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illegal drugs

Ted Frank and Heather L. Finley of the Times-Georgian of west Georgia explain why.

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April 3 roundup

by Walter Olson on April 3, 2012

  • 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]

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A group called the National Inhalant Prevention Coalition, with support from federal agencies SAMHSA (Substance Abuse and Mental Health Services Administration) and NIDA (National Institute on Drug Abuse), held a press conference yesterday to promote wider restrictions on the sale and use of helium, the familiar balloon-filling gas that as most people know will make one’s voice squeaky if inhaled. Although helium has low toxicity, it can pose dangers to the user, especially when inhaled directly from a pressurized container, the dangers “mostly related to the mechanical damage of introducing a highly compressed gas into your lungs,” as a doctor put it in a 1997 publication from NIPC (“Helium: Not a Laughing Matter”). The Washington Times reports on the coalition’s demands and quotes me for balance: “Small risk is worth knowing about, but it’s not worth rearranging our whole lives around.” It’s one thing to make sure kids know it’s unacceptably dangerous to breathe gases from pressurized containers, and another to make it unlawful for responsible 17-year-olds to pick up the balloon supplies for the family wedding.

P.S. Several readers wrote to say that because of current federal policy helium winds up artificially underpriced, encouraging its use for frivolous purposes; more on that here.

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February 29 roundup

by Walter Olson on February 29, 2012

  • Jackpot justice and New Jersey pharmacies (with both a Whitney Houston and a Ted Frank angle) [Fox, PoL, our Jan. 3 post]
  • New Mexico: “Trial lawyers object to spaceport limits” [Las Cruces Bulletin]
  • Dodd-Frank: too big not to fail [The Economist] Robert Teitelman (The Deal) on new Stephen Bainbridge book Corporate Governance After the Financial Crisis [HuffPo] Securities suits: “trial lawyers probably won’t be able to defend a defective system forever” [WSJ Dealpolitik]
  • Uh-oh: U.K. Labour opposition looks at unleashing U.S.-style class actions [Guardian] “U.K. Moves ‘No Win, No Fee’ Litigation Reforms to 2013″ [Suzi Ring, Legal Week]
  • More on controls on cold medicines as anti-meth measure [Radley Balko, Megan McArdle, Xeni Jardin, earlier here, here, here]
  • Recognizable at a distance: “In Germany, a Limp Domestic Economy Stifled by Regulation” [NY Times]
  • Fewer lawyers in Congress these days [WSJ Law Blog]

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February 24 roundup

by Walter Olson on February 24, 2012

  • Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
  • NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
  • “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
  • Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
  • Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
  • Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
  • Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)

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Disabled rights roundup

by Walter Olson on February 21, 2012

  • ADA mills continue to extract money from California small businesses with no legislative relief in sight [Auburn Journal, Andrew Ross/S.F. Chronicle, KABC (James Farkus Cohan), WTSP (Squeeze Inn owner speaks out), CJAC (Lungren proposal) and more, Chamber (San Francisco coffee shop's woes, auto-plays video)] Profile of attorney Thomas Frankovich [California Lawyer];
  • EEOC sues employer for turning away job applicant on methadone program [Jon Hyman]
  • “Maryland high court: allergy is disability requiring accommodation” [PoL]
  • “Suits could force L.A. to spend huge sums on sidewalk repair” [Los Angeles Times]
  • Under gun from Department of Justice and SCOTUS Olmstead ruling, Virginia and other states agree to massive overhaul of services for developmentally disabled; not all families, though, are happy with the insistence on relocating residents of large facilities to smaller “community” settings [Richmond Times-Dispatch, McDonnell press release, Norfolk Virginian-Pilot, Staunton News-Leader]
  • “New Case from W.D. Tex. Shows Effect of ADAAA on Back Injury Claims” [Disability Law]
  • Lawyer leads effort to give disabled passengers wider rights to sue airlines [Toledo Free Press]

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“A man who overdosed on stolen drugs he ingested at a party in 2007 has settled his lawsuit with a pharmacy, several guests, the party’s host and the host’s mother for $4.1 million. … [Scott] Simon sued the pharmacy for not taking proper precautions to avoid the theft of drugs. He also sued several guests, the party’s host and the host’s parents, who were away for the weekend.” [AP via NJLRA, Schepisi & McLaughlin]

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Prosecution roundup

by Walter Olson on November 25, 2011

  • Six-year-old charged with sexual assault [Channel3000.com, Wisconsin; Radley Balko]
  • “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]
  • Mens rea erosion a “deeply troublesome trend” [Kevin LaCroix on WSJ] “Trial penalty,” long sentence minimums give prosecutors muscle to extract plea deals [NYT, Sullum] “Settlements feed U.S. prosecutor overreach” [Reynolds Holding, Reuters BreakingViews] “Responsible corporate officer doctrine” worries pharma defense lawyers [WSJ Law Blog] “The continuing quest to criminalize business judgment” [Kirkendall]
  • “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]
  • “Scalia criticizes narcotics laws” [for over-federalization] [WSJ]

