Posts tagged as:

Indiana

Wait a minute. You took my profanity-laden, violence-suggestive tirade seriously? Attorney Hanson “said he had not meant to threaten the man, but simply convey that he would gather all relevant evidence to defend his client.” [ABA Journal]

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I’ve got a write-up at Cato at Liberty about the federal government’s massive, SWAT-like occupation of the rural Indiana property of Don Miller, a celebrated 91-year-old local collector who has traveled the globe and whose impressive collection of world and Indian artifacts “was featured in a four part series in the Rushville Republican.” Under various treaties and federal laws, mostly dating to relatively recent times, the federal government now deems ownership of many antiquities and Native American artifacts to be unlawful even if collectors acquired them in good faith before laws changed. [WISH (TV), Indianapolis Star, The Blaze.] More: coverage in two more outlets with a flavor very different from each other, Shelby County News (FBI source stresses Miller’s cooperativeness and suggests federal actions were wtih his consent or even at his behest) and National Public Radio (“seized,” “confiscated”)

Related: Richard Epstein at Hoover on Obama Administration plans to prohibit selling your family’s vintage piano or moving it across a state line. And aside from ivory chess sets, the nascent War on Antiques might take a toll of replica firearms [Washington Times]

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Environmental roundup

by Walter Olson on March 26, 2014

  • Oklahoma attorney general goes to court claiming private litigant manipulation of endangered/threatened species petition process [Lowell Rothschild & Kevin Ewing; NPR "State Impact"; Oklahoman, auto-plays ad video; press release, Oklahoma AG E. Scott Pruitt; ESA Watch site from oil riggers; more on the topic]
  • New Yorker mag backs tale of frogs/atrazine researcher who claims conspiracy. Someone’s gonna wind up embarrassed [Jon Entine]
  • Does gas company lease of subsurface rights entitle it to seek injunction excluding protesters from ground level? [Paul Alan Levy]
  • California: “Abusive Coastal Agency Demands Even More Power” [Steven Greenhut]
  • Mr. Harris, you embarrass: “recreational burning of wood is unethical and should be illegal” [Sam Harris from 2012]
  • Harrisburg Patriot-News series on flood insurance [TortsProf, R Street Institute on recent bill]
  • Kansas, Louisiana, and Indiana named top states on property rights freedoms [Mercatus]

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Law schools roundup

by Walter Olson on October 8, 2013

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September 23 roundup

by Walter Olson on September 23, 2013

  • Drunk driver leaves road, hits power pole, Washington high court allows suit against property owner to proceed [Lowman v. Wilbur, PDF]
  • State attorneys general pressure clothing maker to drop t-shirts with drug names [ABA Journal, related earlier]
  • More transparency needed in Child Protective Services [Reason TV] One lawyer’s critique of CPS [Laurel Dietz, Straight (Vancouver)]
  • While aspiring to nudge us into more farsighted financial practices, government has trouble staying out of dumb bond deals itself [Coyote, and more (Detroit)]
  • You can care about safety but still think some speed limits are set too low [Canadian video on Jalopnik]
  • Trial lawyers aim to extend to Indiana their Idaho victory over “Baseball Rule” on spectator liability [NWIT, earlier here, here, here, etc.]
  • New “fair-housing” assessment and planning process propels federal government into social engineering [IBD editorial via AEI Ideas, HUD]

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Undocumented = unmentionable?

by Walter Olson on September 21, 2013

“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]

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Labor and employment roundup

by Walter Olson on September 13, 2013

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Law school roundup

by Walter Olson on August 26, 2013

  • Now we’re getting somewhere? “ABA Task Force Releases Draft of Recommendations to Reform Legal Education” [Orin Kerr] “ABA Panel Favors Dropping Law School Tenure Requirement” [Karen Sloan, NLJ]
  • Now we’re getting somewhere, cont’d? “Obama: two years of law school should be enough” [Prof. Bainbridge, Stephen Gillers]
  • Many law reviews continue to “struggle with forthrightness” on circulation, Virginia’s claims 1700 but actual number is 304 [Ross Davies' annual Green Bag survey, just out; my related Atlantic take last year]
  • “Washington U. Dean Syverud Tells ABA Task Force: Law Profs, Deans Are Paid Too Much; 50% Pay Cut Would Solve Problem” [TaxProf] “New Law School Gets Just A Third Of Its Expected Starting Class” [Elie Mystal, Above the Law; Indiana Tech]
  • How misleading are stats Rutgers-Newark puts out for its grads’ “median private sector starting salary”? [Paul Campos] “Sixth Circuit: it was unreasonable for Cooley applicants to believe Cooley’s ‘objectively untrue’ statements” [John Steele] “Former Villanova Law Dean Suspended from Practice for Filing Knowingly False Admissions Data” [Legal Ethics Forum]
  • Claim: under “principles of social justice lawyering …lawyers have a fiduciary duty to create equal justice under the law.” Would she disbar those who don’t? [Artika Tyner, SSRN, via Legal Ethics Forum]
  • Has Georgetown figured out a way to offer free law school tuition, and if so how much of the “free” winds up being on the taxpayers’ dime? [Politico, Milan Markovic, Hans Bader]
  • “Law School to Remove Fraudster’s Name From Atrium” [Indiana; Lowering the Bar]

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I’ll be speaking in Indianapolis on Thursday to the lawyer’s chapter of the Federalist Society, at noon at the Conrad Indianapolis, 50 W. Washington. My topic: “Why Do American Law Schools Tilt Left?” Details here.

