Overlawyered » immigration law http://overlawyered.com Chronicling the high cost of our legal system Tue, 30 Sep 2014 13:55:59 +0000 en-US hourly 1 http://wordpress.org/?v=4.0 “Wage Depression RICO Claims Getting Twiqbal’d” http://overlawyered.com/2014/08/wage-depression-rico-claims-getting-twiqbald/ http://overlawyered.com/2014/08/wage-depression-rico-claims-getting-twiqbald/#comments Sat, 02 Aug 2014 16:37:42 +0000 http://overlawyered.com/?p=47352 Some lawyers have filed attempted mass suits (earlier here, here, etc. on Mohawk Industries case) claiming that by hiring undocumented workers employers have engaged in “racketeering” for which they should owe money under the RICO law to other workers, above and beyond whatever wages were agreed to at the time or prescribed by statute. It […]

“Wage Depression RICO Claims Getting Twiqbal’d” is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
Some lawyers have filed attempted mass suits (earlier here, here, etc. on Mohawk Industries case) claiming that by hiring undocumented workers employers have engaged in “racketeering” for which they should owe money under the RICO law to other workers, above and beyond whatever wages were agreed to at the time or prescribed by statute. It was always a strained theory, and now is said to be encountering tougher going because courts are being more particular about requiring that plaintiffs’ pleadings spell out plausible theories of proximate cause, injury and damages, under the Twombly/Iqbal standard by which the U.S. Supreme Court has toughened early scrutiny of lawsuits. If that’s so, chalk up one more Twiqbal victory for common sense and restraint in litigation. [Workplace Prof, from the Spring]

Tags: , ,

“Wage Depression RICO Claims Getting Twiqbal’d” is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2014/08/wage-depression-rico-claims-getting-twiqbald/feed/ 1
Great moments in immigration law http://overlawyered.com/2014/07/great-moments-immigration-law/ http://overlawyered.com/2014/07/great-moments-immigration-law/#comments Tue, 08 Jul 2014 15:52:34 +0000 http://overlawyered.com/?p=46983 When a near-unanimous Congress came together in 2008 to pass something with the moralistic, self-congratulatory name of the “William Wilberforce Trafficking Victims Protection” Act, we should have braced ourselves for major, unintended, un-humanitarian consequences. And here they are. [Alex Nowrasteh, The Hill] More: Now that the Wilberforce Act’s moral posturing has led to more actual […]

Great moments in immigration law is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
When a near-unanimous Congress came together in 2008 to pass something with the moralistic, self-congratulatory name of the “William Wilberforce Trafficking Victims Protection” Act, we should have braced ourselves for major, unintended, un-humanitarian consequences. And here they are. [Alex Nowrasteh, The Hill]

More: Now that the Wilberforce Act’s moral posturing has led to more actual trafficking, activist groups (see their open letter) are pressuring the White House not to fix the law [Charles Lane, Washington Post] “Congress likes to put fancy titles on its legislative handiwork, but they should probably just call everything the Law of Unintended Consequences, especially immigration bills.”

Tags: , ,

Great moments in immigration law is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2014/07/great-moments-immigration-law/feed/ 0
Police and corrections roundup http://overlawyered.com/2014/04/police-prosecution-roundup-14/ http://overlawyered.com/2014/04/police-prosecution-roundup-14/#comments Wed, 09 Apr 2014 04:05:54 +0000 http://overlawyered.com/?p=44823 “Cops or soldiers? America’s police have become too militarized” [The Economist survey and related editorial] Rep. Hank Johnson (D-Ga.) introduces bill to rein in police militarization [Radley Balko] “Connecticut City Will Have to Re-Hire Cop Fired for Premature Decision to Use Deadly Force” [Ed Krayewski, Reason] “No, legalizing medical marijuana doesn’t lead to crime, according […]

Police and corrections roundup is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
  • “Cops or soldiers? America’s police have become too militarized” [The Economist survey and related editorial] Rep. Hank Johnson (D-Ga.) introduces bill to rein in police militarization [Radley Balko]
  • “Connecticut City Will Have to Re-Hire Cop Fired for Premature Decision to Use Deadly Force” [Ed Krayewski, Reason]
  • “No, legalizing medical marijuana doesn’t lead to crime, according to actual crime stats” [Emily Badger, WaPo] New Marijuana Law Policy and Reform blog from Doug Berman of Ohio State;
  • “While their agency minders weren’t looking, the Border Patrol has developed a substantial excessive force problem.” [Dara Lind, Vox]
  • “Los Angeles Cops Argue All Cars in L.A. Are Under Investigation” [Jennifer Lynch, EFF/Gizmodo]
  • Kansas family spent $25K establishing that loose tea leaves, hydroponic gear were reasons for SWAT raid on their home [KSHB, Radley Balko]
  • “Kids Doing Time For What’s Not a Crime: The Over-Incarceration of Status Offenders” [Marc Levin and Derek Cohen, Texas Public Policy Foundation, PDF] More: Balko.
  • Tags: , , , , , ,

