Overlawyered » federalism http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Bribing states to spend and regulate http://overlawyered.com/2012/02/bribing-states-to-spend-and-regulate/ http://overlawyered.com/2012/02/bribing-states-to-spend-and-regulate/#comments Tue, 14 Feb 2012 05:12:34 +0000 Walter Olson http://overlawyered.com/?p=27583 In the earlier and sounder conception of federalism, local and national government were meant to check each other’s overweening power. Nowadays, unfortunately, the two often interact in a cooperative way to encourage bigger government at both levels, as Washington bribes the states to spend and regulate more. I explain at Cato at Liberty (& Damon Root, Reason).

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]]> http://overlawyered.com/2012/02/bribing-states-to-spend-and-regulate/feed/ 0 February 8 roundup http://overlawyered.com/2012/02/february-8-roundup-4/ http://overlawyered.com/2012/02/february-8-roundup-4/#comments Wed, 08 Feb 2012 05:15:22 +0000 Walter Olson http://overlawyered.com/?p=27202
  • Popular proposal to curb Congressional insider trading (”STOCK Act”) could have disturbing unintended consequences [John Berlau, CEI "Open Market"]
  • Here’s Joe’s number, he’ll do a good job of suing us: “Some Maryland hospitals recommend lawyers to patients” [Baltimore Sun, Ron Miller]
  • Bribing the states to spend: follies of our fiscal federalism, and other themes from Michael Greve’s new book The Upside-Down Constitution [LLL, more] “Atlas Croaks, Supreme Court Shrugs” [Greve, Charleston Law Review; related, Ted Frank]
  • “… Daubert Relevancy is the Sentry That Guards Against the Tyranny of Experts” [David Oliver on new First Circuit opinion or scroll to Jan. 23]
  • Goodbye old political tweets, Eric Turkewitz is off to trial;
  • State laws squelch election speech, and political class shrugs (or secretly smiles) [George Will]
  • Too bad Carlyle Group got scared off promising experiment to revamp corporate governance to curb role of litigation [Ted Frank, Gordon Smith] AAJ should try harder to use people’s quotes in context [Bainbridge]
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    ]]>     http://overlawyered.com/2012/02/february-8-roundup-4/feed/ 2     June 30 roundup http://overlawyered.com/2011/06/june-30-roundup-3/ http://overlawyered.com/2011/06/june-30-roundup-3/#comments Thu, 30 Jun 2011 05:10:01 +0000 Walter Olson http://overlawyered.com/?p=23661
  • First Amendment wins as SCOTUS strikes down violent-videogame ban [Ilya Shapiro, Hans Bader] Justice Scalia cites “Snow White” and “Hansel and Gretel” [Ann Althouse]
  • More Wal-Mart v. Dukes analysis [Schwartz, Althouse, Trask, Fisher, Beck, Sergio Campos/Prawfs] And aftermath for the litigants and others: ABA Journal (Pelosi wants legislative fix), CLP (plaintiffs), Reuters (law firm that’s won hundreds of millions in class actions complains it’s sunk $7 million into the case), Ted Frank (responding to that), Bay Citizen (”Foundations Could Pull Plug on Wal-Mart Suit”).
  • “Would the REINS Act Rein In Federal Regulation?” [Jonathan Adler, Regulation magazine (PDF)]
  • “Hypotheses Are Verified By Testing, Not By Submitting Them To Lay Juries For A Vote” [David Oliver; Drug and Device Law on denture cream product liability suit]
  • Clash between federalism and some med mal reform proposals could have implications for ObamaCare battle [John Baker, Daily Caller; earlier]
  • Dan Snyder Gets a Taste of D.C.’s New Anti-SLAPP Law [Citizen Media Law, earlier]
  • Court skeptical of testimony of lap dance expert [Legal Blog Watch]
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    ]]>     http://overlawyered.com/2011/06/june-30-roundup-3/feed/ 0     Medical liability reform: the federalism problem http://overlawyered.com/2011/05/medical-liability-reform-the-federalism-problem/ http://overlawyered.com/2011/05/medical-liability-reform-the-federalism-problem/#comments Tue, 24 May 2011 20:13:45 +0000 Walter Olson http://overlawyered.com/?p=23108 It’s quite real, I argue at Cato at Liberty — and I try to draw some distinctions as to ways Congress could usefully address liability without inserting itself into the proper business of the state courts. More: Adler, Volokh; Reynolds, Instapundit, Turkewitz, Childs/TortsProf, Beck/Drug & Device Law.

