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Nevada

I will not say I told you so for fear of coming off as ungracious, but Coyote has no such compunction:

I could find about a thousand far more sympathetic examples of folks screwed over by government land use regulations — e.g. people whose puddle in the backyard is suddenly a wetlands that they can’t build on. But for some reason Conservatives all rushed to pile on this one example. Stupid.

Only a thousand?

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If you imagine that Nevada rancher Cliven Bundy is some sort of constitutional conservative, Josh Blackman wants to direct your attention to the Property Clause as well as the Supremacy Clause of the (actually existing) U.S. Constitution. He also has some thoughts on the Equal Footing Doctrine (states come into the union on an equal footing to the original 13), and on the rule of law in the context of the alleged right to flout court orders. Earlier here, with many reader comments, and more from Charles C. W. Cooke.

P.S.: Yet more views from Coyote and from Brian Doherty.

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Ted Frank, who formerly blogged in this space, wrote this which I thought worth passing on:

I hate to see how many on my side who are upset at Obama’s violation of the Rule of Law cheer the Bundys’ criminal contempt of a court order. The Bundys are claiming a right to graze upon federal lands without paying or consent of the landowner on the grounds that the federal government has no sovereignty over Nevada. The US BLM has taken twenty years and multiple court proceedings to kick them out, winning twice in the Ninth Circuit. In response, armed militias showed up this week to defend the Bundys, who have threatened range war. The government has temporarily caved to avoid the possibility of armed confrontation. This really isn’t a close question, and threatens to tar all small-government and Second Amendment supporters.

It has been objected that ownership of vast tracts of the American West by the federal Bureau of Land Management is a very bad idea, might have appalled many Framers and early legislators, and has been advanced into our own era through aggressive policies to curtail the participation of private users. I’m having trouble seeing the relevance of all this, however, to Bundy’s supposed right to defy multiple court orders. The federal government should not be in many different lines of business that it currently is in, but that doesn’t create a right of individual citizens to occupy federal installations for personal economic benefit despite court orders directed against them to the contrary.

Ted also calls our attention to this article by Logan Churchwell and Brandon Darby on the 20-year history of the controversy and the positions advanced by rancher Cliven Bundy to justify contempt of the court orders:

“I believe this is a sovereign state of Nevada,” Bundy recently told a radio reporter. “…I abide by all of Nevada state laws. But, I don’t recognize the United States Government as even existing.”

More: A different emphasis from John Hinderaker (arguing for sympathy with Bundy while conceding the meritlessness of his legal position) and Kevin Williamson.

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February 20 roundup

by Walter Olson on February 20, 2014

  • “Woman Arrested Nine Years After Failing to Return Rented Video” [S.C.: Lowering the Bar, more]
  • “Why India’s Ban Against Child Labor Increased Child Labor” [James Schneider, EconLib]
  • “I’ve never seen an attorney general sanctioned.” Court hits Nevada AG Catherine Cortez Masto with sanctions after collapse of robosigning suit against mortgage servicer that state hired D.C.’s Cohen Milstein to bring [Daniel Fisher, update (case settles)]
  • Another review of the new collection The American Illness: Essays on the Rule of Law (Frank Buckley, ed.) [Bainbridge, earlier]
  • They would be major: “The Gains from Getting Rid of ‘Run Amok’ Occupational Licensing” [David Henderson]
  • E-cigarettes could save lives [Sally Satel, Washington Post]
  • How incentives to avoid tax can lead to social tragedy, in this case via ABBA stage outfits [Guardian]

August 7 roundup

by Walter Olson on August 7, 2013

  • 7th Circuit cites Rumpelstiltskin; quashes plaintiff’s bid to turn straw to gold [Legal Ethics Forum]
  • “One of the most prolific writers and tweeters in the online legal world. A must read.” Thanks Jim D. [Abnormal Use, and his suggestion about ABA best-blawg nominations is worth heeding]
  • “… as if compliance departments actually are associated with law-abiding behavior…” [Ira Stoll]
  • Sex extortion lawyer Mary Roberts won’t have to pay restitution [MySanAntonio, background]
  • Guess who’s the big new lobby fighting marijuana legalization? Medical-pot providers [Politico]
  • “Woman awarded $775,000 after tripping on speed bump at a Vegas casino” [Calgary Herald]
  • Some thoughts on “libertarian populism” [Jesse Walker, Josh Barro/Tim Carney]

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  • After bank burglarizes Ohio woman, law will give her curiously little satisfaction [Popehat]
  • North Las Vegas scheme to seize underwater mortgages through eminent domain raises constitutional opposition [Kevin Funnell]
  • “The SAC Insider Trading Indictment” [Bainbridge, WSJ MoneyBeat]
  • “He who sells what isn’t his’n/Must buy it back or go to prison.” Most naked short selling driven by fundamentals, study says [Daniel Fisher]
  • NY AG Schneiderman to Thomson Reuters: don’t you dare sell early access to the market-moving survey you pay for [Bainbridge]
  • “The Confidential Witness Problem in Securities Litigation” [Kevin LaCroix]
  • “The puzzling return of Glass-Steagall” [Tabarrok]
  • “FATCA: How to Lose Friends, Citizens and Influence” [Colleen Graffy, WSJ via Paul Caron/TaxProf, earlier]