    Police and corrections roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2014/04/police-prosecution-roundup-14/feed/ 1
    Super Bowl ads in review http://overlawyered.com/2014/02/super-bowl-ads-review/ http://overlawyered.com/2014/02/super-bowl-ads-review/#comments Tue, 04 Feb 2014 03:58:59 +0000 http://overlawyered.com/?p=43834 A Georgia lawyer aired an ad bizarre enough that it’s made the rounds of the legal sites: More from Lowering the Bar (“As Rolling Stone suggests, it is a little problematic that the ad depicts him desecrating a grave and smashing a grave marker, even if he does it with a flaming sledgehammer named after […]

    Super Bowl ads in review is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    A Georgia lawyer aired an ad bizarre enough that it’s made the rounds of the legal sites:

    More from Lowering the Bar (“As Rolling Stone suggests, it is a little problematic that the ad depicts him desecrating a grave and smashing a grave marker, even if he does it with a flaming sledgehammer named after his dead brother and to a badass metal soundtrack.”)

    Meanwhile, over at Cato at Liberty, I’ve got a commentary on the Coca-Cola ad with at least a tangential relation to language law, the legacy of Teddy Roosevelt’s Progressives, and the gracefulness of being good winners regarding the success of English assimilation.

    Tags: , , , ,

    Super Bowl ads in review is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2014/02/super-bowl-ads-review/feed/ 0
    January 10 roundup http://overlawyered.com/2014/01/december-27-roundup-2/ http://overlawyered.com/2014/01/december-27-roundup-2/#comments Fri, 10 Jan 2014 04:05:17 +0000 http://overlawyered.com/?p=43038 Faking a Sept. 11 injury would seem basically as disgraceful as faking a war injury, no? [NY Post, Legal Ethics Forum; earlier on Ground Zero compensation here, here, here, here, here (2008 fraud), here, etc. ] “Illegal Aliens May Get License to Practice Law in California” [Volokh, earlier] A curious companion headline from only three […]

    January 10 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • Faking a Sept. 11 injury would seem basically as disgraceful as faking a war injury, no? [NY Post, Legal Ethics Forum; earlier on Ground Zero compensation here, here, here, here, here (2008 fraud), here, etc. ]
  • “Illegal Aliens May Get License to Practice Law in California” [Volokh, earlier] A curious companion headline from only three and a half years ago, and also from California: “Government seeks forfeiture, managers’ prison time for hiring illegal aliens”
  • A look back at the Keller Satanic-ritual-abuse case from Texas [Slate]
  • Piacentile v. Amgen case “offers a little window into the ugly side of the qui tam business” [Steve McConnell, Drug and Device Law; related from same blog on case of U.S. ex rel. Watson v. King-Vassel, here and here]
  • “Father and Daughter Sentenced in $1.5 Million Insurance Fraud Case” [San Diego D.A.]
  • Michael McConnell in the Yale Law Journal on religious freedom;
  • Child support law madness, Virginia division [Hans Bader]
  • Tags: , , , , , , , ,

    January 10 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2014/01/december-27-roundup-2/feed/ 2
    “Live With a Foreigner Who Doesn’t Have a Green Card?…” http://overlawyered.com/2013/10/live-foreigner-doesnt-green-card/ http://overlawyered.com/2013/10/live-foreigner-doesnt-green-card/#comments Sat, 19 Oct 2013 14:43:11 +0000 http://overlawyered.com/?p=42016 “…You Must Keep Your Guns Locked Up,” on pain of criminal punishment. At least that’s the import of an odd new California measure signed into law by Gov. Jerry Brown. [Eugene Volokh] Tweet Tags: California, guns, immigration law

    “Live With a Foreigner Who Doesn’t Have a Green Card?…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “…You Must Keep Your Guns Locked Up,” on pain of criminal punishment. At least that’s the import of an odd new California measure signed into law by Gov. Jerry Brown. [Eugene Volokh]

