Tagged as:
cruise ships,
forum shopping,
guns,
humor,
insurance,
Italy,
recreation,
Richard Posner,
school discipline,
third party liability for crime,
United Kingdom
- “Do The New School Food Regulations Actually Hinder Scratch-Cooking?” Looks like it [Bettina Elias Siegel]
- What Gloria Romero saw in Sacramento: prison guards lobby for longer sentences, nurses lobby against first aid, but the teachers union was the most untouchable of all [WSJ] Media Matters and the NEA [David Martosko, Daily Caller]
- To earn top ratings under new city evaluation scheme, Denver teachers must press students to “challenge… the dominant culture” and “take social action to change/improve society or work for social justice.” Gee, thanks, Gates Foundation [9NEWS, auto-plays; earlier on ideological tests for educators]
- “School Tells Deaf Boy, ‘Hunter,’ to Change His Name — It’s Too Violent” [Skenazy/Agitator]
- More on pressure for race quotas in school discipline [Casey Cheney, Heartlander, quotes me; earlier here, here, etc.]
- Allegations of mass cheating in, too perfectly, Harvard “Introduction to Congress” course: “I say give the cheaters an A, fail the rest” [Alex Tabarrok] Suspended fraternity sues Miami University for $10 million [Cincinnati Enquirer]
- On coach liability for player injuries [Matt Mitten, Marquette]
- ACLU files novel suit alleging Michigan and its agencies failed legal, constitutional obligation to bring student reading up to grade level [WSJ Law Blog]
Tagged as:
ACLU,
California,
eat drink and be merry,
Harvard,
labor unions,
Michigan,
school discipline,
sports
I’ve been writing more lately on policy issues arising in my adopted state, such as the boat tax and Baltimore’s fight with liquor stores, and you can keep up by following my local Twitter account @walterolsonmd:
- If you think the current federal crusade on disparate minority school discipline rates is unreasonable, check out the Maryland state board of education’s even loopier plans for racial quotas in discipline [Hans Bader and letter, Roger Clegg/Center for Equal Opportunity] “However, there’s no plan for gender balance in school discipline.” [Joanne Jacobs]
- After the state’s high court stigmatized pit bulls as distinctively dangerous, the state legislature has (as warned of in this space) reacted by extending liability to owners of all dogs, “first bite” or not [WaPo] “The trial lawyer’s expert just testified he sees dogs as a man or woman’s ego on the end of a leash.” [Mike Smigiel]
- A Washington Post article asks: “Is the ‘nanny state’ in Montgomery working?” (No, but it makes councilors in the affluent liberal redoubt feel good about themselves.) And even in Montgomery, councilman George Leventhal (D-At Large) spots a Laffer Curve [Dan Mitchell, Cato at Liberty]
- Also in Montgomery, county slates vote next month on union-backed bill to require service contractors to take over employment of displaced workers for 90 days [Gazette] Leventhal is caustic: “I do not only work for SEIU 32BJ. My colleagues may feel they do.” [Rachel Baye, Examiner]
- Despite its solicitude for the SEIU, the county’s concern for low-income workers has its limits, as when property owners seek to increase the stock of affordable housing near jobs by dividing one-family residences into two-family [Ben Ross, Greater Greater Washington]
- “Doctors, hospitals concerned about hefty malpractice awards” [Baltimore Sun]
- MD public pension planners whistle through graveyard [Hayley Peterson, Washington Examiner, Tom Coale/HoCoRising, Ivan Osorio, CEI "Open Market"] The state still hasn’t shaken its AAA bond rating, but Annapolis lawmakers are working to change that by unionizing more state workers [Washington Times]
Tagged as:
dog bites,
labor unions,
Maryland,
nanny state,
real estate,
school discipline
- Any dollar figure will do: “Ohio woman sues for $500 billion after her car is towed” [Jalopnik]
- Rabbit-breeding without a license proves costly for Missouri family facing $90K USDA fine [Amy Alkon]
- Per Linda Greenhouse, SCOTUS in Bush v Gore said “this opinion is never to be cited.” Oh? [Ed Whelan, NRO, further]
- Boston loses young innovation-sector workers by overregulating nightlife [Dante Ramos, Globe]
