Timothy Egan, New York Times, on lawsuits over rogue mountain goats and other hazards of wild places:
My experience, purely anecdotal, is that the more rangers try to bring the nanny state to public lands, the more careless, and dependent, people become. There will always be steep cliffs, deep water, and ornery and unpredictable animals in that messy part of the national habitat not crossed by climate-controlled malls and processed-food emporiums. If people expect a grizzly bear to be benign, or think a glacier is just another variant of a theme park slide, it’s not the fault of the government when something goes fatally wrong.
More: Steve Chapman (most dangerous animal in the parks is the one “wearing your pants”); David Boaz.
Tagged as:
animals,
environment,
nanny state
Let’s all panic over cross-contamination from BPA on store receipts, or maybe let’s not [Coyote]
Tagged as:
environment
- Even before federal raid on Gibson, Lacey Act scared owners of vintage instruments: “I don’t go out of the country with a wooden guitar.” [Eric Felten/WSJ, AW, PoL, Trevor Burrus/Cato]
- Dear NYT contributor Bakan: getting your kids’ attention may not require overthrowing world corporate economy [Nancy French, NR "Home Front"] More: Sullum.
- “West Memphis Three” freed [Damon Root, Greenfield]
- Forest Labs case: after outcry, feds drop effort to force firing of drug company CEO not charged with wrongdoing [WSJ, WLF] Background: Charles Hooper & David Henderson, Hoover (“The FDA’s War on Drugs”), The Economist (“The government seeks to sack an innocent boss”, Diana Furchtgott-Roth, Steve McConnell/Drug and Device Law, Josh Wright/Truth on the Market]
- Google paid dearly in smartphone deal for our dysfunctional patent system [Gordon Crovitz] “Google Should Publicly Oppose Software Patents” [Timothy Lee, Forbes]
- Lawyer’s suit: Kasowitz firm ignored his “superior legal mind” [Lowering the Bar, Above the Law]
- “In Chicago, You Need a License To Help Others Get a License” [Mark Perry]
Tagged as:
cellphones,
Chicago,
child protection,
environment,
Google,
music and musicians,
patent quality,
pharmaceuticals
Great WSJ article on the unending proliferation of federal crimes, with appearances by a family that ran into a law making it a felony to dig for arrowheads on federal land, Bobby Unser and his snowmobile-astray ordeal, and a man effectively ruined by the $860,000+ cost of successfully defending himself against a federal charge of violating Russian hunting regulations.
“Most people think criminal law is for bad people,” says Timothy Lynch of Cato Institute, a libertarian think tank. People don’t realize “they’re one misstep away from the nightmare of a federal indictment.”
More: from Tim Lynch, and (via PoL) Josh Blackman, William Anderson/Regulation mag.
Tagged as:
antiquities,
crime and punishment,
environment,
extraterritoriality,
prosecution
- Illinois prisoner sues for land to start his own country [AP]
- “Have you got a piece of this lawsuit?” Important Roger Parloff piece on litigation finance [Fortune, now out from paywall] “Hedge Funds Finance Medical Malpractice Claims” [Jeff Segal, Michael Sacopulos and Wayne Oliver, Forbes via White Coat]
- Criminalizing bad parenting: more scrutiny of “Caylee’s Law” proposals [Steve Chapman, L.A. Times and Boston Globe editorials, New Scientist]
- Deal with ADA complainant averts closure of popular Popponesset Marketplace in Mashpee, Mass. [Cape Cod News]
- Because it’s not as if NYC needs electricity or anything: Bloomberg gives $50 million to Sierra Club campaign to stop coal burning by utilities [WaPo] “Environmental justice” arguments deployed against pipeline that would bring Alberta tar sands oil to U.S. [John Kendrick, WLF]
- Unimpaired have permanent right to sue: Fla. high court throws out asbestos-reform law [PBP]
- Red tape demanded by quality-of-life progressivism suffices to strangle poorer urban economies [Walter Russell Mead]
Tagged as:
asbestos,
Chevron,
disabled rights,
environment,
Florida,
litigation finance,
Massachusetts,
medical malpractice,
Michael Bloomberg,
prisoners,
regulation and its reform
- More on CPSC’s crib ban train wreck [Commissioner Anne Northup, more, earlier]
- One man’s nightmare of false accusation [LA Times via PoL]
- How many plaintiff’s-side flicks is HBO going to air this summer, anyway? ["Mann v. Ford," Abnormal Use]
- Apple granted “incredibly broad patent” over screen gesture technology [Tabarrok]
- Will Congress reverse this term’s much-attacked SCOTUS decisions? [Alison Frankel] Podcast on Wal-Mart v. Dukes with Brian Fitzpatrick [Fed Soc] “Wal-Mart ruling no knock-out blow for class actions” [Reuters] Contrary to some assertions, current law does strongly incentivize individual job-bias claims [Bader] More on case: Dan Bushell, and welcome Craig Newmark readers.
- Mississippi stops proceedings in $322 million asbestos case to consider judge’s possible conflict [JCL, earlier here, here]
- Nice coat, where’dja get it? [annals of incompetent crime, UK Daily Mail]
Tagged as:
CPSC,
environment,
Ford Motor,
Mississippi,
patent law,
recusals,
Wal-Mart v. Dukes
- Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here]
- Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe]
- Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion;
- “Wrongful Convictions: How many innocent Americans are behind bars?” [Balko]
- “Persaud identified himself as a juror, offering to fix the verdict for a fee.” [CBS NY; Long Island med-mal case]
- “Is the Common Law the Solution to Pollution?” [Jonathan Adler, PERC]
- “Rice Krispies class action settlement” [Ted Frank]
Tagged as:
class action settlements,
Dahlia Lithwick,
environment,
juries,
prosecution,
Wal-Mart v. Dukes,
Washington D.C.