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Torts roundup

by Walter Olson on July 3, 2013

  • State attorneys general and contingent-fee lawyers: West Virginia high court says OK [WV Record] Similar Nevada challenge [Daniel Fisher]
  • Driver of bus that fatally crushed pedestrian fails to convince court on can’t-bear-to-look-at-evidence theory [David Applegate, Heartland Lawsuit Abuse Fortnightly]
  • UK uncovers biggest car crash scam ring, detectives say County Durham motorists were paying up to £100 extra on insurance [BBC, Guardian, Telegraph]
  • “A Litigator Reviews John Grisham’s The Litigators” [Max Kennerly]
  • Quin Hillyer, who’s written extensively on litigation abuse, is putting journalism on hold and running for Congress from Mobile, Ala. [American Spectator]
  • Not clear how man and 5-year-old son drowned in pool — he’d been hired for landscaping — but homeowner being sued [Florence, Ala.; WAFF]
  • “U.S. Legal System Ranked as Most Costly” [Shannon Green, Corp Counsel] “International comparisons of litigation costs: Europe, U.S. and Canada” [US Chamber]

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May 14 roundup

by Walter Olson on May 14, 2013

“A bill that would allow patients addicted to prescription drugs to sue the doctors who prescribed the medication — and the drug’s makers — was met with stiff opposition Wednesday in a Nevada legislative hearing.” Sen. Tick Segerblom (D-Las Vegas), who introduced SB 75, defended the measure: “They know the person can get addicted to the drug so they should pay for the process of them getting off it.” [AP; related effort to use drug-dealer-liability laws] (& White Coat)

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August 23 roundup

by Walter Olson on August 23, 2012

  • Cross-examination could be awkward: “Top Nevada Court Says Attorney Son Can Represent Dad in Divorce From Mom” [ABA Journal]
  • “Phoenix Woman Ordered to Not Give Out Water in 112 Degree Heat Because She Lacked a Permit” [Doherty, Reason]
  • Admitting no guilt, Yale capitulates to feds’ Title IX probe, promises crackdown on sexual “climate” [YAM, earlier here, here, etc.]
  • Citing “egregious” ethics lapse, judge denies McGuireWoods fees in BarBri antitrust case [NLJ]
  • Foreign Corrupt Practices Act probe of retailers? [Reuters, FCPA Professor] FCPA piggyback shareholder suits falter [D&O Diary]
  • Obama has postponed a slew of new regulations until after November, and they’re a costly lot [Rob Portman, WSJ]
  • Fifth Circuit rejects challenge to sentencing in Paul Minor case [YallPolitics, background]

You really do need to be careful what you say about the casino magnate and political donor. Why? Among those in a position to explain (earlier coverage) is Las Vegas newspaper columnist John Smith, who wrote about Adelson in a book, was sued, and after years of litigation managed to get a judge to dismiss the action, though not before declaring bankruptcy. Alison Frankel has details of that and other Adelson legal adventures [Reuters]

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Some stories just seem destined for this site, including this one about a woman whose legal complaint alleges that “her ex-husband met her after she was hired to work at McDonald’s and later pushed her into prostitution in Nevada.” [Courthouse News, NY Daily News]

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February 24 roundup

by Walter Olson on February 24, 2012

  • Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
  • NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
  • “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
  • Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
  • Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
  • Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
  • Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)

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“A Las Vegas lawyer who once ran a courthouse restaurant has pleaded guilty in a scheme to take $3,000 in kickbacks to rig two condo board elections in Nevada.” The takeover of the condo boards, advanced by methods that included stuffing ballot boxes with fake ballots, made it possible to bring in a favored law firm to file construction-defect suits. “Federal prosecutors claim conspirators used straw buyers to buy properties in about a dozen condo communities from 2003 to 2009 and helped them win control of condo boards, AP says.” A wider investigation continues whose targets allegedly include judges. [ABA Journal]

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October 17 roundup

by Walter Olson on October 17, 2011

  • “Convicted King of Class Actions Builds Aviary, Regrets Nothing” [Lerach, Bloomberg profile]
  • Teva/Baxter suits: Latest Nevada you-made-the-vials-too-big propofol verdict makes no more sense than first [Glenn Lammi, Forbes; Ted at PoL]
  • EPA malicious prosecution in Hubert Vidrine case won’t be “isolated” unless we change our thinking [Ken at Popehat]
  • Title IX coordinator training: “How federal regulations are making college ‘risk management’ lawyers rich” [Robert Shibley, Daily Caller] A lawyer spots more problems with Department of Education regulations on campus sexual assault [Robert Smith, RCP]
  • Time to admit: on consequences of protecting big banks from capitalism, “Occupy” has a point [Nicole Gelinas, City Journal]
  • Lawsuits accuse Boeing of engine-air-in-cabin “fume events” [MSNBC]
  • About those “Topeka decriminalizes domestic violence” stories [Lowering the Bar]

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September 16 roundup

by Walter Olson on September 16, 2011

  • House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
  • Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
  • “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O'Brien, Legal NewsLine]
  • Lawsuit settlement and the lizard brain [Popehat]
  • “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
  • Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
  • Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]

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Nevada has passed a law banning sex discrimination, but, perhaps wary of the litigious track record of California’s Unruh Act, has exempted “Ladies’ Nights” promotions. [Las Vegas Sun]