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    ]]>     http://overlawyered.com/2011/05/medical-liability-reform-the-federalism-problem/feed/ 3     Frontiers of federal criminalization http://overlawyered.com/2010/12/frontiers-of-federal-criminalization/ http://overlawyered.com/2010/12/frontiers-of-federal-criminalization/#comments Sat, 11 Dec 2010 05:04:06 +0000 Walter Olson http://overlawyered.com/?p=20584 A case called Bond v. U.S., arising from an admittedly bizarre fact pattern involving a wife’s attempt to injure a romantic rival, provides an opportunity to test the limits of extension of federal criminal law into areas that would ordinarily serve as the occasion of state-level prosecution. The Cato Institute has filed an amicus brief urging a narrow view of the proper federal criminal role in the case, in pursuit of the view that the federal government is one of limited, enumerated powers. [Ilya Shapiro, Cato]

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    ]]>     http://overlawyered.com/2010/12/frontiers-of-federal-criminalization/feed/ 1     June 23 roundup http://overlawyered.com/2010/06/june-23-roundup-2/ http://overlawyered.com/2010/06/june-23-roundup-2/#comments Wed, 23 Jun 2010 05:07:19 +0000 Walter Olson http://overlawyered.com/?p=17906
  • Judge blocks sweeping Obama administration ban on new offshore drilling [Roger Pilon, Cato] Some reasons judge may have found ban irrational [Lowry, NRO, scroll to reader comment; Gus Lubin, Business Insider] More on Jones Act waivers in the Gulf [Bainbridge, earlier]
  • Connecticut AG Blumenthal launches investigation of Google Street View [Rick Green, Courant]
  • Florida judge tosses out $10 million libel verdict against St. Petersburg Times [St. P.T.]
  • Lawyer in British Columbia suspends practice after bizarre jury tampering charges [CBC]
  • “Disclosed to death”: why laws mandating disclosure are so overused and overbroad [Falkenberg, Forbes on work of Omri Ben-Shahar and Carl E. Schneider, via PoL]
  • Judge dismisses controversial Pennsylvania case against Johnson & Johnson over Risperdal marketing, Gov. Rendell had hired major donor to run suit on contingency [LNL, McDonald/NJLRA, earlier]
  • Rick Hills vs. Ilya Somin on federalism and constitutional enforcement of property rights [Prawfsblawg, Volokh]
  • Beware proposed expansion of Federal Trade Commission powers [Wood, ShopFloor]
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    ]]>     http://overlawyered.com/2010/06/june-23-roundup-2/feed/ 2     SLAPP bill: advancing free speech at federalism’s expense? http://overlawyered.com/2010/03/slapp-bill-advancing-free-speech-at-federalisms-expense/ http://overlawyered.com/2010/03/slapp-bill-advancing-free-speech-at-federalisms-expense/#comments Sat, 13 Mar 2010 05:04:14 +0000 Walter Olson http://overlawyered.com/?p=16486 Ken at Popehat: “Let’s get this straight from the start: I’m in favor of anti-SLAPP statutes and vigorous legal protections for free speech. I’m just not convinced that federalizing libel law is the right way to go about it.” Earlier on the Cohen bill here.

