Overlawyered » harassment law

April 3 roundup

Walter Olson — Tue, 03 Apr 2012 04:02:19 +0000

In time for Easter: egg prices soar in Europe under new hen-caging rules [AP]
For third time, the Environmental Protection Agency backtracks on claims of harm from gas “fracking” [Adler; U. Texas study on drinking water safety, CBS Dallas] Yes, there’s a plaintiff’s lawyer angle [David Oliver] Don Elliott, former EPA general counsel, on why his old agency needs cutting [Atlantic] Blow out your candles, coal industry, and so good-bye [Pat Michaels/Cato, Shikha Dalmia]
Following the mad logic wherever it leads: “State Legislators Propose Mandatory Drug Testing of Judges and Other State Officials” [ABA Journal]
Proposal: henceforth no law may run to greater length than Rep. Conyers’s copy of Playboy [Mark Steyn]
Creative American lawyers: “Carnival cruise ship briefly seized in Texas” [AP]
“Overlawyered” is the title of a new commentary in The New Yorker, not related to a certain website [Kelefa Sanneh]
Repressive Connecticut “cyber-harassment” bill [Volokh, Greenfield, Popehat] And now, not to be outdone, Arizona… [Volokh]

Tags: agriculture and farming, animal rights, Arizona, bullying, Connecticut, cruise ships, Environmental Protection Agency, harassment law, illegal drugs, oil industry

April 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“No, You Can’t Sue Your Uncle For Putting Embarrassing Family Photos On Facebook”

Walter Olson — Wed, 22 Feb 2012 17:42:40 +0000

A Minnesota man named Aaron (no relation) Olson has met with no success in legal efforts to force his uncle to remove “innocuous [but surely awkward] family photographs” with snarky captions. [Christopher Danzig, Above the Law; Venkat Balasubramani/TMLB]

Tags: Facebook, harassment law, Streisand effect

“No, You Can’t Sue Your Uncle For Putting Embarrassing Family Photos On Facebook” is a post from Overlawyered - Chronicling the high cost of our legal system

Sex and man at Yale

Walter Olson — Sun, 05 Feb 2012 05:10:30 +0000

Is life at the university fairer under the new sex-complaint procedures mandated by the federal Department of Education? Don’t ask the New York Times [Peter Berkowitz via Ann Althouse] More: Kathleen Parker, WaPo; Brisbane/NYT via Romenesko.

Tags: colleges and universities, harassment law, Yale

Sex and man at Yale is a post from Overlawyered - Chronicling the high cost of our legal system

Employment law roundup

Walter Olson — Thu, 15 Dec 2011 05:05:36 +0000

Age discrimination law (including my views) discussed [Reihan Salam, NRO] “3d Cir.: Employees Fired for Pornographic Emails Lose Age-Discrimination Case” [Molly DiBianca]
Will Obama administration lawsuit derail employer use of career-readiness certificates? [Charlotte Allen, Minding the Campus]
A warning for Gov. Cuomo: “The case against pension-financed infrastructure” [Edward Zelinsky, OUP]
EEOC is on the warpath and employers had better hope they escape unscathed [Hans Bader, CEI]
Since we know unemployment extensions have no incentive effects, this story from the Midwest is purely imaginary [Marietta, Ohio Times, related]
Court rejects “announcement of same sex marriage harassed me” hostile environment claim [Volokh] “Jobs with a higher risk of sexual harassment pay workers more” [WaPo] Half of all students harassed? Surprising it’s only half [Katie Roiphe, NYT]
Funny-sad “666″ workplace suit: “The safety sticker of the beast” [Volokh]
“Do you know what an employment lawsuit costs?” [Jon Hyman]

Tags: age discrimination, EEOC, harassment law, hostile environment, unemployment benefits, workplace

Employment law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

December 7 roundup

Walter Olson — Wed, 07 Dec 2011 05:21:44 +0000

Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]
Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]
Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]
“The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]
Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old's "assault")]
Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]

Tags: Apple, bankruptcy, Florida, harassment law, medical malpractice, movies film and videos

