- “On what planet is it remotely constitutional to *raid someone’s home* and forbid them from speaking about it?” [Julian Sanchez on new at-length National Review account of Wisconsin John Doe raids; my earlier writing on the raids at Cato and here; Scott Shackford, Reason; Walker opponents still defending John Doe proceeding, to praise from (updated) left-leaning national Alliance for Justice and Center for American Progress]
- Virginia Gov. Terry McAuliffe vetoes bill to provide more transparency in state’s hiring of outside counsel [Legal NewsLine]
- BuckyBalls gone, Zen Magnets still standing: “Two Cheers for 10th Circuit’s Temporary Stay of CPSC’s New Magnet Safety Standard” [Mark Chenoweth, WLF]
- Arkansas governor vetoes “right of publicity” bill [Volokh]
- NY Times profiles prolific privacy lawsuit filer Jay Edelson, whose class action firm we’ve met before;
- Recusal motion gamesmanship from trial lawyers at Illinois Supreme Court [Richard Samp, WLF]
- Law faculty diversity: Republican women “were — and are — almost missing from law teaching.” [James Lindgren, SSRN via TaxProf; more from Lindgren]
I’ve now expanded Monday’s post into a longer Cato post. Among the new material, it links Petula Dvorak’s excellent WaPo column (“Our rapid march toward police-state parenting has got to end”) in which, to show how far we have moved, she quotes a checklist from a 1979 book on knowing whether your six-year-old is ready for first grade: “Can he travel alone in the neighborhood (four to eight blocks) to store, school, playground, or to a friend’s home?”
Megan McArdle notes “the kind of range of movement that those of us over 30 recall as a normal part of childhood” and names some possibilities of what social forces might have brought about such an extreme shift in attitudes, from cable news (magnifying the very-rare-in-fact peril of stranger abductions) to the lack of daytime “eyes on the street” to the ubiquity of mobile phones and report-possible-abuse lines (“It would be surprising if we lowered the price of being an officious busybody and didn’t get a lot more of it.”)
Aren’t prisoners allowed one phone call, or is that just on TV? Because the Meitiv kids were not allowed to contact their parents in the six hours they were held by the authorities.
This is probably as good a place as any to share my personal experience: by around age 9 or 10 in the early 1960s I had the run of downtown Detroit and wandered around by myself to all sorts of attractions there, returning to my mother’s place of work at the end of the business day. That was considered a little precocious and my family was proud of me on that account. Once with some extra money in my pocket I even went into a white-tablecloth Italian restaurant by myself and ordered, ate, and paid for a meal with tip, a story told for years afterward.
P.S.: “This is kind of insane — in Illinois it’s illegal to leave a 13-year-old home alone” [Christopher Ingraham, but see comments below (not illegal in Illinois as such, only potentially so depending on a range of factors)]
- Please, someone: you can’t just donate money to the Tulsa police and get full deputy powers, can you? [Tulsa World via @RayDowns]
- Illinois bench-‘n’-bar buzz angrily at Gov. Rauner who broke rule re: not mentioning lawyers’ campaign cash to judges [Chicago Daily Law Bulletin]
- “New York’s Asbestos Court Mulls Changes After Sheldon Silver Scandal” [Daniel Fisher] “‘Judicial malpractice’ not to probe court tied to Silver: Judge” [New York Post]
- Let’s all panic about arsenic in wine, or maybe let’s all not [Nick Farr, Abnormal Use (“The highest arsenic levels cited in the lawsuit are less than half of the limits set by other countries such as Canada”), and more on class action lawsuit]
- “Tennessee Sacrifices Property Rights On The Altar Of ‘Gun Rights'” [Doug Mataconis, Outside the Beltway; earlier here, here, and here]
- Odd that while we make wedding cake bakers and florists common carriers, the old “cab-rank” (any paying client) rule for lawyers has come to seem almost unthinkable [Adam Liptak, NYT on big law firms’ avoidance of representing clients on the unpopular side of major gay rights cases] Similarly: Paul Karl Lukacs, L.A. Daily Journal. Related: “maelstrom of criticism” directed at Harvard lawprof Laurence Tribe over his Supreme Court representation of coal company against EPA [Orin Kerr]
- Just for fun: the preamble to the U.S. Constitution, in license plates [my post at Cato at Liberty]
- Missouri law incentivizes local ticket-writing, Illinois not so much. Guess how municipalities respond? [Jesse Walker] “Ferguson’s Court Fine Scandal Arose Because Of Its Bloated Government” [Scott Beyer; earlier on fines and fees in Ferguson here, here, here, here, here, here, here, etc.] “Nassau’s top cop orders retraining of officers who write fewest tickets” [Newsday via @GoLongIsland]