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Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record]

And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental health counseling. [Times-Leader]

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Florida lawmakers have purported to impose strict liability on defendants for some drug crimes, but the mens rea (guilty mind) prerequisite is no mere option as a matter of constitutional principle. [Ilya Shapiro, Cato at Liberty] (& welcome Above the Law readers)

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Just when you think the school-locker-search genre has exhausted its outrage potential, comes this: Wolcott, Ct., school authorities falsely informed students over the intercom that a menacing intruder was loose in the school and that everyone needed to go into lockdown mode. Actually, it was an excuse to search lockers for drugs. (None were found.) One possible lesson? “If you say something important to teenagers and you want them to trust you, it’s better not to lie.” [Rick Green, Hartford Courant via Scott Greenfield]

“The House Judiciary Committee passed a bill yesterday that would make it a federal crime for U.S. residents to discuss or plan activities on foreign soil that, if carried out in the U.S., would violate the Controlled Substances Act (CSA) — even if the planned activities are legal in the countries where they’re carried out.” [Balko, Somin]

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September 19 roundup

by Walter Olson on September 19, 2011

  • Educator: please don’t bring lawyers to parent-teacher meetings [Ron Clark, CNN] Steve Brill: what I found when I investigated NYC teacher “rubber rooms” [Reuters] “The Six Dumbest Things Schools Are Doing in the Name of Safety” [Cracked] School waterfall liability [Lincoln, Neb. Journal-Star]
  • As predicted: “Dodd-Frank Paperwork a Bonanza for Consultants and Lawyers” [NYT]
  • “Running out of common drugs” [Josh Bloom, NY Post] Pharmaceutical shortages: the role of Medicare price controls [Richard Epstein, Hoover; earlier here, here, etc.]
  • DoT insists on exposing private flight plans online. Yoo-hoo, privacy advocates? [Steve Chapman]
  • New class action law in Mexico includes loser-pays provision [WSJ]
  • Newt Gingrich candidacy revives memories of his 1995 call for death penalty (with “mass executions”) for drug smuggling [NYT archive via Josh Barro; see also @timothy_watson "Sounds kinda like Shariah Law to me.")
  • "Cy pres slush fund in Georgia under ethics investigation" [PoL]

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The teenage girl’s family has now sued the Los Angeles Memorial Coliseum Commission, the event company Insomniac, a former events manager, and other parties alleging negligent staffing and supervision, inadequate security, slow emergency response and other deficiencies [L.A. Times]

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September 2 roundup

by Walter Olson on September 2, 2011

  • Jury acquits ex-firefighter who claimed disability while competing as a bodybuilder [Boston Herald]
  • Authorities snatch kids from homes after parents busted with small amounts of pot [NYT, Tim Lynch/Cato]
  • “Case Study on Impact of Tort Reform in Mississippi” [Mark Behrens via Scheuerman/TortsProf]
  • When opt-in works: “More than 27,000 S. Korean users join class-action suit against Apple” [Yonhap]
  • Casino liable after customers leave kids unattended in cars? [Max Kennerly]
  • All is forgiven, says frequent investment plaintiff: “State Street Rehired by Calpers After Being Likened to ‘Thugs’” [Business Week]
  • Vintage comic book covers on law themes are a regular Friday feature at Abnormal Use.

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Drug test positive…

by Walter Olson on August 22, 2011

…on an old bottle of motor oil, resulting in 12 days in jail for a 66-year-old Minnesota woman. [Minneapolis Star-Tribune via Balko]

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August 2 roundup

by Walter Olson on August 2, 2011

  • Yikes! “House Committee Approves Bill Mandating That Internet Companies Spy on Their Users” [EFF; Julian Sanchez, New York Post/Cato and podcast]
  • Australia courts skeptical about claim that sex injury is covered under workers’ comp [Herald Sun]
  • Well-off community doesn’t need annual HUD grant, seeks to sell it [Dan Mitchell]
  • Report: playful City Museum in St. Louis has taken down signs criticizing lawyers [Bill Childs/TortsProf, earlier]
  • 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]

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In my new post at Cato at Liberty, I quote a few highlights from Philip Greenspun’s account of his encounter with Federal Aviation Administration regulators intent on applying to the smallest aviation businesses the same rules that govern the largest. Per George Wallace, “All regulation aspires to the condition of a Monty Python sketch.”

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