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

November 8 roundup

Walter Olson — Tue, 08 Nov 2011 05:07:26 +0000

Washington Post pundit Dana Milbank’s lament: Obama isn’t doing enough to intimidate opponents [David Boaz, Cato]
FDA defends itself against rising criticism on drug and device approval [NYT] NYT approaches the issue with a curious slant [Paul Rubin]
California courts: what makes you think we need to follow SCOTUS on arbitration? [Cal Biz Lit, more, Russell Jackson] Senate anti-arbitration hearing could have used more truth in advertising [PoL]
Pols want to fast-track favored L.A. stadium against environmental suits under California’s obstructor-friendly CEQA. Hmmm… why not fast-track everyone else too? [Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner]
State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette]
One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr]

November 8 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Welcome Lars Larson listeners

Walter Olson — Tue, 01 Nov 2011 05:16:00 +0000

I joined the radio host yesterday evening to talk about how sexual harassment law works in practice, in light of the reports that presidential candidate Herman Cain was a target in two employee actions alleging “inappropriate” conduct. More on the “hostile environment” branch of harassment law here.

Tags: harassment law, on TV and radio

Welcome Lars Larson listeners is a post from Overlawyered - Chronicling the high cost of our legal system

July 18 roundup

Walter Olson — Mon, 18 Jul 2011 13:13:46 +0000

Per New Jersey court, overly sedentary home office job can result in valid worker’s comp claim [Courier-Post, NJLRA]
Trial bar’s AAJ denies it played “direct” role in backing “Hot Coffee” [WaPo, some background]
“Cop repeatedly harasses waitresses, never disciplined. Feds defend their civil rights by . . . suing the restaurant.” [Palm Beach Post via Radley Balko]
On “unauthorized practice of law” as protective moat around profession’s interests, Britain does things differently [Gillian Hadfield via Andrew Sullivan; related, Larry Ribstein] Forthcoming book by Robert Crandall et al urges lawyer deregulation [Brookings]
“The Treaty Clause Doesn’t Give Congress Unlimited Power” [Ilya Shapiro, Cato on Golan v. Holder case headed to Supreme Court]
The small bank regulatory shakedown blues [Kevin Funnell] Why is the Department of Justice including gag orders as part of its enforcement decrees against banks on race and lending? [Investors Business Daily via PoL] “Emigrant fights back against mortgage-discrimination suits” [Fisher, Forbes] Dodd-Frank squeezing out community banks [Funnell]
“North Carolina to Seize Speeding Cars That Fail to Pull Over” [The Newspaper] “With what, a tractor beam?” [James Taranto]

Tags: AAJ, banks, constitutional law, harassment law, hot coffee, international law, mortgages, New Jersey, North Carolina, traffic laws, workers' compensation

July 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

July 7 roundup

Walter Olson — Thu, 07 Jul 2011 05:33:12 +0000

Correct result, yet potential for mischief in latest SCOTUS climate ruling [Ilya Shapiro/Cato, my earlier take]
Wouldn’t even want to guess: how the Howard Stern show handles sexual harassment training [Hyman]
Philadelphia: $21 million award against emergency room handling noncompliant patient [Kennerly]
Antitrust assault on Google seems geared to protect competitors more than consumers [Josh Wright]
“They knew there was a risk!” Curb your indignation please [Coyote]
Theme issue of Reason magazine on failures of criminal justice system is now online;
“Why Your New Car Doesn’t Have a Spare Tire” [Sam Kazman, WSJ]

Tags: antitrust, autos, broadcasters, climate change, crime and punishment, emergency medicine, global warming, Google, harassment law, Philadelphia, safety

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

Dershowitz on DSK case

Walter Olson — Mon, 13 Jun 2011 18:32:51 +0000

Cynical? Even more so than usual? The Harvard lawprof lays out a theory that ex-IMF chief Dominique Strauss-Kahn and his accuser share an interest in cooperating to foil prosecutor Cy Vance [Newsweek]

Tags: crime and punishment, harassment law

Dershowitz on DSK case is a post from Overlawyered - Chronicling the high cost of our legal system