czar” duties? [Matt Welch, Reason]
Tagged as:
Barack Obama,
child abuse,
damages,
Dickie Scruggs,
environment,
ethics,
harassment law,
judicial elections,
Kentucky fen-phen settlement fraud,
libel slander and defamation,
Stan Chesley
- “Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]
- How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]
- Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]
- DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]
- “Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]
- Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.
- Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]
- Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]
Tagged as:
asbestos,
bankruptcy,
Barack Obama,
baseball,
baseball bats,
child support,
contingent fee,
copyright,
Fred Baron,
New York,
politics,
privacy,
schools,
shotgun defendant selection
I suppose I’ll need to make this a regular feature as Schools for Misrule gets closer to publication:
- “The Wit, Wisdom, & Worthlessness of Law Reviews” [Gerald Uelmen, California Lawyer via Law School Innovation] Maybe courts aren’t ignoring them after all? [Yung, ConcurOp]
- History as advocacy: why one scholar would never sign onto a “Historians’ Brief,” even if he agreed with its contents [Gerard Magliocca, ConcurOp]
- Will new ABA accreditation standards require law schools to affirm a particular ideological line on diversity preferences? [Bernstein, Volokh]
- New Brian Tamanaha book on formalism/realism reviewed [Stanley Fish, NYT "Opinionator"]
- University of North Texas plans: “How To Sell a Law School to Texans” [Mystal, AtL]
- Survey of (some) law professors’ salaries: Michigan seems a little high, no? [Collegiate Times via Josh Blackman]
- Fights break out over Louisiana, Maryland law school clinics: profs call tune, state taxpayers pay piper. Something wrong with that picture? [Bill Araiza, Prawfs, NLJ, NYT, Legal Profession Blog, Adler/Volokh, Steele/Legal Ethics Forum]
- Not very up to date, but still worth a look: long (and left-leaning) list of law profs who’ve joined the Obama administration [Hunter via Barnett, Volokh]
Tagged as:
bar associations,
Barack Obama,
law schools,
Michigan,
Texas
Some were expecting the prominent law professor to make more of a public splash as the Obama administration’s regulatory czar. Tim Mak at FrumForum looks into why that hasn’t happened, and one of the observers whose opinions he quotes is me.
Tagged as:
Barack Obama,
Cass Sunstein
If blogging has been lighter than usual, one reason is that I’ve been racing forward on my new book on law schools and their influence, tentatively entitled Schools for Misrule: Legal Academia and an Overlawyered America, which is in the catalogue for Winter/Spring (a year hence) from Encounter Books. I reached first draft in December and am rapidly whipping that rough copy into something closer to final shape.
My original nickname for the book was Ten Bad Ideas from the Law Schools — and How They Changed The World. We decided to go with something a little more dignified, but the book still tries to answer the underlying question of why so many bad ideas — and certain kinds of bad ideas, especially — keep emerging from the law schools. Along the way it looks at some sociological and political angles, such as why modern liberal-left leadership so often is formed in the elite law school milieu (Barack Obama, Bill and Hillary Clinton, etc.) Then it takes up a series of issues — from institutional reform litigation and school finance to slavery reparations and international law — in which legal academia has led campaigns to challenge and redefine the nature of government sovereignty, with consequences that have been usually unforeseen and sometimes calamitous.
I’ll be blogging more on all those points over the coming year, but in the mean time I’ve got a request (“bleg” = blog request, or begging post) for this site’s well-informed readers. One of my chapters takes up the now-ubiquitous phenomenon of law school clinics in which students represent outside clients, sometimes in “cause” litigation and sometimes not. I trace the origins of this movement (a big philanthropic push from the Ford Foundation made the difference), the resistance it met from law-school traditionalists and its eventual triumph, as well as some of its present-day manifestations, which are not always those foreseen by the circa-1970 visionaries who started the programs. The chapter is pretty good as is, I think, but I’d like to add a little more illustrative detail about the clinics, especially vignettes from the early years shedding light on what it was expected they would accomplish in changing society (a subject that isn’t as well documented on the web as I’d like). Responses can be made in comments or by email to editor – at – overlawyered – dot – com. (And, yes, I’ve already read Heather Mac Donald’s interesting City Journal critique and some of the responses it provoked.) (& welcome Instapundit readers. Numerous good emails from readers already).
Tagged as:
Barack Obama,
law schools,
Schools for Misrule
- Many of our readers liked the ruling, but someone didn’t: “Judge censured for ordering class-action lawyer to take pay in $125,000 worth of gift-cards” [BoingBoing, ABA Journal, Leonard/L.A. Times, Lowering the Bar]
- “NFL Concedes In Who Dat Battle” [Lowering the Bar, more, earlier; here's a protest t-shirt, and more on those]
- Some plaintiff’s lawyers give their side of the story, disputing fraud allegations in Dole banana-worker pesticide cases [Bronstad, NLJ, earlier]
- “Google Blog Bundle — 42 criminal defense blogs” [Mark Bennett] And while you’re at it, why not take a moment right now to put Overlawyered in your RSS blog reader?
- Massachusetts hardball: state lawmaker says private law schools might be breaking antitrust laws in working to oppose state school proposed in his district [ABA Journal via Above the Law; public law school plan OK'd]
- Making the rounds: why medieval trial by ordeal may not have been so crazy after all [Peter Leeson, Boston Globe and full paper (PDF) via Volokh]
- “Rothstein E-Mails Reveal Role of Former Plaintiffs’ Lawyer” [Brian Baxter, AmLaw Litigation Daily]
- Obama: I tried to reach across aisle on medical liability reform but GOP wasn’t nibbling. Fact check please [Wood, PoL]
Tagged as:
antitrust,
banana pesticide litigation fraud,
Barack Obama,
class action settlements,
coupon settlements,
football,
law schools,
Massachusetts,
medical malpractice,
Scott Rothstein,
Super Bowl