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Canada

April 15 roundup

by Walter Olson on April 15, 2014

  • “Nullification” a non-starter, but states do have ways to resist federal encroachment [Amy Pomeroy, Libertas Utah, with podcast] Passport to Baraboo? State GOP resolutions committee backs “Wisconsin’s right, under extreme circumstances, to secede.” [Milwaukee Journal-Sentinel]
  • Flawed forensics: “DUI expert pleads no contest to perjury charges, gets house arrest and probation” [PennLive]
  • “Insurance: The Musical” turned out to be an April Fool’s, a pity since I was looking forward to the actuary production number [Insurance Journal, but see (David Skurnick, "Cut My Rate," set in California Insurance Department) and more ("The Sting")]
  • Executive power grab? New F.H. Buckley book on “The Rise of Crown Government in America” [Tyler Cowen, with Canada comparison]
  • My appearance on Anne Santos’s radio show discussing lawsuit culture [KNTH]
  • If General Motors objects to direct consumer sales freedom for Tesla, perhaps the answer is to set GM free too [Dan Crane, Truth on the Market; James Surowiecki/New Yorker, Adam Hartung via Stephen Bainbridge]
  • James Maxeiner on the Federal Rules of Civil Procedure after 75 years [Common Good]

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How a ruling by the Supreme Court of Canada expanding defenses in defamation law emboldened reporters and made possible tough press coverage of the Toronto mayor [Ivor Tossell, Walrus Magazine]

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A court in British Columbia, Canada, has declined to reduce a plaintiff’s damages on the theory she could have alleviated symptoms after a collision by using medical marijuana but didn’t. [Erik Magraken] More: Ron Miller.

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Law schools roundup

by Walter Olson on February 19, 2014

  • No shock there: “Law Profs Oppose ABA Proposal to Eliminate Tenure as Accreditation Requirement” [NLJ via Paul Caron/TaxProf, related]
  • Teresa Wagner hiring suit against U. of Iowa law school on appeal to Eighth Circuit [Daily Iowan, quotes me; Caron; earlier]
  • Scalia: “truly appalling” most students at elite law schools not asked to read Federalist Papers [Chicago Sun-Times] Do “wacky” offerings at such schools necessarily sound so wacky? [Elie Mystal, Above the Law]
  • Canada’s first evangelical law school wins approval, backed by civil libertarians, over objections centering on its no-nonmarital-sex pledge [Vancouver Sun, MacLean's, related, earlier]
  • “Self-Interest and Sinecure: Why Law School Can’t be ‘Fixed’ From Within” [David Barnhizer (Cleveland State), via Caron]
  • “Intellectual Diversity and the Legal Academy,” conference by Harvard Federalist Society now online [Harvard JLPP]
  • Tonight (Wed.) at 7:30 I’m scheduled to join Al-Jazeera America’s “The Stream,” hosted by Lisa Fletcher with Wajahat Ali, to discuss the state of law schools, with Profs. Paul Campos (Colorado) and Gillian Hadfield (USC). Tune in!

Farm and food roundup

by Walter Olson on February 18, 2014

National Post via Free-Range Kids:

A Hamilton, Ont., mother has filed a human rights complaint against her daughter’s elementary school, claiming it discriminated against the six-year-old for failing to accommodate her life-threatening allergy to eggs and dairy. The case … seeks to ban milk products and eggs from her daughter’s school.” …

Ms. Glover wants the allergens removed from the school, and school and board staff get human rights training. She wants to “bring to light the fact that children have the right to a barrier free education.”

“Anything short of that is discrimination,” she says.

