Overlawyered » Long Island http://overlawyered.com Chronicling the high cost of our legal system Tue, 25 Nov 2014 12:32:01 +0000 en-US hourly 1 http://wordpress.org/?v=4.0 Schools roundup http://overlawyered.com/2014/11/schools-roundup-22/ http://overlawyered.com/2014/11/schools-roundup-22/#comments Fri, 21 Nov 2014 05:05:17 +0000 http://overlawyered.com/?p=49376 UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler] Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the […]

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  • UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler]
  • Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the criminal justice system” [WP]
  • Polite opinion beginning to turn in favor of procedural protections for accused in campus sex cases? [Ruth Marcus, Washington Post] Richard Painter: accused minorities may be at disadvantage under new house rules [Legal Ethics Forum]
  • Schoolboy hurts himself opening emergency exit at back of bus, lawsuit follows [NY Daily News]
  • Union fines Nassau Community College adjuncts for not “supporting” strike, including one who was on leave at time [Newsday] P.S. Union situation over at Rockland Community College has its own problems;
  • Before registering for classes, students at some universities must submit to Title IX training with wildly intrusive personal questions [Susan Fruth, FIRE]
  • Summary of Eric Hanushek’s expert report in Texas school finance case [Texas Public Policy Foundation]
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    Politics roundup http://overlawyered.com/2014/10/politics-roundup-14/ http://overlawyered.com/2014/10/politics-roundup-14/#comments Thu, 30 Oct 2014 04:05:44 +0000 http://overlawyered.com/?p=49145 Weekly Standard runs my parody song about the local governor’s race, “Show Me the Way to Frederickstown, or, Lost in Maryland“; Update: Here’s Lauren Weiner’s rendition, to the tune of “Sweet Betsy from Pike.” Freelance writer Lauren Weiner has lived in Baltimore since 1992. [improved YouTube link with video] Also on Maryland governor’s race: it’s […]

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  • Weekly Standard runs my parody song about the local governor’s race, “Show Me the Way to Frederickstown, or, Lost in Maryland“; Update: Here’s Lauren Weiner’s rendition, to the tune of “Sweet Betsy from Pike.” Freelance writer Lauren Weiner has lived in Baltimore since 1992. [improved YouTube link with video]
  • Also on Maryland governor’s race: it’s not every day a GOP challenger blames a Democratic incumbent for issuing too few pardons [Radley Balko; more on clemency]
  • Harry Reid forces are latest to demagogue Stand Your Ground laws and role of American Legislative Exchange Council (ALEC), but Glenn Kessler calls them on it with Four Pinocchios [Washington Post "Fact Checker"]
  • Enough non-citizens vote illegally “that their participation can change the outcome of close races.” [Jesse Richman and David Earnest, Washington Post Monkey Cage; a response]
  • State attorney general offices are now politicized and targets of lobbying, and why should we be surprised at that given all the power they’ve grabbed for themselves as business regulators in recent years? [David Boaz, Cato] Hot state-AG races this year include Wisconsin, Nevada, New Mexico, Arkansas [John Fund]
  • Two views on Alabama proposed Amendment One, curbing use of foreign law: Paul Horwitz (adds nothing to Alabama constitution not already there), Quin Hillyer (insurance against bad judicial decisionmaking);
  • More about the Greg Abbott tree-fall settlement called into question by opponent Wendy Davis [Hugh Kelly, TLR, earlier]
  • Long Island legislator withdraws from State Senate race after charges of high-dollar law-firm misconduct [Newsday]
  • Defaulted mortgages: “Coakley lawsuit has ties to key backer’s interests” [Boston Globe via Funnell] Flashback: Radley Balko in 2010 on Martha Coakley’s awful prosecutorial record (up to that point) [Politico; related, Harvey Silverglate on prosecutors who run for higher office; earlier]
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    “Iowa Troopers Steal $100,000 in Poker Winnings From Two Players Driving Through” http://overlawyered.com/2014/10/washington-post-forfeiture/ http://overlawyered.com/2014/10/washington-post-forfeiture/#comments Fri, 03 Oct 2014 12:10:57 +0000 http://overlawyered.com/?p=48215 Jacob Sullum traces how a gambling jackpot magically became a forfeiture jackpot (also from him, a history of how forfeiture law got so bad). The Washington Post followed up last month on its multi-part, front-page exposure of forfeiture law (Tim Lynch and Scott Shackford summarize some of its findings) with an op-ed from two former […]

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    Jacob Sullum traces how a gambling jackpot magically became a forfeiture jackpot (also from him, a history of how forfeiture law got so bad). The Washington Post followed up last month on its multi-part, front-page exposure of forfeiture law (Tim Lynch and Scott Shackford summarize some of its findings) with an op-ed from two former DoJ officials calling for abolition of the program they once helped run; Scott Greenfield has commentary on that as well as more generally on the costs of defense in forfeiture cases and on Nassau County, N.Y.’s resumption of the seizure of cars being driven by persons arrested for drunk driving, whether or not owned by those persons.

