Overlawyered » bullying http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Tyler Clementi suicide case http://overlawyered.com/2012/02/tyler-clementi-suicide-case/ http://overlawyered.com/2012/02/tyler-clementi-suicide-case/#comments Thu, 09 Feb 2012 14:12:09 +0000 Walter Olson http://overlawyered.com/?p=27493 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”]

Tags: ,

Related posts

]]> http://overlawyered.com/2012/02/tyler-clementi-suicide-case/feed/ 0 January 31 roundup http://overlawyered.com/2012/01/january-31-roundup/ http://overlawyered.com/2012/01/january-31-roundup/#comments Tue, 31 Jan 2012 05:06:21 +0000 Walter Olson http://overlawyered.com/?p=26199
  • 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]
    • Tags: , , , , , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2012/01/january-31-roundup/feed/ 2     “Does ‘Rudolph The Red-Nosed Reindeer’ Promote Bullying?” http://overlawyered.com/2011/12/does-%e2%80%98rudolph-the-red-nosed-reindeer%e2%80%99-promote-bullying/ http://overlawyered.com/2011/12/does-%e2%80%98rudolph-the-red-nosed-reindeer%e2%80%99-promote-bullying/#comments Fri, 09 Dec 2011 12:02:12 +0000 Walter Olson http://overlawyered.com/?p=26167 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]

    Tags: ,

    Related posts

    ]]>     http://overlawyered.com/2011/12/does-%e2%80%98rudolph-the-red-nosed-reindeer%e2%80%99-promote-bullying/feed/ 12     Free speech and chilling effects roundup http://overlawyered.com/2011/11/free-speech-and-chilling-effects-roundup/ http://overlawyered.com/2011/11/free-speech-and-chilling-effects-roundup/#comments Mon, 28 Nov 2011 14:49:45 +0000 Walter Olson http://overlawyered.com/?p=25775
  • “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]
    • Tags: , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/11/free-speech-and-chilling-effects-roundup/feed/ 1     Labor and employment law roundup http://overlawyered.com/2011/11/labor-and-employment-law-roundup-2/ http://overlawyered.com/2011/11/labor-and-employment-law-roundup-2/#comments Tue, 01 Nov 2011 05:18:04 +0000 Walter Olson http://overlawyered.com/?p=25344
  • 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]
    • Tags: , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/11/labor-and-employment-law-roundup-2/feed/ 0     Child welfare/protection roundup http://overlawyered.com/2011/10/child-welfareprotection-roundup/ http://overlawyered.com/2011/10/child-welfareprotection-roundup/#comments Wed, 05 Oct 2011 05:10:14 +0000 Walter Olson http://overlawyered.com/?p=24879
  • 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]
    • Tags: , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/10/child-welfareprotection-roundup/feed/ 2     Prosecutions in Phoebe Prince school-bullying case sputter out http://overlawyered.com/2011/05/prosecutions-in-phoebe-prince-school-bullying-case-sputter-out/ http://overlawyered.com/2011/05/prosecutions-in-phoebe-prince-school-bullying-case-sputter-out/#comments Mon, 09 May 2011 05:07:56 +0000 Walter Olson http://overlawyered.com/?p=22917 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]

    Tags:

    Related posts

    ]]>     http://overlawyered.com/2011/05/prosecutions-in-phoebe-prince-school-bullying-case-sputter-out/feed/ 2     April 18 roundup http://overlawyered.com/2011/04/april-18-roundup-2/ http://overlawyered.com/2011/04/april-18-roundup-2/#comments Mon, 18 Apr 2011 05:11:58 +0000 Walter Olson http://overlawyered.com/?p=22558
  • 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]
    • Tags: , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/04/april-18-roundup-2/feed/ 0     April 4 roundup http://overlawyered.com/2011/04/april-4-roundup-4/ http://overlawyered.com/2011/04/april-4-roundup-4/#comments Mon, 04 Apr 2011 13:40:04 +0000 Walter Olson http://overlawyered.com/?p=22347
  • 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]
    • Tags: , , , , , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/04/april-4-roundup-4/feed/ 3     “Why Workplace Bullying Should Be Legal” http://overlawyered.com/2011/03/why-workplace-bullying-should-be-legal/ http://overlawyered.com/2011/03/why-workplace-bullying-should-be-legal/#comments Mon, 28 Mar 2011 15:39:41 +0000 Walter Olson http://overlawyered.com/?p=22297 Evil HR Lady is being eeeevil again.

    Tags: ,

    Related posts

    ]]>     http://overlawyered.com/2011/03/why-workplace-bullying-should-be-legal/feed/ 10