- U.N. rapporteur lectures U.S. on Indian rights, calls for “some form of land restoration” [IPSNews] “So, the UN Wants the U.S. to Return Land to Indian Tribes…” [Claudia Rosett] In Chapters 10 and 11 of Schools for Misrule, I discuss the growing cooperation between Indian land-claim activists in this country and international organizations both within and without of the U.N. system. (More: I expand theme into a Daily Caller piece).
- “Union Uses NAFTA To Fight Alabama Immigration Law” [Sean Higgins, IBD]
- “UN hunger expert investigates Canada” [Hillel Neuer, National Post]“Everyone’s grievances can thus be transformed into human rights violations” [Jacob Mchangama and Aaron Rhodes, Freedom Rights Project, PDF]
- Admittedly, at a “lefty Quaker school in the Northeast”: “You know international law is getting some traction when your fourth-grader is being taught about the Convention on the Rights of the Child.” [Peter Spiro, OJ]
- New Third Circuit opinion in remanded U.S. v. Bond case, which tested limits of treaty power, could tee up issue for another SCOTUS outing [Spiro/OJ, FedSoc Blog, Liberty and Law; earlier]
- “Canada’s Much Better and Very Different Alien Tort Statute” [Ku/OJ]
- Implementation of United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) could draw inspiration from U.S. experience with institutional reform lawsuits [Michael Perlin via Bagenstos]
Tagged as:
alien,
Canada,
child,
disabled rights,
immigration law,
Indian tribes,
international human rights,
international law
A Vancouver, B.C. resident with albinism (lack of skin pigmentation) has directed a complaint to a Canadian human rights tribunal against Earls Albino Rhino beer [Ann Althouse]
Tagged as:
beer and brewers,
Canada
A British Columbia court has allowed a suit to proceed arguing that a government lending program which included inspection of the property to be renovated could incur a duty to third persons who might later fall on a staircase whose faults allegedly would have been detected had inspection not been negligent. [Erik Magraken; Benoit v. Banfield]
Tagged as:
Canada,
mortgages,
real estate,
slip and fall
The trouble began at school in Kitchener, Ontario, when a 4-year-old girl drew a picture of her father, Jessie Sansone, with a gun in his hand. When asked about the gun in the picture, according to police, the girl said her siblings played with it and that it scared her. “The school principal, police and child welfare officials… said they had to investigate to determine whether there was a gun in Sansone’s house that children had access to.” And apparently that “investigation” had to involve detaining and strip-searching Sansone when he showed up at school to pick up his daughter, searching his home, and spiriting away his other children to Family and Children’s Services to be interviewed. Sansone was told he was being charged with possession of a firearm — from the article’s context, an offense in itself in that Second-Amendment-less locality. When police searched the Sansone home, they found “a clear plastic toy gun that shoots soft plastic biodegradable BBs and retails for around $20 at Walmart” and he was released without charges. [The Record; Joe O'Connor, National Post]
Tagged as:
Canada,
child protection,
guns
- Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
- NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
- “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
- Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
- Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
- Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
- Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)
Tagged as:
Canada,
climate change,
discovery,
environment,
global warming,
Hawaii,
humor,
illegal drugs,
jury selection,
low-speed auto collisions,
Nevada,
North Dakota,
oil industry,
patent litigation,
politics,
Senate,
United Kingdom,
Wisconsin
- Judge blocks California budget cuts re: in-home services for disabled [Mercury News]
- Media exploited her daughter for titillation, claims suit by mother of “Toddlers & Tiaras” star [Above the Law]
- Narrower definition of autism ahead? [Althouse]
- “Police Charge Canadian Blogger With Criminal Libel for Criticizing the Police” [Sullum, Popehat]
- Prince George’s County, Maryland, wants to ban liquor deliveries; no harm linked to them, but you can’t be too sure [Ben Giles, Washington Examiner] Centers for Disease Control’s curious definition of “binge” drinking [Sullum]
- The law of authors’ liability for inaccurate memoirs [Mark Fowler, Rights Of Writers; earlier here, etc.]
- “Diagnosing Liability: The Legal History of Posttraumatic Stress Disorder” [Deirdre M. Smith, SSRN via TortsProf]
Tagged as:
alcohol,
autism,
Canada,
Maryland,
publishers
Toronto lawyer Michael Deverett thinks a bad guy must have followed him home from the Apple Store; at least someone smashed his hatchback car window when he stepped away for a couple of minutes and made off with what he said was a well concealed bag of new electronics purchases worth C$2,200. The company — which gave him a store credit plus a small extra for legal fees — is also facing criticism from theft victims who say it should do more to help owners retrieve stolen cellphones. [Toronto Star](& welcome Elie Mystal, Above the Law readers)
Tagged as:
Apple,
Canada,
cellphones,
third party liability for crime
- Copyright violations on PIPA sponsors’ websites? [VICE] “A SOPA Analogy” [David Henderson]
- DEA agent who mistakenly shot self loses appeal [BLT, earlier]
- “And people say libertarians lack empathy”: AP adopts pre-emptively disapproving tone toward advances in pain control [Coyote; related, Alkon on Primatene Mist]
- Cordray, NLRB recess picks allow President to reward key Democratic interest groups [Copland, Examiner] Litigation Lobby gunning for ban on consumer finance arbitration as Cordray priority [CL&P] Mike Rappaport on the recess appointment clause [LLL, earlier here, etc.]