    From today’s Washington Post: “Activists and Hill staffers meet to discuss curbs to asset-forfeiture laws”. And George Leef writes in Forbes: “Time For Civil Asset Forfeiture Laws To Meet The Same Fate As Jim Crow.”

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    Discrimination law roundup http://overlawyered.com/2014/04/discrimination-roundup/ http://overlawyered.com/2014/04/discrimination-roundup/#comments Mon, 21 Apr 2014 04:05:28 +0000 http://overlawyered.com/?p=45025 Mayor de Blasio settles firefighter bias suit on terms sympathetic to plaintiffs [City Journal: Dennis Saffran and Seth Barron] One way to dodge some Culture War fights: roll meaning of “public accommodation” back to travel, lodgings, places of public amusement, etc. [Andrew Kloster, Heritage] As original/creative expression goes, florists and cake-bakers sometimes outdo NYT’s Greenhouse […]

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  • Mayor de Blasio settles firefighter bias suit on terms sympathetic to plaintiffs [City Journal: Dennis Saffran and Seth Barron]
  • One way to dodge some Culture War fights: roll meaning of “public accommodation” back to travel, lodgings, places of public amusement, etc. [Andrew Kloster, Heritage] As original/creative expression goes, florists and cake-bakers sometimes outdo NYT’s Greenhouse [Ann Althouse] From Dixie Chicks to Hobby Lobby, few escape hypocrisy when commerce collides with convictions [Barton Hinkle]
  • Department of Education’s Office of Civil Rights investigating Florida’s popular Bright Futures college scholarship program [Orlando Sentinel]
  • Do EEOC mediators overstate risk of legal action to extract big settlements from employers? [Bloomberg BNA, Merrily Archer on survey] New Colorado expansion of employment liability bad news for large and small employers alike [Archer]
  • “Religious exemptions — a guide for the confused” [Eugene Volokh]
  • Washington Post columnist repeats myth that Lilly Ledbetter “did not know she was being paid less than male counterparts” until after statute of limitations had run; Hans Bader corrects [letter to editor]
  • If helping out local people was one reason your town decided to back public housing, you might have been played for suckers [AP on DoJ suit against Long Island town over local preference]
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    Environmental roundup http://overlawyered.com/2014/01/environmental-roundup-9/ http://overlawyered.com/2014/01/environmental-roundup-9/#comments Fri, 31 Jan 2014 04:05:35 +0000 http://overlawyered.com/?p=43545 Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell] Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ] “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist] Eminent domain threatens store owner in Fire […]

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  • Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell]
  • Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ]
  • “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist]
  • Eminent domain threatens store owner in Fire Island’s Saltaire [NYP]
  • In case you haven’t seen this one: chemical content of all-natural foods [James Kennedy Monash]
  • “The court ordered that the county pay the turtles’ attorneys fees.” [Dan Lewis, Now I Know]
  • “On the government’s books, the switch [from steel to aluminum in Ford's new F-150 pickup] is a winner because MPG goes up.” [William Baldwin, Forbes]
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    Politics roundup http://overlawyered.com/2014/01/politics-roundup-8/ http://overlawyered.com/2014/01/politics-roundup-8/#comments Fri, 24 Jan 2014 04:05:10 +0000 http://overlawyered.com/?p=43563 John Lott Jr. argues in new book that judicial-nominations system is broken; responses from Michael Teter, Clint Bolick, John McGinnis [Cato Unbound] “Weaponized IRS” meets Administration’s political needs at cost of future public trust [Glenn Reynolds, USA Today] “For some time, however, cause lawyers have moved in and out of government, thus complicating the traditional […]

