In a free country you can’t keep out a restaurant because you dislike its owner’s politics [Boston Herald on Chick-Fil-A controversy, more on death through regulatory delay as a city tactic, mayor's letter in PDF; good discussions at Amy Alkon and Popehat/Ken] Comments: “Inclusion. He gives this as justification for excluding someone.” [Ken R at Alkon] “Also, has Boston ever been ‘at the forefront of inclusion’?” [@thad_anderson]
For a powerful vignette of what can happen in certain big cities when the ruling government nomenklatura comes to view the local merchantry as there by sufferance, see John Kass’s recent Chicago Tribune column, recalling the struggles of his Greek immigrant grocer father, via David Zincavage.
P.S. Speaking of taking outspoken stands on same-sex marriage, Chris Geidner of BuzzFeed covers a (very successful!) fundraiser I helped throw over the weekend for like-minded folks in Maryland and D.C. If you’d like to donate as part of the event, you can do so here.
Chicago hits a rough patch [Aaron Renn, City Journal] “Cook County is viewed negatively from a litigiousness standpoint,” a statement touched with the quaint understatement for which the insurance business is known [PC 360 on AON, NATO] And here’s a video on how small businesses can face the “Chicagoland shakedown” [via John Cochrane]
NYC: fee for court-appointed fire department race-bias monitor is rather steep [Reuters]
Larry Schonbron on VW class action [Washington Times] Watch out, world: “U.S. class action lawyers look abroad” [Reuters] Deborah LaFetra, “Non-injury class actions don’t belong in federal court” [PLF]
Will animal rights groups have to pay hefty legal bill after losing Ringling Bros. suit? [BLT]
You shouldn’t need a lobbyist to build a house [Mead, Yglesias]
“The Cook County Board on Tuesday agreed to pay more than $1 million in taxpayer money to settle a federal lawsuit brought by female County Jail inmates who said their civil rights were violated during repeated weekend lockdowns at the massive detention facility. The bulk of the settlement — $850,000 — will go to attorneys who represented the four inmates in the nine-year court case. Two inmates won federal judgments totaling $143,000, and the county opted to pay two others $5,000 to end the suit. … In addition to the $1 million settlement, the county spent at least $732,144 over the years to pay an outside firm to defend it against the suit, according to county records.” The plaintiffs had failed in a bid for class action status. [Chicago Tribune]
“Beware: Cities Hunting You Down For Reagan-Era Parking Tickets” [David Kiley, AOL]
Waco, Texas: “McLennan DA fights DNA testing because exonerations override juries” [Grits for Breakfast] Robert Mosteller, “Failures of the Prosecutor’s Duty to ‘Do Justice’ in Extraordinary and Ordinary Miscarriages of Justice” [Legal Ethics Forum]
Controlled substances: “Could a US lawyer lawfully counsel clients about this proposed new law?” [John Steele, LEF]
“More than three-quarters of turn-of-the-century Chicago homicides led to no criminal punishment — not because the perpetrator could not be identified, but because no jury would convict.” [William Stuntz's posthumous book via Cowen]
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]
Tomorrow, Tuesday, I’ll be on a lunchtime panel at Capital University Law School in Columbus to discuss Gov. John Kasich’s proposals for revamping public-employee labor law in Ohio. And next Tuesday, I’ll be in Chicago speaking at an Illinois Policy Institute breakfast on my new book on legal academia, Schools for Misrule (sign up here). Afterward, I’ll talk with students at Northwestern thanks to a kind invitation from the Federalist Society.
To book me for a speech at your group, contact Diane Morris at dmorris – at – cato – dot -org or contact me directly at editor – at – overlawyered – dot – com.
I’m currently planning speaking trips that will take me to Chicago Nov. 7-8, Greenville, S.C. Dec. 7, Denver Dec. 13, and possibly Phoenix Dec. 1. If you’ve got a speaker’s series or organization that’s in one of these places or an easy travel jump away, consider saving on travel expenses by booking me for a talk around these dates. You can contact me directly at editor – [at] – overlawyered – dot – com or Diane Morris at the Cato Institute: dmorris – [at] – cato – dot – org.
Chicago neurosurgeons pay $4500 a week in med-mal premiums, blame lawless Illinois Supreme Court [Medill Reports] Supreme Court declines to review Feres doctrine, which shields military doctors (among others) from suits [Stars and Stripes] Why is the most widely cited number of medical-misadventure deaths such an outlier? [White Coat; more here, here, etc.]
After “Facebook broken heart” suit, will pre-nups for Mafia Wars relationships be next? [Tri-Cities Herald]
Another horrific report of poppy seed positive drug test followed by child-grabbing [Radley Balko]
Neurosurgeons in Cook and four other counties pay nearly $230,000 a year, obstetricians nearly $140,000, and general surgeons nearly $100,000. The legislature in Springfield had voted liability limits, but last year the Illinois Supreme Court, in a decision hailed by organized plaintiff’s lawyers but condemned as lawless by many others, struck down those limits. [Heather Perlberg, Medill]
A reminder that I’m scheduled to be a guest on the incomparable Milt Rosenberg’s 50,000-watt radio show tonight, 10-12 p.m. Central Time. Talkers magazine has described him as the “nation’s leading author interviewer. A Chicago institution for the literate” and I’m not surprised. He had me on his show for an earlier book and I was bowled over by what a close and intelligent reading he’d given my words and what a wide-ranging yet relaxed conversation we had as a result. Definitely a don’t-miss show!
Meanwhile, some Andrew Sullivan readers point out that contrasts between the public and private sectors can be overdone, since it can be legally troublesome for private managers, too, to fire poorly performing workers. I wrote a whole book tackling related themes some years back.
Get your copy today!My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.