I’ve also scheduled some extra time for myself in town that day in case anyone would like to introduce themselves before or after, or even take me out for coffee.

This will be a busy fall season for me as I’m set to give speeches or participate on panels in Baltimore, the University of Michigan, the University of Chicago, Canisius College, Nebraska, Creighton, and Vermont, among others. Often I’ll be speaking on my book Schools for Misrule, on legal academia, but I also give speeches on quite a few other themes including the nanny state and the American way of litigation. If you’d like me to visit your campus or group, drop me a line.

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  • “The Emperor’s Clothes: Should jury bias against corporations receive legal recognition?” [Michael Krauss on Alabama legal malpractice case]
  • Which did more to compromise gas can usability, regulation or liability? [Coyote, Jeffrey Tucker a year ago at LFB, earlier here, etc.]
  • Wow: Litigation Lobby stalwart Joan Claybrook signs her name to letter claiming there’s “no evidence” of “significant fraud” in asbestos litigation [WSJ letter] “Peter Angelos’s Asbestos Book” [WSJ] “House panel passes asbestos trusts transparency bill” [Law360, Chamber-backed Legal NewsLine]
  • “Indiana’s ‘Government Compliance’ Presumption Against Defect and Negligence” [John Sullivan, D&DL]
  • CPSC Commissioner Nancy Nord on the commission’s certificates of compliance;
  • A way to head off the product-suit technique for bypassing workers’-comp limits? “Pennsylvania Supreme Court Allows Waivers for Future Negligence by Third Parties” [Krauss, Point of Law]
  • California cities’ lead-paint-as-nuisance suit may be headed for trial [Max Taves, Recorder]
  • Maryland: “Montgomery County Police ‘Effects’ Bargaining Bludgeons Public Safety” [Trey Kovacs, CEI, earlier] Time to revisit “effects” bargaining for other employee groups too [Gazette]
  • “A New Whistleblower Retaliation Statute Grows Up: Dodd-Frank is the new Sarbanes-Oxley” [Daniel Schwartz]
  • Proposal for disclosure of “persuaders” would threaten many employers [Michael Lotito/The Hill, earlier]
  • Judge greenlights union suit challenging new Indiana right to work law [RedState]
  • “Discovery of Immigration-Status Denied in FLSA Case” [Workplace Prof]
  • “Same Song, Umpteenth Verse – No Discrimination, Retaliation Worth $2 Million” [Fox/Employer's Lawyer; Ithaca, N.Y.]
  • NLRB on collision course with Indian tribal sovereignty [Fred Wszolek, Indian Country Today]

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  • Despite misconception that the NLRB goes after employers only over union-related issues, its reach includes “concerted activity” by workers whether unionized or not, and it intends to make that power felt [Jon Hyman]
  • EEOC cracks down on Marylou’s, Massachusetts coffee shop chain said to hire “pretty” staff. Tougher scrutiny of “looksism” ahead? [James McDonald/Fisher & Phillips, HR Morning, Boston Herald, related editorial]
  • As critics warned at the time, Sarbanes-Oxley whistleblowing provisions make a versatile weapon for employment plaintiffs [Daniel Schwartz]
  • “Is Your Job Too Hard? File a Lawsuit!” [Philip Miles]
  • Unions go to court seeking to overturn new Indiana right to work law [Asheesh Agerwal, Liberty Law] “Unions: Political By Nature” [Ivan Osorio, CEI "Open Market"] SEIU vigilant against menace of higher employer wage offers [James Sherk, NRO] Metropolitan Opera’s $516,577 electrician outearned Carnegie Hall’s $436,097 stagehand [Ira Stoll]
  • Sen. Al Franken [D-Minn.] and Rep. Rosa DeLauro [D-Conn.] introduce bill to overturn SCOTUS’s Wal-Mart v. Dukes [The Hill, Paul Karlsgodt, PoL, Andrew Trask]
  • Lefties: you ‘tarians slight the greater freedom of being able to force people to employ you [MR: Tyler Cowen, Alex Tabarrok]
  • If you’re caught sleeping on the job, courts may not prove sympathetic to your age bias claim [Eric Meyer, Employer Handbook]

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“[An Indiana appeals] court has found that an ever so slightly negligent (2%) business owner needs to pay for 99% of the harm caused by a murderer. Citing the Restatement (Third) of Torts. Section 14, a public policy in favor of adequately compensating the wronged … and the difficulty murderers have in procuring insurance to cover their rampages, the appellate court in Santelli v. Rahmatulla found that the Restatement provides a handy way of escaping Indiana’s reform of its joint and several liability rule.” [David Oliver] More: Point of Law (motel “[adhered] to the non-discriminatory EEOC principle of not performing criminal background checks”).

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“A former city worker is suing Indianapolis after she claims the city failed to accommodate the service dog she needs due to her severe allergy to paprika.” The city had already removed certain foods from its vending machines but declined to accept a service dog as reasonable accommodation under the Americans with Disabilities Act (ADA) because a co-worker was allergic to dogs. [WRTV]

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February 17 roundup

by Walter Olson on February 17, 2012

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Lawyers for survivors of a calamitous stage collapse at the Indiana State Fair in August have sued a variety of defendants including country music duo Sugarland, producers, stagehands and others. [Hollywood Reporter]

“A former Indianapolis Colts cheerleader is suing the organization, claiming they discriminated against her when they fired her for posing in risqué photographs.” [Indianapolis Star]

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Your home no longer your castle: “Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.” [NWI Times] James Joyner rounds up outraged blog reaction, and Scott Greenfield has some thoughts on the gradual erosion of the right to resist.

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