A near encounter with forfeiture madness in the Pelican State [The Newspaper]:
Under the legislation, impounded vehicles [of third-conviction litterers] would be sold at auction with the revenue split 10 percent to the towing company, 30 percent to the local police or investigative agency, 10 percent to the indigent defender board, 20 percent to the prosecutor and 30 percent to the state. The vehicle would be seized regardless of whether the offender was also the owner of the car. A bank or other lien holder on a leased car would have to pay “all towing and storage fees” before recovering their property.
According to The Newspaper, the bill passed the Louisiana state senate by a vote of 34 to 1 before its defeat 49-46 in the state House.
Tagged as:
environment,
forfeiture,
Louisiana,
traffic laws
“Bureaucrats have added insult to injury for a corn farmer south of Montreal whose fields have been damaged by near-record flooding. Martin Reid says he’s been forced to buy a fishing licence to remove carp that are swimming in a metre of water on his flooded-out fields.” [London, Ont., Free Press]
Tagged as:
agriculture and farming,
animals,
Canada,
environment
A volunteer clearing debris after the recent tornado in north Minneapolis has been hit with a $275 fine for tree trimming without a license [Star-Tribune via Coyote]
More: In other legal news of tree-trimming, Oracle CEO Larry Ellison has settled a battle with San Francisco neighbors over charges that the growth of their trees was spoiling his view [WSJ, more] And the city of Charlotte, N.C., has fined a local church $4,000, or $100 a branch, for excessively trimming crape myrtle trees on its own property under a city tree ordinance [Brittany Penland, Charlotte Observer via Amy Alkon]
Tagged as:
environment,
Minnesota,
North Carolina,
volunteers,
workplace
- More views on California prisoner release: Steve Chapman (California can incarcerate less and be safer), John Eastman/City Journal (state’s pols share blame for conditions), Sarah Hart, FedSoc SCOTUScast (sharing dissenters’ foreboding). Earlier here and here;
- Stephen Carter, “Economic Stagnation Explained, at 30,000 Feet” [Bloomberg/RCP]
- Long-running legal campaign aimed at blocking new coal-fired power plants [Conn Carroll, Examiner]
- Unconsciously? “We hope it sends a message that if you … unconsciously ignore the law, you could go to jail.” [WSJ Law Blog on prosecution of executive following pool drain entrapment death]
- Following outcry: “Disney withdraws application to trademark ‘SEAL Team 6′” [AP, earlier]
- More fact-checking of Scott Horton Guantanamo Harper’s article mysteriously awarded prize by ASME [Alex Koppelman/AdWeek, Joe Carter/First Things, Jack Shafer/Slate (citing "slipperiness and many flights of illogic"), FishBowlNY, Politico, Noah Davis/Business Insider, Cutline, earlier] Horton is a lecturer at Columbia Law and his piece drew on work done at Seton Hall Law. More: defense of Horton at leftist TruthOut site;
- Germans hesitate to join nanny-state parade [four years ago on Overlawyered]
Tagged as:
business climates,
California,
environment,
law schools,
prisoners,
prosecution,
trademarks
Ted at Point of Law has details on an environmental-remediation law that has helped perpetuate a culture of big-ticket litigation: “One verdict awarded $54 million for environmental damage to a piece of land that was never worth more than $108,000.” We covered the long-running Exxon v. Grefer case, in which a jury ordered the oil company to pay $1 billion (later knocked down to $112 million) over an instance of contamination on land owned by a Louisiana judge’s family.
Tagged as:
environment,
Louisiana,
oil industry
With “one-way” fee entitlements — plaintiffs collect if successful, but do not pay if they lose — it is no wonder that the California Environmental Quality Act [CEQA] attracts tactical and opportunistic litigants, including some whose interest seems to lie more in legal fees than in environmental reform. “Unfortunately, it is not uncommon to see CEQA used by competitors to block new businesses from coming into their market or by unions trying to force businesses to accept labor agreements. Neither represents what CEQA was intended to do, and there should be protections so the law cannot be [hijacked] for such purposes.” [Cynthia Kurtz, Whittier Daily News via Todd Roberson, CJAC]
Tagged as:
attorneys' fees,
California,
environment
Race car great Bobby Unser discusses his legal ordeal — after his snowmobile got lost in a blizzard, he was charged with having entered protected federal wilderness land — in this Heritage Foundation video [more]
Tagged as:
crime and punishment,
environment,
prosecution
- Environmental milestone? “Bolivia is set to pass the world’s first laws granting all nature equal rights to humans.” [JoNova via Coyote]
- Add another to the list of judges who file suits over critical discussion of their rulings, in this case by the losing party, a newspaper [ABA Journal]
- “Obama on presidential signing statements then … and now” [Bainbridge, Outside the Beltway]
- “The never-ending stream of futile petitions suggests that habeas corpus is a wasteful nuisance.” [Joseph Hoffmann and Nancy King, NYT, via Lat, Frank] A different view: Scott Greenfield, The Briefcase.
- Global warming suits “a misuse of the judiciary branch” [Laurence Tribe, Boston Globe via WLF]
- Competing for the HuffPo reader? On link between chemical exposures and cancer, Salon.com perpetrates “utter nonsense” [Orac, Respectful Insolence]
- Iqbal/Twombly: “Reports of pleading’s demise may have been exaggerated” [Wasserman, Prawfs]
Tagged as:
Barack Obama,
environment,
judges,
libel slander and defamation,
pleading
