Overlawyered » Cato Institute http://overlawyered.com Chronicling the high cost of our legal system Tue, 18 Jun 2013 04:16:22 +0000 en-US hourly 1 http://wordpress.org/?v=3.4 May 7 roundup http://overlawyered.com/2013/05/may-7-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=may-7-roundup-3 http://overlawyered.com/2013/05/may-7-roundup-3/#comments Tue, 07 May 2013 04:06:11 +0000 Walter Olson http://overlawyered.com/?p=38125 In quiet retreat from STOCK Act, Congress dispenses with trading transparency for its staff [Prof. Bainbridge] Deep-pocket quest: hotel named as additional defendant in Florida A&M hazing death [Orlando Sentinel, earlier] “Keynes didn’t expect to have kids so he didn’t care about the future” wheeze long predates Niall Ferguson [Kenneth Silber; my new post at [...]

May 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • In quiet retreat from STOCK Act, Congress dispenses with trading transparency for its staff [Prof. Bainbridge]
  • Deep-pocket quest: hotel named as additional defendant in Florida A&M hazing death [Orlando Sentinel, earlier]
  • “Keynes didn’t expect to have kids so he didn’t care about the future” wheeze long predates Niall Ferguson [Kenneth Silber; my new post at IGF, where I've also been posting lately on the topic of adoption]
  • Ten and five (respectively) reasons for a plaintiff’s lawyer to turn down a personal injury case [Eric Turkewitz, Max Kennerly]
  • Setback for man seeking to trademark “Eat More Kale” [AP, earlier]
  • Gawker is now on the UK “Warning: This bag of nuts may contain nuts” case [earlier]
  • Overlawyered’s Twitter feed just passed the 7,000-follower mark, while our Facebook page, which recently stood at 1,000 likes, has now surged to nearly 2,500. Thanks for following and liking, and if you’d like to engage with other parts of Cato on social media, check out this nifty guide by Zach Graves.
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    May 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/05/may-7-roundup-3/feed/ 2     Overlawyered: now a Cato Institute blog http://overlawyered.com/2013/04/overlawyered-now-cato-institute-blog/?utm_source=rss&utm_medium=rss&utm_campaign=overlawyered-now-cato-institute-blog http://overlawyered.com/2013/04/overlawyered-now-cato-institute-blog/#comments Fri, 26 Apr 2013 13:30:22 +0000 Walter Olson http://overlawyered.com/?p=37805 I’m delighted to announce that Overlawyered, a freestanding blog since I founded it in 1999, has now affiliated itself with the Cato Institute, at whose Center for Constitutional Studies I’m a senior fellow. Cato already publishes several blogs and its prowess in technical support, marketing, and press outreach are certain to help the blog reach [...]

    Overlawyered: now a Cato Institute blog is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     I’m delighted to announce that Overlawyered, a freestanding blog since I founded it in 1999, has now affiliated itself with the Cato Institute, at whose Center for Constitutional Studies I’m a senior fellow. Cato already publishes several blogs and its prowess in technical support, marketing, and press outreach are certain to help the blog reach new readers, look sharper, keep more current with blog technology, and be even more a part of the conversation about law and legal reform.

    As a trial run, Cato’s Ian Jacobson has already been helping out with the site’s Facebook presence in recent weeks, and Cato’s graphics team has devised an terrifically good-looking banner you can check out there, complete with shark fin. (We’re not losing the popular “shark and goldfish” emblem, though.) While you’re there, be sure to “Like” us and recommend us to friends, and also join nearly 7,000 others who follow us on Twitter.

    In coming weeks you’ll notice design changes on our front page, as well as other new features. If you’re not familiar with Cato, the world’s leading libertarian think tank, this is a good time to check it out and learn more about its pursuit of individual liberties, free markets, and peace. In particular, let me recommend Cato’s group blog Cato at Liberty, where I and my colleagues blog on a variety of public policy issues.