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    ]]>     http://overlawyered.com/2010/03/slapp-bill-advancing-free-speech-at-federalisms-expense/feed/ 0     November 16 roundup http://overlawyered.com/2009/11/november-16-roundup-2/ http://overlawyered.com/2009/11/november-16-roundup-2/#comments Mon, 16 Nov 2009 05:04:20 +0000 Walter Olson http://overlawyered.com/?p=14746
  • German law firm demands that Wikipedia remove true information about now-paroled murderers [EFF] More: Eugene Volokh.
  • “Class Actions: Some Plaintiffs’ Lawyers Fed Up, Too?” [California Civil Justice]
  • Drop that Irish coffee and back away: “F.D.A. Says It May Ban Alcoholic Drinks With Caffeine” [NYT]
  • Profile of L.A. tort lawyers Walter Lack and Thomas Girardi, now in hot water following Nicaraguan banana-pesticide scandal [The Recorder; my earlier outing on "Erin Brockovich" case]
  • Federalist Society panel on federalism and preemption [BLT]
  • Confidence in the courts? PriceWaterhouseCoopers would rather face Satyam securities fraud lawsuits in India than in U.S. [Hartley]
  • Allegation: Scruggs continuing to wheel and deal behind bars [Freeland]
  • Not much that will be new to longtime readers here: “Ten ridiculous lawsuits against Big Business” [Biz Insider] P.S.: Legal Blog Watch had more lists back in June.
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    ]]>     http://overlawyered.com/2009/11/november-16-roundup-2/feed/ 2     Howard Dean on Obamacare and med-mal reform http://overlawyered.com/2009/08/howard-dean-on-obamacare-and-med-mal-reform/ http://overlawyered.com/2009/08/howard-dean-on-obamacare-and-med-mal-reform/#comments Sat, 29 Aug 2009 17:52:06 +0000 Walter Olson http://overlawyered.com/?p=13377 Perhaps the most buzzed-about story while I was on vacation (I’m back now) was the frank acknowledgment by former Democratic Party chairman (and former physician) Howard Dean when asked why liability reform was omitted from the health care redesign. FirstAidIconFrom the New York Times “Prescriptions” blog:

    The man then asked why tort reform was not part of any health overhaul.

    Dr. Dean replied that the more items in a big bill, the more enemies it will have. “The people who wrote it did not want to take on the trial lawyers in addition to everyone else,” Dr. Dean said.

    Dr. Dean also said he believed that patients should be able to bring actions against health care professionals, but they should go to arbitration. Then the case could go to trial, he said, but the arbitration verdict should be submitted as evidence. Not much reaction to that either way.

    Mr. Moran [Northern Virginia Congressman Jim Moran] then apologized to the man whose identity he had questioned and added his 2 cents about why tort reform was not part of any bill. He said if it were, such a bill would have to go through the judiciary committee, which he said was one of the most partisan in Congress and would never have reported it out.

    Commentary: Mark Tapscott/Examiner, Washington Times, Darrin McKinney/ATRA, Dan Pero linking Tiger Joyce/Investors Business Daily, Charles Krauthammer/FoxNews.com via Carter Wood/PoL and NRO “Corner”, Fred Barnes/Weekly Standard.

    Relatedly, Philip K. Howard writes on “Stonewalling Legal Reform“, citing a Jon R. Gabel piece in the Times that rebuts a much-touted-by-trial-lawyers Congressional Budget Office report minimizing the likely cost reductions from malpractice reform. From the American Spectator Blog, “Conservative Leaders on Costly Lawsuits and Health Care Reform“. And Ramesh Ponnuru at NRO reiterates his argument that while malpractice reform is a good idea, it shouldn’t be imposed on the national level by the federal government.

    More: Jim Lindgren at Volokh Conspiracy skewers an appalling report on health care “myths” which received, but did not deserve, the imprimatur of Indiana University.

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    ]]>     http://overlawyered.com/2009/08/howard-dean-on-obamacare-and-med-mal-reform/feed/ 13     August 17 roundup http://overlawyered.com/2009/08/august-17-roundup/ http://overlawyered.com/2009/08/august-17-roundup/#comments Mon, 17 Aug 2009 14:40:12 +0000 Walter Olson http://overlawyered.com/?p=13206
  • Liability protection for doctors, premised on “best-practices” medicine: a proposal to address the federalism difficulties [Bernstein/MacCourt, MI Center for Medical Progress, PoL]
  • Fraud in immigration law victimizes both U.S. and aspiring immigrants [NYT]
  • Paralyzed while tackling opponent, high school footballer now suing Barre, Vt. school system [Barre-Montpelier Times Argus]
  • Memo to Sen. Edwards: voters forgave Grover Cleveland the paternity, but they do mind lies [Mickey Kaus]
  • Issue in New Orleans case: defamatory to call tour guides “thugs”? [Times-Picayune]
  • No more Lux et Veritas: Yale press mohammed_cartoon_bombwimps out on Mohammed cartoons [NYT, Moynihan/Reason "Hit and Run", Steyn/NRO "Corner", Hitchens]
  • More on NYC woman’s “wasted-tuition” suit against college [Mark Gimein, NY Mag via Genova, earlier]
  • Do we really want to let CPSIA’s drafters within a mile of redesigning our health care system? [Inoculated]
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