It launched a hundred “anti-bullying” initiatives at all levels of government, but much of what you think you know about it is probably wrong [Andrew Sullivan on Ian Parker, New Yorker](& Hans Bader, CEI “Open Market”]
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Posts tagged as:
bullying
Tyler Clementi suicide case
by Walter Olson on February 9, 2012
January 31 roundup
by Walter Olson on January 31, 2012
- Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
- “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
- Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
- Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
- Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
- Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
- Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]
Tagged as: airlines, asbestos, Baltimore, Barack Obama, bullying, California, deep pocket, juries, Newt Gingrich, RightHaven, taxes, Tillinghast, toxic torts
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“Does ‘Rudolph The Red-Nosed Reindeer’ Promote Bullying?”
by Walter Olson on December 9, 2011
No wonder a Long Island University professor thinks so: the Christmas ditty spins a grim account of name-calling and game-exclusion and then gives it all an inappropriately “happy” conclusion, thus distracting us from the need for massive therapeutic and social intervention. [KDKA](& Althouse)
P.S. And let’s not even get into “Baby It’s Cold Outside,” “known as the Christmas Date Rape Song” [Ann Althouse]
Tagged as: bullying, Christmas and other holidays
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Free speech and chilling effects roundup
by Walter Olson on November 28, 2011
- “Stamp Out Online Misogyny?” [Wendy Kaminer, Brendan O'Neill]
- Jacob Mchangama of Danish think tank CEPOS on blasphemy laws and Islam-critical speech [Nov. 4 FedSoc., PDF]
- Niall Ferguson to sue LRB scribe? “If he won’t apologise for calling me a racist, I will persecute him until he does” [Guardian; more, Atlantic Wire] New York judge quashes subpoena seeking to identify anonymous bloggers in rabbi-defamation suit [Paul Alan Levy]
- “If bullying has gone down, how can it be a pandemic?” By broadening its definition to include such behaviors as “eye-rolling” and pointed non-invitation [Hans Bader/Examiner, Neal McCluskey/Cato]
- “I strongly recommend an umbrella policy for all bloggers. Defending myself cost nearly $100,000, thankfully paid by insurance.” [@DianaHsieh]
- Federal crime under CFAA to lie on the internet? [Kerr, more, yet more, Balko]
- “Will Canada Repeal its Hate Speech Law?” [Peter Worthington, Frum Forum]
Tagged as: bullying, free speech, free speech in Canada, hate speech, libel slander and defamation, online speech
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Labor and employment law roundup
by Walter Olson on November 1, 2011
- Ohio vote looms on Wisconsin-style public labor reform [NRO Corner, Columbus Dispatch, Atlantic Wire, Buckeye Institute "S.B. 5", Brian Bolduc/NRO]
- Florida lawmaker proposes leave for some employees with domestically abused pets [Eric Meyer]
- UK proposal: let employers have frank talks with underperforming workers without fear of liability [Telegraph]
- “Wisconsin legislation could restrict punitive damages for job bias” [AP]
- No, your mover can’t enter the building: a Chicago lawyer encounters union power [Howard Foster, Frum Forum] An insider’s game: “Two teachers union lobbyists teach for a day to qualify for hefty pensions” [Chicago Tribune]
- Alternatively, we might just want to go back to freedom of contract: “An employer’s bill of rights” [Hyman]
- Michael Fox on “Healthy Workplace Act” proposal creating rights to sue over on-job bullying [Jottings]
- Feds put employer use of “independent contractors” under microscope [Omega HR] FLSA risks to employer of using unpaid interns [SmartHR]
- A bit of health care deregulation from Obama [Tyler Cowen] Related on nurse practitioners: [Goodman]
Tagged as: bullying, Chicago, labor unions, wage and hour suits, Wisconsin, workplace
Child welfare/protection roundup
by Walter Olson on October 5, 2011
- Oh, American Academy of Pediatrics, why are you so consistently wrong? On videogames, on food-ad bans, on guns, CPSIA…
- New book by Annette Fuentes, Lockdown High: When the Schoolhouse Becomes a Jailhouse [John Harris, Guardian]
- There are genuine problems with some countries’ international adoption practices, but should UNICEF really be pushing toward a “leave the kids in orphanages” alternative? [Nick Gillespie on Reason documentary to be released tomorrow]
- At expense of both federalism and religious accommodation, bill entitled “Every Child Deserves a Family Act” (ECDFA) would impose anti-bias rules on state adoption and foster care programs [Washington Blade]
- Cash-for-kids Pennsylvania judge: “Former Luzerne judge Conahan sentenced to 17.5 years” [Times-Tribune, our earlier coverage]
- “Met a guy who works at my old summer camp. Bunks still do raids on other bunks, but their counselors have to file raid forms first. How sad.” [@adamlisberg]
- Sex offender registry horror story #14,283 [Skenazy]
- “Safety rules rob pupils of hands-on science, say MPs” [Independent, U.K.]