- “Title IX after 40 years” is topic of a discussion and lunch this Wednesday at Cato; “CA Lawmaker Speaks Truths on Title IX, Bashing Ensues” [Deborah Elson, American Sports Council; Chris Norby]
- Department of Justice is conducting “incredibly aggressive” push against local governments under civil rights laws, or so says one supporter [Bagenstos] “School discipline and disparate impact” [John R. Martin, Federalist Society "Engage"]
- Traffic laws changed considerably following the development of the automobile. Something sinister in that, or pretty much what one would expect? [Sarah Goodyear, "The invention of jaywalking," Atlantic Cities]
Tagged as:
Boston,
restaurants,
school discipline,
Supreme Court,
Title IX,
traffic laws
- Thomas Cooley Law School in Michigan, facing class-action suit, subpoenas Colorado lawprof Paul Campos, vocal critic of schools’ disclosure policies [Campos, Scott Greenfield]
- “Maintenance of effort”: Yielding to special ed lobby, feds won’t let local school districts cut outlays [Nirvi Shah, Ed Week] “Havoc in classrooms” feared as NYC pushes least restrictive placement of disabled students [NY Post] Feds to universities: it’s an ADA violation to ask suicidal students to leave [WFAE, Popehat]
- Arizona lawmaker proposes ban on political viewpoint discrimination in faculty hiring [Inside Higher Ed]
- “University of Maryland Cuts Varsity Cheer Program” [Washington Post, Doug Robinson/Deseret News via Saving Sports]
- Due-process revolution in school discipline hasn’t worked out as intended [Richard Arum, The Atlantic] Heavy police presence in schools is something new [J.D. Tuccille, Reason] “Education Department Pushes Racial Quotas in School Discipline” [Hans Bader, CEI]
- “What Yale and the Times Did to Patrick Witt” [KC Johnson, Minding the Campus]
Tagged as:
colleges and universities,
disability & schools,
law schools,
New York Times,
school discipline,
schools,
student suicide,
suicide,
Title IX,
Yale
- “A new target for tech patent trolls: cash-strapped American cities” [Joe Mullin, Ars Technica] Crowdsourcing troll control [Farhad Manjoo, Slate] “Why patent trolls don’t need valid patents” [Felix Salmon] “Why Hayek Would Have Hated Software Patents” [Timothy Lee, Cato] Et tu, Shoah Foundation? [Mike Masnick, TechDirt]
- Cory King case: “Not Everything Can Be a Federal Crime” [Ilya Shapiro, Cato]
- “Ban on smoking in cars with young children clears Md. Senate” [WaPo]
- On religious exemption to birth control mandate, NYT wrestles with unwelcome poll numbers [Mickey Kaus]
- “Undocumented Law Grad Can’t Get Driver’s License, But Hopes for Fla. Supreme Court OK of Law License” [ABA Journal]
- Department of Justice launches campaign against racial disparities in school discipline [Jason Riley, WSJ via Amy Alkon]
- James Gattuso and Diane Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark” [Heritage]
Tagged as:
immigration law,
patent trolls,
regulation and its reform,
school discipline,
smoking bans
The New York Times tells of a Beverly Hills, Calif. student who
videotaped friends at a cafe, egging them on as they laughed and made mean-spirited, sexual comments about another eighth-grade girl, C. C., calling her “ugly,” “spoiled,” a “brat” and a “slut.” J. C. posted the video on YouTube. The next day, the school suspended her for two days.
Now, before clicking the link, guess who collected the resulting $107,150.80. Right. Ken at Popehat thinks the judge decided the case in favor of the right party, more or less, which doesn’t keep the right party from also being a deplorably wrong party (strong language, invective, etc.)
Tagged as:
attorneys' fees,
school discipline,
YouTube
Heather Mac Donald in City Journal:
As part of its plan to comply with a federal desegregation order now decades old, Tucson’s school district adopted racial quotas in school discipline this summer. Schools that suspend or expel Hispanic and black students at higher rates than white students will now get a visit from a district “Equity Team” and will be expected to remedy those disparities by reducing their minority discipline rates.
What? They can’t comply by collaring and disciplining a random selection of additional white students?