- Keystone’s just the half of it: US environmental funders push shutdown of Canada energy production [Vivian Krause, Financial Post]
- Hot potato, or just hot business sector? “Credit Suisse Parts with Litigation Finance Group” [WSJ Law Blog]
- Speaking of shoplifters in elected office [Harrisburg Patriot-News on Perry County, Pa. case h/t commenter A.A.; earlier on California case]
Tagged as:
arbitration,
Canada,
copyright,
litigation finance,
pharmaceuticals
The defense says a new trial is warranted by an Ontario judge’s advice to jurors that the presumption of innocence “is only defeated if, and when, Crown counsel has satisfied you beyond a reasonable doubt that Mr. Guilty – I’m sorry, that Mr. Wilson – is guilty of the crime charged.” [Globe and Mail]
Tagged as:
Canada,
judges
Canada: The British Columbia Supreme Court has found “that a claim for damages for a break-up of a relationship following a collision is too remote for liability.” It accepted the plaintiff’s contention that the car crash had aggravated his pre-existing problems of back pain, but said the subsequent break-up of his romantic relationship was “too remote” a consequence to give rise to liability given that the couple appeared to have been at odds over “fundamental and deep-seated issues.” [Erik Magraken]
Tagged as:
Canada,
damage theories
- Students respond to L.A.’s “healthful” school lunch initiative with a loud “yuck” [L.A. Times, Michelle Malkin/NRO]
- L.I.: School suspends students for “Tebow” kneeling in hallway [Newsday]
- “Growing number of college students asking for wiggle room with their academic workloads due to mental health issues.” [WSJ]
- Proposal to address “learning disability” tangle: give all test-takers extra time [Ruth Colker, SSRN, see p. 126] A.D.H.D. diagnosis and the academic struggle for advantage [Melana Zyla Vickers, NYT "Room for Debate"] “Pediatrician Group Seeks to Boost ADHD Diagnoses” [Sullum]
- Will distance technology defeat the teachers’ union? [Larry Sand, City Journal]
- Time to repeal Maryland’s awful “maintenance of effort” law on school funding [WaPo, Baltimore Sun] Contra: MSEA, PDF.
- French-language cops: “Montreal schools move to scan playground chatter” [Ottawa Citizen]
Tagged as:
Canada,
colleges and universities,
disability & schools,
labor unions,
obesity,
schools,
testing
- Steve Chapman on FDA salt reduction initiative [Tribune/syndicated] Canada: “Health minister takes sodium-reduction plan off the table” [Calgary Herald] Flashback: FDA holds first hearing on regulating salt content in food [2007, Medical News Today] Discussion of my piece last week [Adler/Volokh, Instapundit]
- More on McDonald’s sidestepping of San Francisco would-be Happy Meal ban [Fair Warning, earlier; background here, here, here, here, etc.]
- “Caveat Venditor: Cottage Food Laws Great in Theory, Often Less So in Practice” [Baylen Linnekin of pro-freedom Keep Food Legal, who guestblogged at Reason last week]
- Rather than get government out of way, left’s farm bill (“Local Farms, Food and Jobs Act”) would cut small/local/organic growers in on more USDA programs [Obama Foodorama, Linnekin]
- Good riddance to monopoly powers of the Canadian Wheat Board [CBC]
- Texas now allows home bakers to sell their wares [Austin Chronicle via @pointoflaw]
- Widespread opposition to new Department of Labor proposal to ban kids from much work on farms [Nebraska Outback]
Tagged as:
agriculture and farming,
Canada,
McDonald's,
salt,
small business
A British Columbia court has ruled against a hockey player injured when another nightclub patron hit him in the head with a bar stool, ruling that the police were under no duty of care to identify the bar in question “as a nuisance to the public, a trap for the unwary, and to take pre-emptive steps to abate the danger it represented to potential patrons”. [Erik Magraken]
Tagged as:
Canada,
police
Even as odd lawsuit stories go, this underexplained little account of a product liability claim in Canada stands out. Conceding that having to pick gum out of one’s dentures is not plausibly deserving of C$100,000, does the plaintiff at least deserve points for honesty in averring that her depression lasted only ten minutes? [Edmonton Sun]
Tagged as:
Canada,
eat drink and be merry,
emotional distress
“A B.C. man who was abandoned as a teenager is being sued by his elderly mother for parental support…. Shirley [Anderson], who has not had a relationship with Ken or his two siblings for decades, is asking for $750 per month in support from each of them.” Like some American states, British Columbia retains a law on its books requiring grown children to support their parents in case of destitution. [CBC]
Tagged as:
Canada,
family law
