- Chilling one side of a debate? American Federation of Teachers arm-twists board members to quit groups critical of union contracts (including the Manhattan Institute, with which I used to be affiliated) [New York Post, Bloomberg, Ira Stoll]
- “Third Circuit Finds Schools Aren’t Liable for Bullies” [Fed Soc Blog]
- Case dismissed in Marshall University student’s suit over exceedingly undignified bottle-rocket stunt [West Virginia Record]
- Free pass for harming students? Realistic policy call? Both? Courts frown on “educational malpractice” claims vs. schools, teachers [Illinois State Bar Association; Beck]
- Brookings has very poor reviews for Sen. Elizabeth Warren’s student loan plan [Matthew Chingos and Beth Akers; Megan McArdle]
- 1,200 sign Harvard petition assailing academic freedom in Jason Richwine case [Boston Globe]
- College selection of commencement speakers: political spectrum’s so skewed that even moderate GOPer Bob Zoellick’s a no-go [Bainbridge]
- The Common Good online forum on risk and legal fear in schools, in which I’m a participant, continues for another day or two.
Over at Secular Right, I’ve done a lengthy post about think tanks, more specifically about the future of the policy think tank model in light of the controversy over control of my own Cato Institute. It’s also got some memoir-ish material in it in which I recall times over the years in which I felt relatively proud of having an effect on public debate. You can read it here.
- Manhattan Institute’s “Trial Lawyers Inc.” series looks at cozy relations between state attorneys general and plaintiff’s bar [report, related featured discussion, Copland, Examiner] Report comes down hard on Ohio’s Richard Cordray, nominee to head CFPB [Copland, Gorodetski/PoL] Judge tosses Cordray suit against credit rating agencies [O’Brien/LNL, Krauss/American Thinker] Iowa Attorney General Tom Miller denounces report [IowaPolitics.com]
- “The Tort of Internet Mobbing Is Perfect For Suing The Internet” [Popehat]
- Canada faces challenge to hate speech law [Arthur Bright, Citizen Media Law] Do not put a frog down Her Majesty’s back at the county fair [Lowering the Bar]
- “Markopolos eyes a fortune from BNY whistleblowing” [Felix Salmon] “Bounty hunters in Korea” and closer to home [Alex Tabarrok] “Developments in Whistleblower Laws: Advantage Whistleblower” [Larry Wood & Richard William Diaz, Federalist Society “Engage”]
- As third party liability for crime anecdotes go, the case of Bonilla v. Motel 6 is on the lurid side [Point of Law]
- Prospect of cyberwar: official U.S. response is commando lawyering [Stewart Baker, Foreign Policy]
- Why it’s hard to stimulate manufacturing through product liability reform in one state [Rick Esenberg]
I spoke about my new book before a luncheon crowd yesterday at my former institute in New York City — several distinguished law professors were in attendance — and Jim Copland interviewed me afterward. We talked about how this book grew out of my earlier work, why international rights are such a coming area in law schools, and much more. The resulting audio podcast runs just over 10 minutes; you may need to turn the volume up higher than normal to hear it properly. You can and should buy Schools for Misrule itself here (Amazon commission as well as regular royalty benefits me).
[cross-posted from Cato at Liberty]
The first copies of my new book Schools for Misrule: Legal Academia and an Overlawyered America are here from the printer, and I’ll be touring the country to promote it in coming weeks. Some highlights:
- February 21. Bloomington, Ind. Indiana University Law School, sponsored by Federalist Society chapter.
- February 22. Urbana-Champaign, Ill. University of Illinois School of Law, sponsored by Federalist Society chapter. Commenting will be Prof. Larry Ribstein.
- March 3. Washington, D.C. Cato Institute Policy Forum. Commenting on the book will be the Hon. Douglas Ginsburg, U.S. Court of Appeals, and moderating will be Cato legal director Roger Pilon.
- March 10. University of Minnesota, sponsored by Federalist Society chapter. Commenting will be Profs. Brad Clary and Oren Gross, and moderating will be Prof. Dale Carpenter.
- March 16. New York, N.Y. Manhattan Institute luncheon (invitation). Commenting will be James Copland, Manhattan Institute.
- March 22. Washington, D.C. Heritage Foundation forum. Commenting/moderating: Todd Gaziano, Heritage Foundation.
- March 28. Boulder, Colo. University of Colorado School of Law, sponsored by Federalist Society chapter.
- March 29. Laramie, Wyo. University of Wyoming School of Law, sponsored by Federalist Society chapter.
- March 30. Sacramento, Calif. McGeorge School of Law, sponsored by Federalist Society chapter.