Tagged as:
Arizona,
discrimination law,
school discipline
- UK libel law still casting a chill on free speech around the world [Floyd Abrams, Index on Censorship via Ken at Popehat, Kirk Hartley]
- Much talked about Ramesh Ponnuru op-ed on Constitution and government consideration of race [NYT]
- “EFF Busts Bogus Internet Subdomain Patent” [Electronic Frontier Foundation]
- Why you can’t get low-cost health insurance, part LXVII: legal pressure on insurers to cover behavioral autism treatment [NLJ, Detroit Free Press]
- New Jersey disbars reparations lawyer Ed Fagan, New York having already done so [Black Star News, JTA, Newark Star-Ledger, NJLJ]
- Author Wendell Berry: force NAIS animal-tagging on every small farmer, and you’ll have to call the cops on me [Food Renegade; more on NAIS and small producers, Farm-to-Consumer Legal Defense Fund; earlier here, etc.]
- Indiana enacts what Gov. Mitch Daniels calls nation’s strongest law protecting teachers from lawsuits [WANE, WTHR]
- Town of Kenner, La. says it’s learned its lesson from being sued and will ticket drunken bicyclists even if they’re badly hurt in accidents [nine years ago on Overlawyered]
Tagged as:
agriculture and farming,
autism,
free speech,
Indiana,
insurance,
patent quality,
school discipline,
United Kingdom
In today’s San Francisco Chronicle, Carolyn Lochhead quotes me on the Supreme Court pick:
“It’s not as if I think Obama’s incapable of nominating someone who is more adventurous and more activist by nature,” said Walter Olson, a senior fellow at the conservative Manhattan Institute. “Maybe we should save the all-out blast for when he nominates that one.”
I also have a comment on Ricci v. DeStefano, the lawsuit that arose from relatively blatant discrimination by the city of New Haven against non-minority firefighter applicants. I would not be surprised to learn that Sotomayor’s views on reverse discrimination differed widely from my own, but still note that it’s vaguely incongruous to treat as Exhibit A for a charge of judicial activism an instance in which the judge and her colleagues ducked a case.
Finally, my postings on the Sotomayor nomination continue at Point of Law, including an item on a Connecticut school discipline case where the nominee has drawn fire for (as part of a unanimous panel) siding with the school authorities. More: Jake Tapper, ABC.
Tagged as:
discrimination law,
school discipline,
Sonia Sotomayor
- No back-alley bikini lines: New Jersey consumer affairs director rejects proposed ban on Brazilian waxing [Asbury Park Press, JammieWearingFool, Jaira Lima and protest site, Popehat, News12 video] Florida, however, won’t let you get a fish-nibble pedicure [WWSB]
- Kids doing well in homeschool but divorcing dad disapproves, judge says they must be sent to public [WRAL, Volokh]
- Al Franken comes out for loser-pays in litigation (well, in this case at least) [MSNBC "First Read"]
- U.K.: “A man who tried to kill himself has won £90,000 in damages from the hospital which saved his life but hurt his arm in the process” [Telegraph]
- Life in places without the First Amendment: “Australia’s Vast, Scattershot Censorship Blacklist Revealed” [Slashdot, Volokh, Popehat]; British Telecom passes all internet traffic through “‘Cleanfeed” filters to identify (inter alia) racist content [Glasgow Herald]
- More on that suit by expelled student against Miss Porter’s School; “Oprichniki” said to be not identical to Keepers of Tradition [NYTimes; our December coverage]
- “Why We Need Cop Cameras” [Steve Chapman, Chicago Tribune] Shopkeepers terrorized in Philadelphia: “The thugs had badges.” [Ken at Popehat]
- Counting former lobbyists in Obama Administration? Don’t forget Kathleen Sebelius [Jeff Emanuel, RedState]
- Wisconsin: “$50,000 claim filed over girl’s time-out in school” [Milwaukee Journal Sentinel]
Tagged as:
Al Franken,
Australia,
First Amendment,
Kathleen Sebelius,
lobbyists,
loser pays,
Milwaukee,
nanny state,
New Jersey,
online speech,
Philadelphia,
police,
school discipline,
United Kingdom
by SSFC on December 23, 2008
Making a federal case out of petty politics in high school cheerleading: Where else but Texas?
