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Barack Obama

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.

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January 21 roundup

by Walter Olson on January 21, 2011

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).

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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.”

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Advocates of “environmental justice” rally at the White House, and are given the ear of no fewer than five cabinet officers as well as other high Obama Administration officials. [Carter Wood/ShopFloor, more]

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“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]

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Ready, set, cringe

by Walter Olson on August 25, 2010

“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.”

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August 19 roundup

by Walter Olson on August 19, 2010

  • 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]

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August 12 roundup

by Walter Olson on August 12, 2010

  • “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]

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Legal academia roundup

by Walter Olson on August 3, 2010

I suppose I’ll need to make this a regular feature as Schools for Misrule gets closer to publication:

Except when they are [Sullum, Reason] Why the DISCLOSE Act failed [Samples, Cato, earlier here, here]

“Lawyering up”

by Walter Olson on June 7, 2010

John Steele takes a look at this interestingly pejorative phrase, which President Obama used in criticizing BP over its spill response. [Legal Ethics Forum]

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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.

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“Among other things, Taitz has had trouble proving that she has standing to pursue these cases, mainly because she doesn’t.” [Lowering the Bar]

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Orin Kerr explains.

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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).

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Law professor Ann Althouse reacts to a Sarah Palin-ism.

February 3 roundup

by Walter Olson on February 3, 2010