“The card check proposal now has a good chance of being Exhibit A in the post-election Case against Democratic Overreach. (Likely defense: ‘We were only pandering! You took us seriously!’)” [Newsweek "Kausfiles"]
Posts tagged as:
card check
- O.J. Simpson trial 15 years after [Tim Lynch, Cato at Liberty; a couple of my reactions back then]
- Hackers expose internal documents of British copyright-mill law firm [Steele, LEF] Insult to injury: now that target law firm may be fined for privacy breach [same]
- BAR/BRI antitrust case: “Judge Cites ‘Egregious Breach’ of Ethics, Slashes Law Firm Fee from $12M to $500K” [ABA Journal]
- “Confessions of former debt collectors” [CNN Money via CL&P]
- Big investigative series on prosecutorial misconduct [USA Today]
- “Even with malpractice insurance, doctors opt for expensive, defensive medicine” [Jain/WaPo] “Medical malpractice suits drop but take a toll” [Pittsburgh Post-Gazette; Paul Carpenter, of the Allentown Morning Call, on problem and possible solutions] A contrary view: Ron Miller.
- “Card check is dead … long live card check” [Hyman]
- “Canada: Deported Russian spy sues for readmittance” [four years ago on Overlawyered] A role model for some in the spy ring recently deported from the U.S.?
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- “Family sues for $25 million over death of Virginia Beach homeless man” [Pilot Online]
- New paper proposes voucherizing indigent criminal defense [Stephen Schulhofer and David Friedman, Cato Institute, more]
- “Why the Employee Free Choice Act Has, and Should, Fail” [Richard Epstein, SSRN]
- Free-market lawprofs file brief in class action arbitration case, Concepcion v. AT&T [PoL]
- Enactment of Dodd-Frank law results in flood of whistleblower-suit leads for plaintiff’s bar [Corporate Counsel, ABA Journal] “Will Whistle-Blowing Be Millions Well Spent?” [Perlis/Chais, Forbes]
- Sept. 28 in House: “Congressional Hearing on the Problems of Overcriminalization” [NACDL]
- Abusive-litigation angle seen in NYC mosque controversy [Painter, Legal Ethics Forum]
- Snark alert: Mr. Soros does something nice for Human Rights, and Human Rights does something nice for him [Stoll]
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Or at least that’s the theme of a panel discussion this week from the lefty Kossack folks, claiming that card check will consign conservatives to “permanent minority” status. [ShopFloor]
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- Florida: “Law firm is found liable for injuries to client who fell off a chair” [WPBF via Bernabe]
- Monsanto, known for hardball litigation over its patented seeds, might regret taking on duPont [AmLaw Litigation Daily, earlier here and here]
- Kenyan man sues women’s rights activists for leading sex boycott that his wife joined [Daily Nation]
- Notice a “sign this EFCA petition” message in your Twitter stream, about the controversial card-check union bill? Better check out its bona fides [Point of Law]
- RIAA said it was going to stop filing new cases against music downloaders, but that might depend on what the definition of new cases is [Ars Technica, AmLaw Litigation Daily]
- EEOC guidance warns employers about violating ADA in trying to cope with H1N1 flu virus in workplace [Daniel Schwartz, Workplace Prof Blog; related, earlier]
- Cluelessness, more than censor’s urge, might explain that ghastly bill filed by Rep. Linda Sanchez to combat “cyberbullying” by throttling online speech [Jacob Sullum; earlier here, etc.]
- Buxom British gals claim victory after Marks & Spencer rescinds $3 surcharge on larger-size bras [AP/Idaho Statesman, The Sun via Amy Alkon]
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- A triumph for good sense, good policy, and the Constitution: Supreme Court declines to disturb 2005 Protection of Lawful Commerce in Arms Act, thus ending NYC’s wrongful and unfair lawsuit against gun makers [AP/Law.com] Interestingly, the Obama administration joined its predecessor in urging that the law’s constitutionality not be questioned [Alphecca] One of my fond memories is of giving the lead presentation to the House Judiciary Committee at a hearing on the bill during its drive for passage.
- “Tinkering With DWI Evidence Costs NY Judge and Law Prof Their Jobs” [ABA Journal; Buffalo, N.Y.]
- Coalition of media organizations urges First Circuit to reverse judge’s “truth-no-defense” defamation ruling, but the Circuit denies en banc rehearing [Bayard/Citizen Media Law and sequel; earlier]
- Car-crash arbitration-fixing angle heating up in probe of Luzerne County, Pennsylvania judicial scandals [ABA Journal]
- ACORN helping with the Census? Based on their voter work, we can be sure they’ll give it that 110% effort [Jammie Wearing Fool]
- To protect the public, why do you ask? Cook County, Ill. sheriff engages in “constant surveillance of Craigslist’s erotic services” [Patrick at Popehat]
- Imposed-contract provisions mean that Employee Free Choice Act is “not as bad as thought. It’s worse!” [Kaus]
- West Virginia lawmaker proud of introducing ban-Barbie bill: “If I’ve helped just 10 kids out with this, to me it was worth it” [AP/Charleston Gazette-Mail, earlier]
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Stuart Taylor, Jr. on the Employee Free Choice Act.
