Update: judge dismisses Oglala Sioux alcohol case

A federal judge has declined jurisdiction of the Oglala Sioux tribe’s lawsuit claiming that liquor sellers just over the Nebraska border are legally answerable for the harms of alcoholism on the reservation. The dismissal is without prejudice to possible refiling of the claims in state court; New York Times columnist Nicholas Kristof had promoted the cause. [BBC]

P.S. Kristof vs. college sophomore, advantage sophomore [James Taranto, WSJ, fifth item; Robert James Bidinotto] And don’t get us started about his chemophobia.

Filed under: Anheuser-Busch, beer and brewers, Nebraska, New York Times, South Dakota

August 20 roundup

Former county prosecutor convicted of theft is still prosecutor in another county [Nebraska Watchdog]
Epstein vs. Posner on patents [via Josh Wright, TotM] “Congress Takes Aim at ‘Patent Trolls’ With SHIELD Act” [Lisa Shuchman, Corporate Counsel]
“Guest Post: The Bucky Balls Ban” [Free-Range Kids, earlier]
Preacher Bill Keller threatens defamation suit against SPLC unless it removes his ministry from “hate group” list [Ed Kilgore, Washington Monthly, earlier on SPLC vs. critics]
Both sides of the law: “Shon Hopwood robbed five banks. Now he’s a budding attorney with a pair of U.S. Supreme Court cases under his belt.” [Lincoln, Neb. Journal Star]
“New Mexico Supreme Court Will Hear the Elane Photography Case” [Volokh, earlier here, here]
James Huffman on tort law: “How modern law promotes victimhood over liberty.” [Hoover “Defining Ideas”]

Filed under: Buckyballs, CPSC, Nebraska, New Mexico, prosecution

Nicholas Kristof vs. Anheuser-Busch

I’ve got a piece out at Reason today in which I de-foam the Times columnist’s highly aerated assertions about beer sales near the Pine Ridge, S.D. Oglala Sioux reservation. And a followup at Cato: Kristof has written about the failures of the Drug War, so why does he not apply those lessons here? See also: NYT “Room for Debate” discussion. A different view: Eric Turkewitz.

Filed under: Anheuser-Busch, beer and brewers, Nebraska, New York Times, South Dakota

Oglala Sioux tribe sues beer companies over alcoholism

“An American Indian tribe sued some of the world’s largest beer makers today, claiming they knowingly contributed to devastating alcohol-related problems on South Dakota’s Pine Ridge Indian Reservation.” The Oglala Sioux tribe is asking for $500 million. [AP; Lincoln Journal-Star; Don Surber] More: Jacob Sullum, Ted Frank.

Filed under: alcohol, beer and brewers, Indian tribes, Nebraska, South Dakota

Dogs in the dorms

The Justice Department has sued the University of Nebraska-Kearney and its regents and employees for allegedly “denying reasonable accommodation requests by students with psychological or emotional disabilities seeking to live with emotional assistance animals in university housing.” [Disability Law]

More/update: Inside Higher Ed.

Filed under: colleges and universities, fair housing, Nebraska, service animals

“Nebraska Supreme Court: No DUI in a Private Driveway”

“Jeffrey McCave was sentenced in a county court to thirty days in jail, two years of probation and a $1000 fine for listening to music in an undriven car parked on his father’s driveway while drunk. The Nebraska Supreme Court on Friday used the case to clarify that the charge of driving under the influence of alcohol (DUI) does not apply in a personal driveway.” [The Newspaper]

Filed under: alcohol, Nebraska, traffic laws

Murdered girlfriend, blames Zoloft

Nebraska inmate Randall Robbins II is serving time for strangling his girlfriend and blames the antidepressant pill. He wants millions from Pfizer and a Lincoln doctor. [AP/Forbes]

Filed under: Nebraska, pharmaceuticals, third party liability for crime

Fit for a foot chase?

Dismissing a police officer for being out of shape is one thing, making it stick in court is another.

Filed under: Nebraska, obesity, police, public employment

“Nebraska Appeals Court Dismisses Lawsuit Against God”

Sen. Ernie Chambers of Omaha has lost another round in his legal jousting with the Almighty. [CBS4Denver, Lowering the Bar, earlier here and here]

Filed under: Nebraska

CPSIA: Library books under an orange tarp

It’s happening at the Morton James Public Library in Nebraska City, Neb.:

A federal child product safety law has staff at the Morton James Public Library quarantining books behind bright orange plastic and wondering how many must be pulled forever from the shelves. …

Over 1,000 books with 1985 or older on the copyright page have already been quarantined behind an orange curtain.

Library Director Barbara Hegr said librarians will try to determine if the edition is a printing after the copyright date, so the book may be preserved.

Click through to the news story at the Nebraska City News-Press for more details, as well as a photo you may not soon forget. You can also Digg the story here.

Filed under: CPSIA, CPSIA and books, CPSIA and libraries, Nebraska