    Here’s the Cato announcement that went out this morning:

    The Cato Institute is proud to announce its affiliation with one of the most respected law blogs around: Overlawyered.com. Founded and run by senior fellow Walter Olson, the blog explores an American legal system in dire need of reform, showing how litigation is used as a weapon against guilty and innocent alike, new laws erode individual responsibility, and law firms enrich themselves at the public’s expense.

    Walter skewers American litigiousness with a careful eye and sharp wit. If you haven’t been following Overlawyered, here’s what you’ve been missing:

    To learn the extent of the legal insanity, and how to fix it, visit Overlawyered.com and “like” its Facebook page.

    Walter Olson founded and continues to run Overlawyered.com. He is a senior fellow at the Cato Institute’s Center for Constitutional Studies.

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    Overlawyered: now a Cato Institute blog is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/04/overlawyered-now-cato-institute-blog/feed/ 9     Supreme Court marriage cases: the week ahead http://overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-marriage-cases-week-ahead http://overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/#comments Mon, 25 Mar 2013 15:37:51 +0000 Walter Olson http://overlawyered.com/?p=37140 If you didn’t see my Saturday post previewing the DOMA and Prop 8 cases that reach the Supreme Court this week, I’ve now got a virtually identical version up at the Cato blog. On Wednesday, immediately after the Court’s oral argument in Windsor, I’ll be moderating a panel at Cato with former Republican National Committee [...]

    Supreme Court marriage cases: the week ahead is a post from Overlawyered - Chronicling the high cost of our legal system

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  • If you didn’t see my Saturday post previewing the DOMA and Prop 8 cases that reach the Supreme Court this week, I’ve now got a virtually identical version up at the Cato blog.
  • On Wednesday, immediately after the Court’s oral argument in Windsor, I’ll be moderating a panel at Cato with former Republican National Committee head Ken Mehlman (NPR profile), Freedom to Marry founder Evan Wolfson (BuzzFeed profile), and Cato’s Ilya Shapiro (AFF profile). Details and RSVP here. If you’re in DC, don’t miss it! If not, watch live online at www.cato.org/live and comment via #CatoEvents.
  • A collection of links on the cases is currently headlining the Cato website.
  • I’ll be speaking Wednesday evening about the cases before the Washington, D.C. chapter of Log Cabin Republicans. I also expect to be doing some national broadcast commentary — details to follow.
  • Last week I spoke at a panel in Cato’s social media series with Jimmy LaSalvia (GOProud) and Trevor Burrus (Cato) on conservatives and same-sex marriage, on topics that included the changing poll numbers and demographics. Aside from going through my analysis of November’s election results, I commented on various aspects of the debate such as the difference between civil and religious marriage (“the same as that between a birth certificate and a christening,” I like to say), the non-connectedness of the gay marriage and abortion issues (on which many others seem to agree with me), and the issue of religious exemptions (“As libertarians, we’re ahead of the curve in considering how anti-discrimination law can trample freedom of conscience.”) No video at the moment.
  • By coincidence, that panel happened to be scheduled against a crosstown event making the opposite case at the Heritage Foundation, which suffice it to say is at a very different place from Cato on this topic. On the question of using 11-year-olds to try to tear down other people’s families, by the way, Rob Tisinai at Box Turtle Bulletin has a nice pre-rejoinder to Heritage: “But Gracie, no one is trying to take one of *your* parents away.”
  • I couldn’t help noticing the following from a March 22 Clarus survey of U.S. voters:

    “Do you think each individual state should be allowed to decide whether same-sex couples can legally marry, or not?”

    Should 53%
    Should not 45%

    “Do you think same-sex couples have a constitutional right to marry, or not?”

    Do 53%
    Do not 43%

    If these figures are to be credited, at least 6% of the voting public (and possibly much more) overlappingly believes both that same-sex couples have a constitutional right to marry, and that “each individual state should be allowed to decide” on that same question. I think it may be time for a refresher course in constitutional law.