- April 6. New York, N.Y. Manhattan Institute Young Leaders evening event (private).
- April 7. Washington, D.C. American University Law School, sponsored by Federalist Society chapter.
- April 13. Washington, D.C. Book club appearance (private).
- April 27-29. Dallas, Tex. Heritage Foundation Resource Bank meeting (private).
Always check in advance with the hosting group for venues and exact times; some events open to the public require advance registration. The book’s official publication date is March 1, and copies should be arriving in the bookstores soon.
- More commentary on Obama regulatory initiative [Federal News Radio with quotes from Cass Sunstein, Diana Furchtgott-Roth, Steven Malanga, David Harsanyi, Carter Wood/ShopFloor, Iain Murray, Lammi/WLF, earlier]
- Corporate governance buffs will want to check out new Proxy Monitor website from Manhattan Institute which includes a database of shareholder resolution activity at the 100 largest public companies [Jim Copland/Point of Law (some early empirical findings), Bainbridge (“This is going to be a great resource for anyone interested in shareholder activism”), ShopFloor]
- Lawyer solicits subway blizzard strandees. OK under NY rules? [Turkewitz]
- California reform ideas: “A Modest Proposal For Fixing Proposition 65″ [Cal Biz Lit] “A Better Consumer Legal Remedies Act” [same]
- Proposed criminal prohibition on doctors’ questioning patients about guns “would violate the First Amendment, as well as just being a lousy idea” [Volokh]
- Oldest federal bench ever — and the problems that can cause [Joseph Goldstein, Slate]
- Attention “payday lending” critics: “Lawsuit Loans Add New Risk for the Injured” [NY Times, Kenneth Anderson, California Civil Justice; defenses of champerty/litigation finance from Larry Ribstein and Stephen Gillers]
- Wisconsin student sues unsuccessfully over summer homework requirement for pre-calculus class [six years ago on Overlawyered]
- Failure to warn? “Non-Child Sues For Slide-Related Injury” [Lowering the Bar]
- “AG Cuomo Sues Lawyer for Fraud, Says He Sold His Name to Debt Collector for $141K” [ABA Journal]
- Ted Frank on his move to the Manhattan Institute and Point of Law [CCAF]
- “Viacom is becoming a lawsuit company instead of a TV company” [Doctorow, BoingBoing]
- UK: “NHS pays £10,000 to family of psychiatric patient who committed suicide” [Times Online]
- American Cancer Society: federal advisory panel’s chemicals-cause-cancer alarms are overblown [NYTimes] More: Taranto, WSJ.
- “Who Knew Bankruptcy Paid So Well?” [NYTimes]
- Famed sleuth Bloomberg Holmes on the case: was the Pathfinder headed for a vile sodium den? [IowaHawk]
I’m delighted to announce that I’ve joined the Cato Institute as a senior fellow, effective this week. As most readers of this site know well, Cato is the premier voice for individual liberty in our nation’s capital, and a think tank of tremendous accomplishments across the board. Its program on law, led by Roger Pilon, includes such outstanding thinkers as Tim Lynch, Ilya Shapiro and Robert Levy. Cato is particularly known as a place where free speech, civil liberties, and the Bill of Rights are given the centrality they deserve in legal thinking, and it’s also a powerhouse in studying the ill effects of government regulation. In fact, the publication where I got my real start in the policy world, the magazine Regulation (originally published by the American Enterprise Institute), has made its home at Cato for many years now. In short, it’s hard to imagine a better fit with my writing and research interests.
I’ll be saying goodbye to my colleagues and kind friends at the Manhattan Institute for Policy Research, which has long supported my work in the most patient, good-humored and uninterfering way I could have hoped for. I’m immensely fortunate to have been part of MI for more than 25 years and I know I’ll learn much more from its formidable thinkers in years to come. While I’ll continue to contribute occasionally to MI’s blog/web magazine Point of Law, I’ve left its editorship, and I’m happy to say the Institute had the good idea of hiring as my replacement none other than Ted Frank, of Overlawyered and CCAF fame.
I’ll still be posting as usual here at Overlawyered, and I’ll also be joining as a contributor at the excellent group blog Cato at Liberty, which you should promptly place in your RSS feed if you haven’t already. In months ahead I’ll have more to say about some new projects I’ll be pursuing at Cato, as well as existing projects many readers already know about, like my forthcoming book on bad ideas from legal academia, Schools for Misrule.
P.S. Cato’s press release and bio page for me are up, as is a welcoming post from Roger Pilon at Cato at Liberty. And thanks for the very generous words to Dan Pero at American Courthouse, Carter Wood at NAM ShopFloor, and Alan Lange at Y’AllPolitics.