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December 18 roundup

by Walter Olson on December 18, 2013

  • California judge tells three large companies to pay $1 billion to counties under highly novel nuisance theory of lead paint mostly sold long ago [Business Week, The Recorder, Legal NewsLine, IB Times]
  • Coincidence? California given number one “Judicial Hellhole” ranking in U.S. Chamber report, followed by Louisiana, NYC, West Virginia, Illinois’ Metro-East and South Florida [report in PDF; Daniel Fisher/Forbes (& thanks for mention of Overlawyered), Legal NewsLine]
  • Frivolous ethics charge filed by Rep. Louise Slaughter, Common Cause and Alliance for Justice against Judge Diane Sykes over Federalist Society appearance is quickly dismissed [Jonathan Adler]
  • On heels of San Antonio Four: “Texas pair released after serving 21 years for ‘satanic abuse’” [Guardian, Scott Greenfield]
  • White House delayed onerous regulations till after election; Washington Post indignant about the delay, not the regs [WaPo, Thomas Firey/Cato]
  • “GM vs Bankruptcy – How Autoworkers Became More Equal Than Others” [James Sherk, Bloomberg]
  • According to one study, North America’s economically freest state isn’t a state, but a Canadian province [Dan Mitchell]
  • “If you thought it wasn’t possible to lower the bar for lawyer advertising, of all things, you were wrong.” [Lowering the Bar, first and second round]

“The man who sued the Dominican Republic because it rained during his vacation has been labeled a ‘quarrelsome litigant’ by a Quebec judge. … Court of Quebec Justice Diane Quenneville ruled last month that ‘the court has no hesitation to conclude that Leduc is abusing the justice system.’” [QMI/Canoe.ca]

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“There’s plenty of money. The problem is interminable environmental review.” That’s Philip K. Howard in the Wall Street Journal [summarized here; related Common Good forum with Regional Plan Association] Excerpt:

Canada requires full environmental review, with state and local input, but it has recently put a maximum of two years on major projects. Germany allocates decision-making authority to a particular state or federal agency: Getting approval for a large electrical platform in the North Sea, built this year, took 20 months; approval for the City Tunnel in Leipzig, scheduled to open next year, took 18 months. Neither country waits for years for a final decision to emerge out of endless red tape.

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Vancouver bans doorknobs

by Walter Olson on November 21, 2013

In the name of so-called universal design — a much-promoted theory that disabled-accessibility features should be designed into all structures, public or private, from the start — Vancouver is adopting building code changes that prohibit use of doorknobs in favor of levers and other mechanisms that are more easily used by the handicapped and elderly. While the ban will apply only to new construction, the city has already deferred to the new thinking by replacing the ornate doorknobs in its Art Deco-era City Hall. Building experts see doorknob bans in private housing construction as likely to spread in the years ahead. [Vancouver Sun] Perennial Overlawyered bete noire Rep. Jan Schakowsky (D-Ill.) has in recent Congresses introduced something called the Inclusive Home Design Act which would mandate some accessibility features in all federally assisted newly constructed housing units.

More: “Vancouver Banned Doorknobs. Good,” writes Colin Lecher at Popular Science. Because the less diversity and private choice and historical continuity, the better.

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Food roundup

by Walter Olson on November 8, 2013

Apparently following a complaint from a local restaurateur, provincial authorities have cracked down on a pay-what-you-can informal supper club organized by High River resident Paula Elliot. “AHS shut her down … informing her they don’t approve of people sharing food. They were equally heavy handed when she tried to give away edibles to stranded flood refugees at evacuation centers.” [Jen Gerson, National Post]

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An old, old story, as sudden riches furnish grounds for competing stories about what happened. The two aren’t speaking now. [Toronto Sun; many stories about disputes over lottery tickets are found at our lottery tag]