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    Supreme Court marriage cases: the week ahead is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/feed/ 6     Gabelli v. SEC: statute of limitations on alleged undiscovered fraud http://overlawyered.com/2013/02/gabelli-v-sec-statute-limitations-alleged-undiscovered-fraud/?utm_source=rss&utm_medium=rss&utm_campaign=gabelli-v-sec-statute-limitations-alleged-undiscovered-fraud http://overlawyered.com/2013/02/gabelli-v-sec-statute-limitations-alleged-undiscovered-fraud/#comments Thu, 28 Feb 2013 16:43:03 +0000 Walter Olson http://overlawyered.com/?p=36515 Yesterday by a 9-0 vote the Supreme Court agreed with a Cato amicus brief that the Securities and Exchange Commission has no power to seek fines or penalties after the statute of limitations has expired on challenged conduct by arguing that it did not discover the conduct until recently. I’ve got a discussion at Cato [...]

    Gabelli v. SEC: statute of limitations on alleged undiscovered fraud is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Yesterday by a 9-0 vote the Supreme Court agreed with a Cato amicus brief that the Securities and Exchange Commission has no power to seek fines or penalties after the statute of limitations has expired on challenged conduct by arguing that it did not discover the conduct until recently. I’ve got a discussion at Cato at Liberty. (& SCOTUSBlog, which also hosts this opinion analysis by Jonathan Macey)

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    Gabelli v. SEC: statute of limitations on alleged undiscovered fraud is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/gabelli-v-sec-statute-limitations-alleged-undiscovered-fraud/feed/ 1     “Reflections on gun control by a Second Amendment advocate” http://overlawyered.com/2013/02/reflections-gun-control-second-amendment-advocate/?utm_source=rss&utm_medium=rss&utm_campaign=reflections-gun-control-second-amendment-advocate http://overlawyered.com/2013/02/reflections-gun-control-second-amendment-advocate/#comments Fri, 15 Feb 2013 15:28:02 +0000 Walter Olson http://overlawyered.com/?p=36234 From Cato Institute chairman Robert Levy, who was co-counsel in the landmark D.C. v. Heller case. [National Law Journal] More: Trevor Burrus, The Blaze. And the New York Times takes up the topic of guns and suicide, but with some pretty big omissions [Tom Maguire, Ira Stoll/SmarterTimes] Further: “Senate Judiciary Committee Hears from Cato on [...]

    “Reflections on gun control by a Second Amendment advocate” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     From Cato Institute chairman Robert Levy, who was co-counsel in the landmark D.C. v. Heller case. [National Law Journal] More: Trevor Burrus, The Blaze. And the New York Times takes up the topic of guns and suicide, but with some pretty big omissions [Tom Maguire, Ira Stoll/SmarterTimes]

    Further: “Senate Judiciary Committee Hears from Cato on Gun Policy” [Ilya Shapiro, citing contributions by David Kopel, Randy Barnett, etc.] And while Bing’s real-time reaction tracker isn’t a scientific voter survey (though the sample size is large, and there’s a partisan breakdown) it seems I was not alone in being put off by President Obama’s demagogic “they deserve a vote” State of the Union wind-up on gun control. [Mediaite]

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    “Reflections on gun control by a Second Amendment advocate” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/reflections-gun-control-second-amendment-advocate/feed/ 0     #SOTU http://overlawyered.com/2013/02/sotu/?utm_source=rss&utm_medium=rss&utm_campaign=sotu http://overlawyered.com/2013/02/sotu/#comments Wed, 13 Feb 2013 04:40:41 +0000 Walter Olson http://overlawyered.com/?p=36173 My tweets and retweets last night during the State of the Union address and the GOP response by Sen. Marco Rubio (R-Fla.), in regular rather than reverse chronological order: I’ll be live-tweeting the #SOTU as part of the @catoinstitute commentary team. Check us out at twitter.com/CatoInstitute/… or cato.org/blog/live-blog… — Walter Olson (@walterolson) February 13, 2013 [...]