The mother of a former Creekview High School cheerleader has filed a federal lawsuit against Carrollton-Farmers Branch schools, arguing the district did not sufficiently discipline cheerleaders who she says bullied her daughter.
The lawsuit, brought by Liz Laningham, argues that the district discriminated against her daughter and “turned a blind eye” to the harassment. The lawsuit could result in a jury trial.
So far as I can tell from the linked story, the main element of damages appears to be that Liz Laningham’s daughter did not make the cheerleading squad in her senior year, after being a member in her junior year. And there are the usual allegations of Facebook frippery, rumors and innuendos within the team, biased judging during senior year tryouts, etc. etc.
What I can’t tell from this Dallas Morning News story is what possible basis Liz Laningham’s lawyer could have for bringing this action in federal court. While various civil rights acts prohibit discrimination on the basis of race, religion, disability, etc., none of those are named as putative grounds for the suit. As for sex and age discrimination, presumably the victim and her harassers are all young women. Does Title IX prohibit girls from being girls?
And does any girl, no matter how spoiled and entitled her mother has made her, have a right to lead cheers?
Tagged as:
cheerleading,
school discipline
Just trying to dispose of all the nude cellphone pic lawsuit stories in one weekend, so that we can get back to more seemly litigation topics. (The other one was the case of the couple suing an Arkansas McDonald’s, saying the husband left his cellphone in the restaurant and the nude photos of his wife that were on it wound up on the internet.) In Bothell, Washington, parents of two cheerleaders “have sued the Northshore School District, alleging school officials erred when they suspended the girls from the team this year after nude photos of them circulated throughout the student body via text message.” Cellphone pictures of the two were separately and, it is said, accidentally circulated among fellow students; the lawsuit charges, inter alia, that the school was arbitrary to suspend the two girls while not disciplining students that had seen the pictures. (Jessica Blanchard, “Cheerleaders’ parents sue in nude photos incident”, Seattle Post-Intelligencer, Nov. 21).
Tagged as:
cellphones,
cheerleading,
school discipline,
Washington state
- Canada free speech: Islamic group files complaint against Halifax newspaper over cartoon of burka-wearing terror fan; two more libel suits aimed at online conservative voices; growing furor over complaint against Steyn/Macleans [National Post]
- More than 5,000 students committed crimes last year in Philadelphia schools, but none were expelled — consent decrees tying system’s hands are one reason [Inquirer]
- U.K.: Man threatened with legal action for flying pirate flag as part of daughter’s birthday party [Guardian]
- Bankruptcy judge doesn’t plan to accept at face value Countrywide’s claim that it generated false escrow documents by mistake in foreclosure [WSJ, WSJ law blog]
- Amid bipartisan calls to step down, Ohio AG Marc Dann [Apr. 19, May 6] hires an opposition researcher [Adler @ Volokh] on top of Washington lobbyist [Legal NewsLine], after being rebuked by judge for political suit [Dispatch]. And where’s that ethics form on the Chesley flight? [Dayton Daily News]
- Missouri med-mal claims fall sharply after legislated damages curb [Springfield News-Leader]
- More on Dartmouth prof Priya Venkatesan, the one who wants to sue her students — as suspected, she’s a devotee of deconstructionist Science Studies [Allen/MtC; earlier]
- Covert plan to sabotage Chinese economy? [Wilson Center event]
- What, never? Well, hardly ever: Docs continue to assail notion that various complications such as patient delirium, clostridium difficile infection, iatrogenic pneumothorax, etc. — not to mention falls — are “never events” [KevinMD various posts; earlier]
- Mich. high court agrees anti-gay-marriage amendment bars municipal health benefits for domestic partners, just what key proponents had claimed it wouldn’t do [Rauch @ IGF, Carpenter @ Volokh, earlier]
- Private service rates the safety of charter air providers — but can it afford the cost of being sued after giving a bad rating? [Three years ago on Overlawyered]
Tagged as:
bankruptcy,
Countrywide,
Dartmouth,
domestic partners,
free speech,
free speech in Canada,
hospitals,
libel slander and defamation,
Marc Dann,
Mark Steyn,
Missouri,
never events,
Ohio,
Philadelphia,
regulation through litigation,
roundups,
same-sex marriage,
school discipline,
Stan Chesley,
tort reform