- Maryland House passes forfeiture reform 81-54, with nearly all GOPers voting against the property rights side [my Free State Notes post, Maryland Reporter and more (Baltimore County Del. and former police officer John Cluster “said he hadn’t seen a single case of abuse in his time”), Jason Boisvert]
- “Quiet change expands ATF power to seize property” [Adam Bates, Cato]
- Meanwhile on the civil side, hedge funds place heavy bets on litigation finance [Paul Barrett, Business Week]
- In news that will surprise few libertarians, debt collection on behalf of government agencies is fraught with problems [CNN project overview links to individual stories]
- Among its numerous other problems, pending “human trafficking” bill would establish a fund to cycle fines back to law enforcement and victim advocates [Elizabeth Nolan Brown, Reason]
- Investigation into forfeiture in Indiana [Indianapolis Star]
Friend of Overlawyered Margaret Little recently reviewed for the WSJ a new book about Abe Lincoln’s greatest law case: “While Judd, like many a flamboyant trial lawyer, opened with the big themes of crime and political influence, it was the technical case advanced by Lincoln that won the day. Mr. McGinty illustrates how central Lincoln’s understanding of river currents, bridge engineering and steamboat operation was to the success of the defense. … (Lincoln was the only president to hold a patent, for a boat-lifting device.)”
Adventures in choice of law: an appeals court swats down an attempt to apply liberal Illinois law to an accident on the road in Indiana. A lower court had gone along with the idea. [Cook County Record]
- Illinois legislature rams through trial lawyer bills before new governor takes office [Chamber-backed Madison Record: retroactive lifting of statute of limitations on asbestos suits, reduction of jury size from 12 to 6]
- “The NFL Concussion Settlement: Class Action Exploitation” [Howard Erichson]
- Thanks to plaintiff-friendly California law, suits over “Made in USA” labels proliferate [WSJ]
- Fraud complaints related to Hurricane Katrina above 30,000 and more continue to come in [Insurance Journal]
- Pennsylvania Supreme Court addresses products liability in case of Tincher v. Omega Flex, Inc., but falls short of coherence or clarity [Deborah La Fetra, Pacific Legal Foundation; Max Kennerly with a plaintiff’s-side view].
- “Fraud on a Federal Court Allows Vacation of Remand Orders” [Fourth Circuit asbestos suit against Colgate-Palmolive; Beck, Drug & Device Law]
- New Jersey Consumer Fraud Act now menaces unwary businesses nationwide [Joanna Shepherd, more]
Substitute-teaching for one day triggered entitlement to a tax-funded pension worth nearly $1 million for a pair of Illinois teacher’s union lobbyists [Adam Andrzejewski, Forbes, citing 2011 Chicago Tribune investigation]
Organized trial lawyers usually don’t make minimum wage increases a top priority, but they may do so in order to deprive incoming GOP Gov. Bruce Rauner of leverage he might use to extract liability reform. [Rich Miller, Crain’s Chicago Business]
Trial lawyer and inveterate Litigation Lobby booster Bruce Braley lost his Iowa senate bid (“He comes across as arrogant, and I think it’s because he is,” said an unnamed Democratic official.) Sen. Mark Pryor, chief Senate handler of the awful CPSIA law, lost big.
Massachusetts voters again rejected Martha Coakley, whose prosecutorial decisions we have found so hard to square with the interests of justice. The Wisconsin Blue Fist school of thought, which sees organized government employees as the natural and truly legitimate governing class, met with a rebuff from voters not only in Wisconsin itself but in neighboring Illinois (where Gov. Quinn, of Harris v. Quinn fame, went down to defeat) and elsewhere. Colorado voters rejected GMO labeling, while a similar Oregon bill was trailing narrowly this morning but not with enough votes to call.
California voters rejected Prop 46, to raise MICRA medical liability limits, require database use and impose drug testing of doctors, by a 67-33 margin, and also rejected Prop 45, intensifying insurance regulation, by a 60-40 margin (earlier).
I’ve written a lot at my Free State Notes blog about the governor’s race in my own state of Maryland, and unlike most others was not surprised at Larry Hogan’s stunning upset victory. The politics category there includes my letter to Washington Post-reading independents and moderates about why they should feel comfortable electing Hogan as a balance to the state’s heavily Democratic legislature, as well as my parody song about what I thought a revealing gaffe by Hogan’s opponent, Lieutenant Governor Anthony Brown.