The great people at Liberty Fund have just launched a new website called Library of Law and Liberty
that promises to be of much interest. Among its debut features: a substantial audio interview in which Richard Reinsch, editor of the site, asks me about my book Schools for Misrule and law schools’ role in reform movements since the Progressive Era. Outstanding legal scholars Michael Greve (AEI) and Mike Rappoport (University of San Diego) will be blogging for the site. Other front-page attractions include Michael Greve discussing his new book The Upside Down Constitution, my Cato colleague John Samples reviewing Eric Posner and Adrian Vermeule’s new book on executive power, Ilya Somin on federalism and individual freedom, and Philip Hamburger and commenters on judicial review.
You can listen to my audio interview on Schools for Misrule at this link.
Tagged as:
constitutional law,
legal blogs,
Schools for Misrule
- Illinois now requires showing of ID, signing of log to buy drain cleaner. So long as you’re not trying to vote! [Consumerist via @amyalkon]
- Tribute to no-longer-anonymous Ken White of Popehat and his work defending bloggers from legal threats [Scott Greenfield; earlier; Ken's defense in Maryland of blogger Aaron Worthing; new case of science blogger in Texas]
- Politicos mobilize against risk that Wal-Mart will bring fresh produce choices to Harlem [Greg Beato] India frets about whether to allow chain stores, recapitulating a debate U.S. once went through [Tabarrok, MR]
- Colorado legislators honored at a luncheon where I spoke [CCJL]
- HHS launches initiative to audit health providers for compliance with HIPAA data privacy law, and many are unprepared [American Medical News, Dana Thrasher, Dom Nicastro/HealthLeaders Media]
- New scholarship on effects of Twombly/Iqbal [Drug and Device Law series first, second, third, CL&P]
- Congratulations to the outstanding Abnormal Use for winning the ABA’s “Blawg 100” vote for best torts blog; we feel pretty good about placing third without mounting a campaign. While exploring that site, don’t miss its stellar coverage of the tendentious documentary “Hot Coffee”.
Tagged as:
bloggers and the law,
Colorado,
HIPAA,
hot coffee,
Illinois,
India,
legal blogs,
pleading,
Wal-Mart
I’m pleased to announce that Overlawyered has been named by the American Bar Association as one of its “Blawg 100″ noteworthy legal blogs. It’s not our first appearance on the list, but it’s always gratifying when it happens.
And here’s the good part: you can vote for us. In particular, you can go to this page:
http://www.abajournal.com/blawg100
You’ll need to register (which only takes a few moments) and then vote for your favorite in each of a list of categories. (They put Overlawyered in the “Torts” category.)

The nominations include many of our favorite and most-linked blogs, including Lowering the Bar, Prof. Bainbridge, Volokh, Jon Hyman, Daniel Schwartz, Abnormal Use, Eric Turkewitz, and Russell Jackson, to name a few. A number of these are also in the “Torts” category which means you’ll need to resist the urge to vote for them and select Overlawyered instead. Please take a moment to vote now. Thanks in advance for your support!
Tagged as:
accolades,
legal blogs
It’s not getting one-ten-thousandth the coverage of Mr. Tasini’s suit against the Huffington Post, perhaps because it’s not based on quite such an exotic set of legal theories. FindLaw pays staffers to write legal blogs and the suit charges that they were encouraged/allowed to work unpaid overtime. [ABA Journal] Eric B. Meyer has more (”Working through lunch may create overtime issues for employers”).