- Gee, who could’ve predicted that? NJ’s aggressive “anti-bullying” law leads to new problems [NYT, Greenfield, PoL, NJLRA] Rapid growth in bullying law assisted by push from Obama administration [WSJ Law Blog, Kenneth Marcus/Federalist Society, Bader]
Tagged as: bullying, child protection, CPSIA, family law, guns, recreation, science and scientists, United Nations, zero tolerance
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Prosecutions in Phoebe Prince school-bullying case sputter out
by Walter Olson on May 9, 2011
Not long ago advocates were promoting the South Hadley, Mass. school-suicide case as a chance to break new ground in sending teens to prison for verbal bullying, but now the cases have eventuated in probation, perhaps assisted by journalistic efforts that showed the events rather more complicated than first presented in the press [Boston Globe]
Tagged as: bullying
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April 18 roundup
by Walter Olson on April 18, 2011
- Time to put teeth back into sanctions: more on reintroduction in Congress of LARA, the Lawsuit Abuse Reduction Act [Wajert, Wood, more, earlier]
- RFK-Jr.-&-friends watch: Environmentalists wrangle in court over “keeper” monicker [Coleman]
- More on Chicago school that bars home-brought lunches [Adler, Welch, earlier]
- Definition of “cyber-bullying” in newly passed Arkansas bill could imperil legitimate speech [Volokh] Related: Harvey Silverglate video.
- Thoughts on a new Hungarian constitution [Ilya Shapiro, Cato at Liberty]
- Court reveals Righthaven’s operating agreement with client newspaper chain [Legal Satyricon, PaidContent, Las Vegas Sun]
- Cops: Ohio man stole gavel from judge [Lorain Chronicle-Telegram, Smoking Gun]
Tagged as: Arkansas, bullying, constitutional law, RightHaven, Robert F. Kennedy Jr., sanctions
April 4 roundup
by Walter Olson on April 4, 2011
- Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law]
- Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in Washington, D.C. really consider introducing such a destructive system? [Perry, more]
- Workers’ comp OK’d in case where simulated chicken head blamed for subsequent emotional disability [Lowering the Bar]
- “NBA referee sues sports writer over tweet” [Siouxsie Law] “Lessons from Dan Snyder’s Libel Suit” [Paul Alan Levy/CL&P, earlier]
- Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
- “Federal Government Wants to Bully School Bullies, and Demands School Help” [Doherty, Bader, Popehat, Bernstein] New York law firm launches school-bullying practice [Constitutional Daily]
- Mass tort settlements: “The market for specious claims” [S. Todd Brown, Buffalo, SSRN]
- Could Gene McCarthy’s candidacy have survived Arizona elections law? [Trevor Burrus, HuffPo]
Tagged as: Alex Kozinski, bullying, campaign regulation, emergency medicine, libel slander and defamation, mass tort fraud, nursing homes, NYC, sports, sued if you do, Texas, Twitter, workers' compensation
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“Why Workplace Bullying Should Be Legal”
by Walter Olson on March 28, 2011
Criminal charges for spitballs in school
by Walter Olson on February 5, 2011
Most striking part of this Spotsylvania County, Va. story:
Capt. Liz Scott [of the] Spotsylvania Sheriff’s Office says while Mikel’s punishment [and misdemeanor assault charges] may be controversial, “assault is assault is assault.”
“There were three victims that were involved in this, and I think the public needs to remember that,” Scott told FoxNews.com.
Scott said those victims, two females and one male, complained of feeling a “pinch” or “sting” when they were hit with the pellets and one even had a welt on her arm as result.
Perpetrator Andrew Mikel II is 14 years old. In other school and zero-tolerance news, police in Hammonton, New Jersey have charged a 7-year-old for bringing a Nerf-style toy gun to class [NBC Philadelphia] A lawmaker in Hawaii is proposing to ban the sale of squirt guns to minors [Free-Range Kids] A St. Lucie County, Florida kindergartener who was “voted out” of his classroom by fellow students at his teacher’s suggestion has won a $350,000 settlement. [TCPalm/Orlando Sentinel] And lawsuits by parents against school districts over alleged bullying of kids are said to be burgeoning in Florida [Orlando Sentinel]
Tagged as: bullying, guns, schools, Virginia, zero tolerance
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January 12 roundup
by Walter Olson on January 12, 2011
- Merger objections: “First Comes the Deal Announcement, Then Comes the Lawsuit” [WSJ Law Blog]
- Harvey Silverglate on campus “anti-bullying” bill [Forbes]
- Anna Nicole Smith case could empower bankruptcy judges, encourage forum-shoppers [Michael J. Wade, Examiner]
- “Family Business Wins Same Lawsuit Twice, Now Faces It For the Third Time” [Mike LePage, U.S. Chamber ILR]
- “I’ll Never File Another Asbestos Case in Texas” [Oliver]
- Financial whistleblowing rules a potential “gold mine”? [WSJ Law Blog, Wood/PoL, Robert Shattuck on SEC comment process]
- “Device lag at the FDA” [Tabarrok]
- Cheyenne-Arapahoe tribes file land claim that includes city of Denver, but they’ll trade it for casino rights [five years ago on Overlawyered]
Tagged as: bankruptcy, bullying, FDA, forum shopping, securities litigation, Texas, whistleblowers
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Back to the campus speech code wars?