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October 14 roundup

by Walter Olson on October 14, 2013

  • “Kerr received a 37-page temporary restraining order last Friday which seeks to shut down her [too-popular] haunted house.” [Silver Spring, MD; ABC News]
  • Blockbuster “60 Minutes” on the federal Social Security disability program, if you haven’t seen it yet [CBS; Chris Edwards, Tad DeHaven at Cato; ABA Journal on Kentucky lawyer and more]
  • Chevron complaint against attorney Donziger over Ecuador shenanigans reaches trial Tuesday [Daniel Fisher] More: Michael Goldhaber, American Lawyer (“A Dickensian Cheat Sheet”);
  • Ombudsman on South Dakota Indian foster care case: NPR “reporters and producers tried to push the story beyond the proof that they had. I don’t know why.” [NPR ombudsman]
  • In America we use lawyers for that: “Rabbis Arrested in Plot to Kidnap, Torture Husbands to Force Divorce” [WSJ, CNN] From 1845, a British judge’s exquisitely arch observations on the then state of divorce law [Sasha Volokh]
  • “Salvage company that lost $600M sunken ship case must pay $1M to Spain for ‘abusive litigation’” [ABA Journal]
  • How Canada lost gun freedom [Pierre Lemieux, Liberty and Law]

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September 23 roundup

by Walter Olson on September 23, 2013

  • Drunk driver leaves road, hits power pole, Washington high court allows suit against property owner to proceed [Lowman v. Wilbur, PDF]
  • State attorneys general pressure clothing maker to drop t-shirts with drug names [ABA Journal, related earlier]
  • More transparency needed in Child Protective Services [Reason TV] One lawyer’s critique of CPS [Laurel Dietz, Straight (Vancouver)]
  • While aspiring to nudge us into more farsighted financial practices, government has trouble staying out of dumb bond deals itself [Coyote, and more (Detroit)]
  • You can care about safety but still think some speed limits are set too low [Canadian video on Jalopnik]
  • Trial lawyers aim to extend to Indiana their Idaho victory over “Baseball Rule” on spectator liability [NWIT, earlier here, here, here, etc.]
  • New “fair-housing” assessment and planning process propels federal government into social engineering [IBD editorial via AEI Ideas, HUD]

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Free speech roundup

by Walter Olson on August 21, 2013

  • Chicago-area bus company keeps menacing customer-critics with lawsuits [Coyote]
  • Some government officials want a say in who owns newspapers [Ira Stoll on Hartford Courant/Koch story] Using public apparatus to squelch political adversaries not exactly something new in America [David Beito on New Deal episodes]
  • Barbarity: “Saudi Court Condemns Editor to 600 Lashes With Breaks” [Bloomberg ("insulting Islam"), Volokh]
  • Scheme backed by many state AGs to roll back websites’ immunity for content posted by visitors “could singlehandedly cripple free speech online” [ACLU, earlier]
  • Attention enemies of Ken at Popehat: even if you can find your bus pass you’ll still need to withstand his cat squirt bottle [Popehat; another speech case there (censorious bell can't be unrung) and yet another (bogus DMCA notice)]
  • State law providing that persons with erased records are “deemed never to have been arrested” never meant to muzzle discussion of arrests [Eugene Volokh]
  • Nova Scotia: “cyberbullying legislation allows victims to sue” [CBC]
  • Litigious anti-feminist loses case alleging that Manhattan club’s expensive bottle service for old men, free drinks for young women violate bias law [NY Mag, NYDN]
  • “Hospital cannot ban all service animals from psych ward, federal judge rules” [ABA Journal] “New Yorkers use bogus ‘therapy dog’ tags to take Fido everywhere” [NY Post via Althouse]
  • Canada: foes seek to prevent opening of evangelical law school in B.C. [CBC, Jonathan Kay/National Post, Globe and Mail editorial, TaxProf]
  • Related: broad religious exemptions in anti-bias law make good complement to same-sex marriage [Ilya Shapiro/Cato, my take] Gay couples must also live and let live, or else liberty is in for some cake wrecks [Bart Hinkle, Richmond Times-Dispatch]
  • Hiring based on IQ testing: widely regarded as legally suspect, but mostly tolerated in practice? [Bryan Caplan]
  • “‘Borgata Babes’ lose weight bias suit; judge says casino policy was legal” [ABA Journal, earlier]
  • 2009 expansion of federal hate-crimes law headed for a court challenge? [Josh Gerstein, Politico]

Ethics roundup

by Walter Olson on August 13, 2013

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