    #SOTU is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     My tweets and retweets last night during the State of the Union address and the GOP response by Sen. Marco Rubio (R-Fla.), in regular rather than reverse chronological order:

    Also, by way of pleasant contrast:

    And here’s Cato’s response video with scholars Michael Tanner, Julian Sanchez, Alex Nowrasteh, Simon Lester, John Samples, Pat Michaels, Jagadeesh Gokhale, Michael F. Cannon, Jim Harper, Malou Innocent, Juan Carlos Hidalgo, Ilya Shapiro, Trevor Burrus and Neal McCluskey.

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    #SOTU is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/sotu/feed/ 1     Law schools roundup http://overlawyered.com/2013/02/law-schools-roundup-21/?utm_source=rss&utm_medium=rss&utm_campaign=law-schools-roundup-21 http://overlawyered.com/2013/02/law-schools-roundup-21/#comments Fri, 08 Feb 2013 04:06:05 +0000 Walter Olson http://overlawyered.com/?p=35463 Universities’ prestige game: will “zombie law schools” drag down the rest? [Gerard Magliocca] Law as undergraduate degree works in advanced countries like Germany and Britain, could work here too [Bainbridge] It’s a capitalist plot! Steve Diamond of Santa Clara assails Brian Tamanaha’s critique of law schools as too redolent of Hayek, Cato [SSRN, background, more] [...]

    Law schools roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Universities’ prestige game: will “zombie law schools” drag down the rest? [Gerard Magliocca]
  • Law as undergraduate degree works in advanced countries like Germany and Britain, could work here too [Bainbridge]
  • It’s a capitalist plot! Steve Diamond of Santa Clara assails Brian Tamanaha’s critique of law schools as too redolent of Hayek, Cato [SSRN, background, more]
  • “That’s pretty good reason to speak up: Thomas Breaks 5-year Silence During #SCOTUS Arguments to Mock Yale” [@DavidMastio]
  • Dean who took huge pay packet for dismal results is also immediate past president of ABA law school panel [Campos]
  • Does the California experience undercut arguments for relaxing accreditation? [Matt Bodie]
  • “What Do Law Professors Think About the Critiques of the Law Schools?” [Orin Kerr]
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    Law schools roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/law-schools-roundup-21/feed/ 0     February 7 roundup http://overlawyered.com/2013/02/february-7-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=february-7-roundup-2 http://overlawyered.com/2013/02/february-7-roundup-2/#comments Thu, 07 Feb 2013 04:06:47 +0000 Walter Olson http://overlawyered.com/?p=35718 You mean Philadelphia traffic court wasn’t on the up-and-up? [ABA Journal] DUI prosecution in Lafayette Parish, La. had become quite the tidy business [Scott Greenfield] Match.com sued after date assault [FindLaw] Sweden is at cutting edge of free-market policy innovation [Adrian Wooldridge, The Economist] Big victory for Institute for Justice as federal court strikes down [...]