by Walter Olson on November 23, 2010
According to FIRE, the Foundation for Individual Rights in Education, an “anti-bullying” bill lately introduced in Congress would alter the definition of harassment in such a way as to give university administrations a strong incentive to punish many forms of controversial student speech, and also press those administrations to monitor students’ use of Facebook and other social media in intrusive ways. I’ve got a new post at Cato at Liberty relaying some of the warnings (welcome Instapundit and Fark readers).
Tagged as: bullying, colleges and universities, Facebook, harassment law, social media
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Great moments in lawyer TV advertising: “BullyLawyer.com”
by Walter Olson on October 18, 2010
Schiro & Zarzynski, Wisconsin:
Via Asylum.com’s selection of “10 Hilariously Awful Television Commercials for Lawyers”, which includes one or two others we haven’t featured here before.
Tagged as: bullying, chasing clients, Wisconsin
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Criminalizing school bullying
by Walter Olson on October 15, 2010
A former “omega male” offers a dissent. [Elie Mystal, Above the Law] More: the boycott.
Tagged as: bullying
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October 7 roundup
by Walter Olson on October 7, 2010
- Lawsuit of the Day: Partner Booted From Three Firms Sues ‘Em All! [Legal Blog Watch]
- Drawing wrong lessons from the Rutgers suicide [Greenfield and more (proposed "Tyler's Law"), John Schwartz/NYT (quoting Orin Kerr), Volokh and more, Above the Law]
- John Sullivan leaving after 15 years at helm of Civil Justice Association of California [L.A. Times]
- Maybe consumers don’t feel so victimized by overdraft “protection” after all [Bank Lawyer's Blog]
- Yes, it’s another dust-up pitting all sensible Supreme Court commentators against Dahlia Lithwick, if you like that sort of thing [Kerr, Bodie/Prawfs, Ponnuru, Frank; bonus, Richard Epstein on Erwin Chemerinsky and Hans Bader on a prize flight of Lithwick fancy]
- Blog post relatively sympathetic to Righthaven copyright trollery draws many responses [Robert Zelnick, Patently-O]
- “Should they have let the guy’s house burn down?” [Tyler Cowen; Firey, Cato]
- “Drunken man passes out, wins $850K from police” [six years ago on Overlawyered]
Tagged as: banks, bullying, Dahlia Lithwick, fire departments, online speech, RightHaven, Supreme Court
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September 2 roundup
by Walter Olson on September 2, 2010
- Elevator-injury case: “Citing Attorney’s Inflammatory Language, Court Erases Most of Jury Verdict” [Daily Business Report]
- “Obama’s zealous civil rights enforcer gets busy” [Byron York, Examiner]
- “Trend: Helicopter parents win kids in divorce” [Theresa Walsh Giarrusso, Atlanta Journal-Constitution "Momania"]
- Faculty fracas: “An Angry Professor Mounts His Own Labor Protest in Alabama” [Chronicle of Higher Ed]
- An opportunity for the Seventh Circuit to curb derivative strike suits? [CCAF]
- Emily Bazelon on Phoebe Prince school-bullying story, cont’d [Slate, earlier]
- Controversy as Louisiana governor Jindal hires longtime Overlawyered favorites Baron & Budd for BP suit [Dan Fisher, Forbes]
- “Oz: A$100K for prisoner who fell out of bed” [seven years ago on Overlawyered]
Tagged as: Alabama, bullying, closing arguments, colleges and universities, Fred Baron, Louisiana, securities litigation
August 31 roundup
by Walter Olson on August 31, 2010
- Well, that solves that problem: International Criminal Court outlaws “aggression” [Jeremy Rabkin, Weekly Standard] One contrasting view [David Bosco, Foreign Policy]
- “Attorney holds banks up to liability in ATM robberies” [Baldas, NLJ; Ted at PoL]
- New report: litigation costs to California public schools run high [California Citizens Against Lawsuit Abuse, PDF]
- “Plaintiffs Object to Deal in Anorexia Suit Claiming School Didn’t Prevent Fat Taunts” [ABA Journal]
- Attention government contractors: “Your customer wants to see how much you make” [Hodak Value]
- New Jersey med-mal reform advocates rally after state high court guts certificate-of-merit law [NJLRA, more]
- SEPTA, the Philadelphia transit authority, files trademark action against personal injury law firm [Kennerly]
- Chemicals devastating lobsters in the Northeast? Maybe not [Logomasini, CEI]
Tagged as: banks, bullying, California, international law, medical malpractice, New Jersey, Philadelphia, schools, third party liability for crime, trademarks, transit
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