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  • John Lott Jr. argues in new book that judicial-nominations system is broken; responses from Michael Teter, Clint Bolick, John McGinnis [Cato Unbound]
  • “Weaponized IRS” meets Administration’s political needs at cost of future public trust [Glenn Reynolds, USA Today]
  • “For some time, however, cause lawyers have moved in and out of government, thus complicating the traditional picture of lawyer-state opposition.” [Douglas Nejaime, "Cause Lawyers Inside the State," SSRN via Legal Ethics Forum]
  • Gun rights: public opinion has changed over the decades in a big way [Bryan Caplan, Steven Greenhut]
  • “Mostyn Law Firm donates $1 million to help Wendy Davis in Texas governor’s race” [Washington Examiner, New Republic] Plaintiff’s bar supporting GOP primary challenges to Texas Supreme Court incumbents Phil Johnson, Jeff Brown, and Chief Justice Nathan Hecht [TLR] More: Legal NewsLine (Mark Lanier Law Firm largely funding challengers)
  • Nassau’s Kathleen Rice: “Anti-Corruption Panel Co-Chair Receives Big Donations From Sheldon Silver’s Law Firm” [Ken Lovett, NYDN]
  • Rule of thumb: a political party leans libertarian in proportion to the number of years since it last held the White House [Orin Kerr]
  • Dept. of Justice indicts a prominent Obama critic on campaign finance charge [Ira Stoll; more above]
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    Nocera on the “asbestos scam” http://overlawyered.com/2013/12/nocera-asbestos-scam/ http://overlawyered.com/2013/12/nocera-asbestos-scam/#comments Tue, 03 Dec 2013 12:47:53 +0000 http://overlawyered.com/?p=42825 Perhaps it was overreach for a prominent New York City plaintiff’s law firm to file asbestos litigation on behalf of Rep. Carolyn McCarthy, the famously fond-of-smoking Long Island Congresswoman now fighting lung cancer, against General Electric, Pfizer and more than 70 other companies. The high-profile case is focusing public attention on the legal fictions by […]

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    Perhaps it was overreach for a prominent New York City plaintiff’s law firm to file asbestos litigation on behalf of Rep. Carolyn McCarthy, the famously fond-of-smoking Long Island Congresswoman now fighting lung cancer, against General Electric, Pfizer and more than 70 other companies. The high-profile case is focusing public attention on the legal fictions by which lawyers have been lassoing seemingly conventional lung cancer cases and bringing them into the asbestos litigation system [Joe Nocera, New York Times; Daniel Fisher; earlier]

    P.S. Patterns of filing non-mesothelioma cancer cases reflect asbestos lawyers’ economic incentives [Daniel Fisher]

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    “‘Somebody has to pay,’ Margiotta said.” http://overlawyered.com/2013/11/somebody-pay-margiotta-said/ http://overlawyered.com/2013/11/somebody-pay-margiotta-said/#comments Fri, 22 Nov 2013 16:55:14 +0000 http://overlawyered.com/?p=42647 Long Island: “The head of Suffolk’s new Traffic & Parking Violations Agency on Thursday defended the controversial policy of charging an administrative fee even on tickets that are dismissed.” [Newsday] Tweet Tags: law enforcement for profit, Long Island, traffic laws

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    Long Island: “The head of Suffolk’s new Traffic & Parking Violations Agency on Thursday defended the controversial policy of charging an administrative fee even on tickets that are dismissed.” [Newsday]

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    Update: Long Island judge rules against Leatrice Brewer http://overlawyered.com/2013/11/update-long-island-judge-rules-leatrice-brewer/ http://overlawyered.com/2013/11/update-long-island-judge-rules-leatrice-brewer/#comments Thu, 14 Nov 2013 13:18:14 +0000 http://overlawyered.com/?p=42513 “A mom found to be insane when she drowned her three young children can’t get money from the wrongful death settlements that followed their killings, a Nassau judge ruled [last week].” [Newsday, earlier] Tweet Tags: absent parents who sue, Long Island, personal responsibility

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    “A mom found to be insane when she drowned her three young children can’t get money from the wrongful death settlements that followed their killings, a Nassau judge ruled [last week].” [Newsday, earlier]

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    “The Smoking Congresswoman and Her Asbestos Lawsuit” http://overlawyered.com/2013/11/smoking-congresswoman-asbestos-lawsuit/ http://overlawyered.com/2013/11/smoking-congresswoman-asbestos-lawsuit/#comments Wed, 13 Nov 2013 11:35:34 +0000 http://overlawyered.com/?p=42500 Paul Barrett at Business Week: …even a politically moderate, law school-educated guy like me, someone who’s perfectly prepared to root for a suit against a dishonest insurance company or an exploitative landlord, finds himself increasingly dismayed by the uses to which our civil justice system is put. That’s by way of introducing the lawsuit filed […]

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    Paul Barrett at Business Week:

    …even a politically moderate, law school-educated guy like me, someone who’s perfectly prepared to root for a suit against a dishonest insurance company or an exploitative landlord, finds himself increasingly dismayed by the uses to which our civil justice system is put.

    That’s by way of introducing the lawsuit filed by 69-year-old Rep. Carolyn McCarthy (D-N.Y.), known as a big-time smoker, attributing her lung cancer to asbestos products made by more than 40 companies. Did we mention that representing her is the politically well-connected New York firm of Weitz & Luxenberg?

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