    Tags: , ,

    “Live With a Foreigner Who Doesn’t Have a Green Card?…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/10/live-foreigner-doesnt-green-card/feed/ 1
    October 7 roundup http://overlawyered.com/2013/10/october-7-roundup-3/ http://overlawyered.com/2013/10/october-7-roundup-3/#comments Mon, 07 Oct 2013 10:39:02 +0000 http://overlawyered.com/?p=41762 More regulation of online speech: what could go wrong? “‘Eraser’ law gives California teens the right to delete online posts” [ABA Journal, Eric Goldman, Scott Greenfield] Gov. Brown signs bill to grant law licenses in California to illegal immigrants [Reuters] “Court: website alleging police corruption shouldn’t have been shut down” [Ars Technica; Lafayette, Louisiana] License […]

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

    ]]>
  • More regulation of online speech: what could go wrong? “‘Eraser’ law gives California teens the right to delete online posts” [ABA Journal, Eric Goldman, Scott Greenfield]
  • Gov. Brown signs bill to grant law licenses in California to illegal immigrants [Reuters]
  • “Court: website alleging police corruption shouldn’t have been shut down” [Ars Technica; Lafayette, Louisiana]
  • License to speak: Eugene Volokh and Cato Institute challenge licensing of DC tour guides;
  • Thanks to Keith Lee at Associates Mind for including us in list of recommended law sites;
  • St. Paul disparate-impact housing controversy: “How Mischievous Obama Administration Officials Scuttled An Important Supreme Court Case” [Trevor Burrus, see also]
  • Great circle of tax-funded life: public sector lobbying expenditures [Washington state via Tyler Cowen]
  • Tags: , , , , ,

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

    ]]>
    http://overlawyered.com/2013/10/october-7-roundup-3/feed/ 0
    Undocumented = unmentionable? http://overlawyered.com/2013/09/undocumented-unmentionable/ http://overlawyered.com/2013/09/undocumented-unmentionable/#comments Sat, 21 Sep 2013 13:12:13 +0000 http://overlawyered.com/?p=41530 “An Indiana lawyer has been suspended for 30 days for a comment about the immigration status of his divorce client’s spouse in a letter sent to opposing counsel and the judge in the case.” [ABA Journal] Tweet Tags: immigration law, Indiana, sanctions

    Undocumented = unmentionable? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “An Indiana lawyer has been suspended for 30 days for a comment about the immigration status of his divorce client’s spouse in a letter sent to opposing counsel and the judge in the case.” [ABA Journal]

    Tags: , ,

    Undocumented = unmentionable? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/09/undocumented-unmentionable/feed/ 4
    A solution to the jobless-lawyer problem? http://overlawyered.com/2013/05/a-solution-jobless-lawyer-problem/ http://overlawyered.com/2013/05/a-solution-jobless-lawyer-problem/#comments Sat, 25 May 2013 14:29:50 +0000 http://overlawyered.com/?p=38670 The immigration bill would give many deportees free attorneys [Slate] Tweet Tags: civil gideon, immigration law

    A solution to the jobless-lawyer problem? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    The immigration bill would give many deportees free attorneys [Slate]

    Tags: ,

    A solution to the jobless-lawyer problem? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/05/a-solution-jobless-lawyer-problem/feed/ 2
    Let non-citizens serve on juries? http://overlawyered.com/2013/05/let-non-citizens-serve-juries/ http://overlawyered.com/2013/05/let-non-citizens-serve-juries/#comments Wed, 22 May 2013 15:43:19 +0000 http://overlawyered.com/?p=38588 Assemblyman Bob Wieckowski (D-Fremont), the sponsor of a bill in the California legislature, thinks jury service would help advance the assimilation of immigrants by exposing them to an important civic process. Ben Boychuk, at City Journal, doesn’t agree, quoting political scientist Edward Erler: “The idea that legal immigrants can learn to become citizens through jury […]

    Let non-citizens serve on juries? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Assemblyman Bob Wieckowski (D-Fremont), the sponsor of a bill in the California legislature, thinks jury service would help advance the assimilation of immigrants by exposing them to an important civic process. Ben Boychuk, at City Journal, doesn’t agree, quoting political scientist Edward Erler: “The idea that legal immigrants can learn to become citizens through jury service is a dangerous experiment on the liberties of American citizens.”

    Tags: , ,

    Let non-citizens serve on juries? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/05/let-non-citizens-serve-juries/feed/ 7