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The magazine’s “Top Political Bloggers” poll this morning quotes me (twice) on the subject of the horrible and misnamed Employee Free Choice Act, which would end employees’ right to a secret ballot on unionization and impose union contracts on unwilling employers through obligatory arbitration. Most of my blogging on the subject of EFCA and its “card check” provision is actually at my other blog, Point of Law, though.
- Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant]
- In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier]
- Latest on wrangle over “exorbitant” fee: Alice Lawrence’s deposition-skipping before her death could endanger her estate’s claim against Graubard Miller law firm [NYLJ, earlier]
- One benefit of role as law school mega-donor, as Mark Lanier is with Texas Tech, is that you get to rub (hunting-jacket) elbows with visiting Supreme Court justices [WSJ law blog]
- Lou Dobbs and Phyllis Schlafly were among those who pushed bizarre theory of secret conspiracy to merge U.S. into “North American Union” with Canada and Mexico [John Hawkins]
- Senate Dems plan to abolish secret ballot for installing unions in everyone else’s workplace, so how come they insist on one for themselves in deciding how to handle Joe Lieberman? [Dan Riehl via McArdle]
- Congrats to historian Rick Brookhiser and City Journal editor Myron Magnet, among recipients of 2008 National Humanities Medal [White House release, Brian Anderson, NRO]
- Jarek Molski, California entrepreneur of disabled-access complaints, loses bid for Supreme Court review of his designation as vexatious litigant [AP, Bashman]
Via Kaus, I’m pleased to see someone making this issue crystal-clear:
Earlier on POL: Jan. 24; Jun. 21; Feb. 2, 2007.
- Vioxx settlement is good for Merck and the trial lawyers suing it, the price being paid in legal ethics [Gryphon/City Journal]
- Australia: will-contest lawyers “will have their fees capped after a string of cases where the bill has exceeded the final inheritance.” [Sydney Morning Herald]
- ADA obliges golf courses, at least Marriott’s, to furnish accessible carts to disabled golfers, federal judge rules [Egelko, SF Chronicle]
- Henry Fonda/Sidney Lumet jury-deliberation classic Twelve Angry Men normally spoken of in tones of reverence. But what’s this? [Leo McKinstry, U.K. Spectator; Gracchi, Westminster Wisdom]
- Columnist and talk show host Michael Smerconish, himself former trial lawyer, is among latest to be sued by inmate/fantasist J*nath*n L** R*ch*s [Philadelphia Inquirer; earlier]
- Biggest-ever EEOC settlement for individual racial discrimination will bring Lockheed Martin electrician $2.5 million [Reuters/NYT]
- U.K.: Coast guard wins award for saving teen from cliff, then loses job because he didn’t follow prescribed health and safety precautions [Times Online, Sun]
- Lawsuit by baseball pros who missed out on big careers because they never abused steroids? [RedBirdsFan]
- Until Sarkozy, French heads of state liked to cancel outstanding parking tickets on taking office; contrast with American practice of pardons as departing Presidential gesture [Rittelmeyer/Cigarette Smoking Blog]
- New at Point of Law: Ted on med-mal statistics; Prof. Richard Nagareda on recognizing that mass torts are lawyer-driven; voter intimidation and union card check; state AGs and letters of marque and reprisal; Prof. Michael Krauss on thread-count class action; IRBs vs. hospital safety; Ted’s continuing coverage of the Vioxx settlement; and much more.
- OSHA backs down from its plan to regulate hazards like trippable power cords and rickety chairs in telecommuters’ home offices [eight years ago on Overlawyered]
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I’ve been discussing this very bad bill (fraudulently labeled the “Employee Free Choice Act”) at Point of Law here, here, and here. The Wall Street Journal editorializes against it today (“Walter Reuther’s Ghost”, Mar. 1) as does the Los Angeles Times (“Keep Union Ballots Secret”, Mar. 1). More: National Review, Investor’s Business Daily.
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Don’t cooperate with us on one issue, and we’ll arrange for you to get sued on other issues:
More often, unions undertake confrontational campaigns to squeeze employers to agree to card checks [i.e., recognizing the union as sole bargaining representative of workers on the basis of majority sign-up, rather than a representation election]. To pressure Cintas, the giant uniform and laundry company, Unite Here has encouraged workers to bring lawsuits alleging pay violations and racial and sexual discrimination. Cintas has not given in, insisting that secret-ballot elections are fairer.
(Steven Greenhouse, “Employers Sharply Criticize Shift in Unionizing Method to Cards From Elections”, New York Times, Mar. 11).