    February 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • You mean Philadelphia traffic court wasn’t on the up-and-up? [ABA Journal] DUI prosecution in Lafayette Parish, La. had become quite the tidy business [Scott Greenfield]
  • Match.com sued after date assault [FindLaw]
  • Sweden is at cutting edge of free-market policy innovation [Adrian Wooldridge, The Economist]
  • Big victory for Institute for Justice as federal court strikes down new IRS tax preparer rules [Katherine Mangu-Ward] 97% of Chicago tax preparers out of compliance with local licensing regs? [TaxProf]
  • A sentiment open to doubt: Heritage claims “there is no ban on same-sex marriage” in any state [Ryan Anderson] Support from PM Cameron, other senior Conservatives instrumental in British passage of same-sex marriage [Peter Jukes, Daily Beast] New beyond-the-culture-wars initiative on marriage from David Blankenhorn and colleagues at Institute for American Values [Mark Oppenheimer, NYT]
  • “Why not a waiting period for laws?” [Glenn Reynolds, NY Post]
  • As he steps aside, recalling some of the accomplishments of longtime Cato Institute chairman Ed Crane [Cato Policy Report, PDF]
  • R.I.P. Maureen Martin, legal affairs fellow at Heartland Institute whose work touched many [Jim Lakely]
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    February 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/february-7-roundup-2/feed/ 1     January 29 roundup http://overlawyered.com/2013/01/january-29/?utm_source=rss&utm_medium=rss&utm_campaign=january-29 http://overlawyered.com/2013/01/january-29/#comments Tue, 29 Jan 2013 04:07:35 +0000 Walter Olson http://overlawyered.com/?p=35396 In job bias dispute: “Federal Court Says Veganism Might Qualify As A Religion” [Religion Clause] Perennially credulous L.A. Times drops broad hints that Toyota settlement vindicates sudden acceleration theories, others know better [LA Times, NLJ earlier] “Cato Named America’s Most Effective Think Tank Per Dollar Spent” [Dan Mitchell, Nick Rosenkranz] Disappointing: Transportation Sec. LaHood said [...]

    January 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • In job bias dispute: “Federal Court Says Veganism Might Qualify As A Religion” [Religion Clause]
  • Perennially credulous L.A. Times drops broad hints that Toyota settlement vindicates sudden acceleration theories, others know better [LA Times, NLJ earlier]
  • “Cato Named America’s Most Effective Think Tank Per Dollar Spent” [Dan Mitchell, Nick Rosenkranz]
  • Disappointing: Transportation Sec. LaHood said to be “sticking around for a while” [Roads and Bridges, earlier] That was quick: only hours later, he says he’s leaving after all [WaPo]
  • It became necessary to destroy the sex workers in order to save them [Melissa Gira Grant/Reason]
  • Profile of lefter-than-thou NY attorney general Eric Schneiderman [NY Mag]
  • As rural pub tradition declines, Irish government rejects proposal to ease DUI laws [AP]
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    January 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/01/january-29/feed/ 0     “Living with Guns: A Liberal’s Case for the Second Amendment” http://overlawyered.com/2013/01/living-guns-a-liberals-case-second-amendment/?utm_source=rss&utm_medium=rss&utm_campaign=living-guns-a-liberals-case-second-amendment http://overlawyered.com/2013/01/living-guns-a-liberals-case-second-amendment/#comments Thu, 17 Jan 2013 04:14:38 +0000 Walter Olson http://overlawyered.com/?p=35421 A Cato Forum held January 9 and featuring Craig Whitney, author, Living with Guns, and a former New York Times reporter and editor; Alan Gura and Alan Morrison, who argued opposite sides of the Heller case; and as moderator, Cato senior fellow Ilya Shapiro. Meanwhile, getting the jump on President Obama’s proposals, Gov. Andrew Cuomo [...]

    “Living with Guns: A Liberal’s Case for the Second Amendment” is a post from Overlawyered - Chronicling the high cost of our legal system

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    A Cato Forum held January 9 and featuring Craig Whitney, author, Living with Guns, and a former New York Times reporter and editor; Alan Gura and Alan Morrison, who argued opposite sides of the Heller case; and as moderator, Cato senior fellow Ilya Shapiro.

    Meanwhile, getting the jump on President Obama’s proposals, Gov. Andrew Cuomo and the legislature of New York have rushed to passage a hasty new gun control package [Roger Pilon, Jacob Sullum, Bob McManus/NY Post, more from Sullum on "false urgency"]

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    “Living with Guns: A Liberal’s Case for the Second Amendment” is a post from Overlawyered - Chronicling the high cost of our legal system

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