Tagged as:
class actions,
legal blogs,
wage and hour suits
- EU imposes unisex insurance rates [BBC, Wright]
- Law blog on the offense? TechnoLawyer asserts trademark claim against Lawyerist over “Small Law” [Lawyerist]
- “Pro-business Supreme Court” meme strikes out yet again as SCOTUS backs “cat’s-paw” bias suit theory by 8-0-2 margin [Josh Blackman, Schwartz, Fox; Lithwick locus classicus]
- Subprime CDO manager sues financial writer Michael Lewis over statements in his book The Big Short [AW, Salmon, Kennerly]
- Police in Surrey, England, deny advising garden shed owners not to use wire mesh against burglars [Volokh, earlier]
- Patterns of intimidation: protesters swarm Speaker Boehner’s private residence [Hollingsworth, Examiner] Unions fighting Wal-Mart in NYC plan actions at board members’ homes [Stoll] Report: GOP lawmakers in Wisconsin fear for personal safety [Nordlinger, NRO] White House pushing street protests [Welch, Nordlinger] Age of Civility short lived [Badger Blogger, Althouse, Sullivan]
- In clash with trial lawyers, Cuomo proposes pain and suffering limits in med-mal suits [NYDN, more: NYT] “Bloomberg looks to Texas for ideas on changing medical malpractice laws” [City Hall News]
- Hey, should we seize his drum set? Infuriating video on cop raids and forfeiture laws [Institute for Justice, Michigan]
Tagged as:
Dahlia Lithwick,
Europe,
forfeiture,
insurance,
labor unions,
legal blogs,
libel slander and defamation,
medical malpractice,
mortgages,
New York,
sex discrimination,
Supreme Court,
trademarks
Several interesting reactions to my book already from around the blogosphere:
- University of Illinois law professor Larry Ribstein (who commented at my speech there last week): “There was a good turnout and a lot of deserved buzz for this very interesting book. … The book deserves a lot of attention, particularly from law professors and their students as a source of critical perspective on trends in legal education. There is little doubt that the ideas Olson criticizes are hatched mainly in law schools rather than by practicing lawyers and judges, and have led to costly and questionable litigation.” And a response from Scott Greenfield, who says the book’s premise that law professors have great influence over the state of the law “warms the cockles of lawprofs’ hearts given that most of the legal profession considers their influence marginal at best.”
- Ted Frank: “should be required reading for law students, and deserves a place on any Federalist Society member’s bookshelf.”
- Alan Crede writes a lengthy and thoughtful review at Boston Personal Injury Lawyer Blog. He notes that on, e.g., the work of legal clinics, “the traditional taxonomy of liberal and conservative breaks down when you start to deal with many fine-grain legal issues.” And: “There are at least two law professors – Tim Wu and Elizabeth Warren (who is now in the Obama administration) – who possess rock star cachet in progressive circles” and can hardly be charged with any sort of airy unwillingness to engage with the demands of practical law reform. Crede generously concludes “whether you agree with Olson’s conclusions or not, there is a lot that you can learn from ‘Schools For Misrule.’”
- Perhaps my favorite review so far (aside from the great one in Publisher’s Weekly) is from Ira Stoll at Future of Capitalism. It begins: “Of all the possible explanations for Barack Obama, one of the most intriguing is that, like Bill Clinton before him, he was both a law school graduate and a law school professor.” Stoll summarizes many of the book’s themes, particularly as regards “public interest”, human-rights and institutional-reform litigation, and includes this takeaway: “Any donor or foundation wanting to reshape legal education would find Mr. Olson’s book a fine place to begin.”
Tagged as:
law schools,
legal blogs,
on other blogs,
Schools for Misrule
- Report: dead woman’s name robo-signed onto thousands of collection documents [Business Insider] Or was it? [comment, Fredrickson/Collections and Credit Risk (alleging that living daughter shares name of deceased mother)] “Are faked attorney signatures the ‘next huge issue’ in the foreclosure scandal?” [Renee Knake, Legal Ethics Forum]
- “Major Verdict Threatens to Bankrupt Maker of Exercise Equipment” [Laura Simons, Abnormal Use]
- Decline in competitiveness of U.S. capital markets owes much to legal and regulatory developments [Bainbridge, related]
- Deadly Choices, The Panic Virus: Dr. Paul Offit and Seth Mnookin have new books out on vaccine controversy [Orac]
- “No one’s trying to get rich off this,” says lawyer planning suit on behalf of A train subway riders stranded during NYC blizzard [NY Daily News]
- Washington Attorney General Rob McKenna continues to seek solutions to state’s uniquely exposed litigation position, including fix of joint and several liability [Seattle Times, background here and here]
- ABA Blawg 100 picks — and a critique;
- Alabama bar orders lawyer’s law license suspended, but in the mean time he’s been elected judge [four years ago on Overlawyered]
Tagged as:
debtor-creditor law,
legal blogs,
mortgages,
not about the money,
NYC,
product liability,
recreation,
sovereign immunity,
transit,
vaccines,
Washington state
- If you’re thinking of starting in: “A law blogging FAQ” [Venkat Balasubramani] Recommended, even if not new: “Notes on blogging for journalists” from Felix Salmon [July]
- Welcome the Originalism Blog, from Prof. Mike Rappaport’s Constitution Center at the University of San Diego. Acclaimed blogger Mark Herrmann is back, this time at Above the Law. Blogs proliferate on the hot legal area of employment class actions [Trask] Disgraced class-actioneer Bill Lerach has an online column now [John Frith/CJAC, HuffPo]
- A brief history of law blogging [Alex Aldridge, LegalWeek UK] Milestones: Drug and Device Law Blog reaches fourth anniversary (more, Abnormal Use) and Eric Turkewitz reflects on his 1000th post.
- “Lawyer by day, blogger by night:” profile of Anna Berend of Motherly Law [Minneapolis Star-Tribune, and thanks for kind mention]
- Plenty of good reading to be found on ABA’s annual Blawg 100 list despite baffling omissions [Turkewitz, Abnormal Use, Russell Jackson]
- R.I.P: Peter Nordberg, attorney with Philadelphia’s Berger & Montague and a pioneer of online legal commentary with his outstanding site on scientific and expert testimony, Daubert on the Web [Tributes.com obituary, April 2010 but not seen until recently]
Tagged as:
accolades,
Bill Lerach,
legal blogs
- Jack Park on Bruesewitz v. Wyeth vaccine preemption case at Supreme Court [Heritage]
- Incidentally happening to assure lawyers more access to work: Harvard’s Tribe devises “access to justice” initiatives for Obama administration [BLT]
- New Haven cops accidentally photograph themselves deleting video of an unlawful arrest [Balko]
- How elite law culture miscomprehends the military [Second Circuit chief judge Dennis Jacobs speech at Federalist Society convention, YouTube]
- “Later, Bad Lawyer”: a blogger heads to prison [Greenfield]
- Reform medical liability? Depends on how badly you want neurosurgeons’ services [Michael Lavyne, NYDN]
- “Cab-rank principle” in legal ethics explained [Lawyers' Lawyer, Australia; via Legal Ethics Forum]
- $3.5 million award to unsuccessful suicide-while-in-custody is one of long series of such cases [six years ago on Overlawyered]
Tagged as:
ethics,
legal blogs,
medical malpractice,
military,
police,
preemption,
suicide
- Senators and their Constitutional duties: Christine O’Donnell 1, Dahlia Lithwick 0 [Bernstein/Volokh, Shapiro/Cato, Garnett/Prawfs] More: Ted at PoL.
- 15-year-old sentenced to 20 years for killing dog, family says that isn’t long enough [USA Today]
- “Fla. man settles McDonald’s suit over hot sandwich” [AP, earlier]
- “Blasphemy laws by the back door” [Stuttaford, Secular Right, on UK Koran prosecution] “A Defense of Free Speech by American and Canadian Muslims” [The American Muslim]
- “15 new legal blogs prove the blawgosphere is alive and kicking” [Ambrogi, Law Technology News; reactions, Greenfield and Balasubramani]
- A video on your right to videotape cops [David Rittgers, Cato; Greenfield, Balko]
- “My Lie: Why I Falsely Accused My Father” [Meredith Maran interview, Salon]
- “Judge-Mandated Racial Quotas For Plaintiffs’ Law Firms” [Krauss, PoL]
Tagged as:
animals,
child abuse,
constitutional law,
hate speech,
legal blogs,
police
It’s that time of year again and you can not only nominate blogs to the ABA’s “Best Legal Blogs” compilation, but tell why you like them (hint hint). The entry form is here.
Tagged as:
legal blogs
Blog comments by law firms
by Walter Olson on November 9, 2010
When are they commentary sincerely reacting to posts? When are they mere spam? And how should one draw the line? Dan Filler wonders at Faculty Lounge.
P.S. From UK lawyer-blogger Charon, Q.C. a while back: “Fed up with law firms putting ads in comment section of my blog. I am now editing and re-directing all such to dodgy websites.”
Tagged as: blog mechanics, legal blogs, open threads and commenter posts
{ 7 comments }