The feds apparently expect their newest incursion into local school autonomy to go as easily as taking candy from a baby, which always was a puzzling figure of speech [New York Times]
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Posts tagged as:
schools
Not a satire: a study suggests ditching school choice would reduce carbon emissions from bus rides [Caleb Brown]
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It’s a Merriam-Webster Collegiate and contains naughty bits that kids might stumble across or even look up on purpose. [Southwest Riverside News Network via Popehat]
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- Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.
- “Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]
- Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, "The Harms of Homeschooling" (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]
- Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]
- Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]
- Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]
- New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]
- Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]
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- Anti-vaccine activist files defamation suit over much-discussed Wired article against Dr. Paul Offit, author Amy Wallace and Conde Nast [Orac and many followup posts]
- “Kid Suspended for Bringing Peppermint Oil to School” [Free-Range Kids]
- Eric Turkewitz names his favorite Blawg Reviews of the year and has kind words for ours;
- “New Guide to FTC Disclosure Requirements for Product Endorsements” from Citizen Media Law;
- U.K. safety panel: press misreported our views, we do want businesses to grit icy public paths [update to earlier post]
- Another kid trespassing on the railroad tracks, another case headed to court [Oregonian]
- “Katrina negligence lawsuit has implications for all hospitals” [USA Today, earlier]
- “Judicial Misconduct: The Mice Guard The Cheese” [WSJ Law Blog on this Houston Chronicle piece]
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- “California’s Largest Cities and Counties Spent More Than $500 Million in Litigation Costs in Two Years” [CACALA]
- Violence Policy Center blames handgun carry permits for offenses that include … strangulation? [Sullum]
- New allegations in New York school district lawyers pension scandal [Newsday]
- Plush doll twade dwess dispute made Tonstant Weader fwow up [Schwimmer]
- “School Hit With a Lawsuit over Dodgeball Game Injury” [FindLaw "Injured", Bronx]
- Too bad judges are so reluctant to sanction lawyers for filing papers that contain false assertions [Coleman]
- Hundreds of asylum clients could be deported after law firm founders are convicted of fraud [ABA Journal]
- Congratulations to superlative juryblogger Anne Reed, picked to run Wisconsin Humane Society [Deliberations; also Turkewitz]
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By reader acclaim, this report from AP’s Michael Blood in Los Angeles:
Every lawsuit filed or even threatened under a California law aimed at electing more minorities to local offices – and all of the roughly $4.3 million from settlements so far – can be traced to just two people: a pair of attorneys who worked together writing the statute, The Associated Press has found.
The law makes it easier for lawyers to sue and win financial judgments in cases arising from claims that minorities effectively were shut out of local elections, while shielding attorneys from liability if the claims are tossed out.
The law was drafted mainly by Seattle law professor Joaquin Avila, with advice from lawyers including Robert Rubin, legal director for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Avila, Rubin’s committee and lawyers working with them have collected or billed local governments about $4.3 million in three cases that settled, and could reap more from two pending lawsuits.
Dozens of other California jurisdictions have been threatened with suits over at-large (undistricted) elections, and officials in many communities say they heard no complaints from voters until lawyers came around.
“It’s a money grab,” charged John Stafford, superintendent of the Madera Unified School District that was slapped with a $1.2 million attorneys’ bill even though it never contested a lawsuit. … A judge is reviewing the bill submitted to Madera. To pay, Stafford said the district would have to slash money for books and lunches for its mostly Hispanic students, an odd consequence for a law intended to aid Hispanics.
If you’re wondering about Prof. Avila of Seattle U., who agrees to being the law’s principal drafter, his biographical page is here, and it’s replete with elite law school connections. Excerpts:
…Professor Avila has taught courses at the University of California/Berkeley, University of Texas, and UCLA schools of law. Professor Avila has received numerous awards in recognition of his work in the voting rights area. He received a John D. and Catherine T. MacArthur Foundation Fellowship in 1996 for his voting rights work. In the same year, he received the Vanguard Public Foundation’s Social Justice Sabbatical for his work in providing political access to minority communities. In 2001 he received the State Bar of California’s Loren Miller Legal Services Award for providing outstanding legal services to disadvantaged and underserved communities. …
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The attorney’s multiple gigs representing Long Island school districts had touched off a furor and New York investigation. [ABA Journal] Update/related: Newsday.
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By a 3-2 vote, the CPSC has confirmed that the absurd and inflexible Consumer Product Safety Improvement Act bans the sale of children’s products which contain components of conventional (leaded) brass. The vote drew dissents from commissioners Anne Northup (statement) and Nancy Nord (official comments, PDF; further statement at her blog). From the latter:
…The Commission has now very clearly determined that we do not have the flexibility under the law to make common sense decisions with respect to lead.
…I am especially concerned about what this decision means for our schools, where brass is found on desk hinges, coat hooks, locker pulls and many other items. Are schools now going to be forced to remove all brass and if so, who will bear this financial burden?…brass is found throughout a home and removing it from toys does little in terms of removing it from a child’s environment. If brass were really harmful to children, we would be taking action to remove it from the home but no one is suggesting that there is a safety issue that needs to be addressed in this way.
Evidence of actual health risks from brass in the everyday environments of American children is, of course, anything but compelling. Rick Woldenberg has been covering the story here, here, here, and here. Greco Woodcrafting predicts rough times ahead for school bands, as well. And the WSJ editorializes today.
More: this summer the CPSC issued guidance on the closely related topic of ballpoint pens (the roller balls of which include lead alloy); the upshot was so long as manufacturers don’t primarily market any given pen design as being for kids, they’re in the clear, even if large numbers of children are among the pens’ users. (Writing Instrument Manufacturers Association petition and response, both PDF; earlier here, here, etc.) For more on that episode, see 3 Green Angels, NAM “Shop Floor” and more, Rick Woldenberg and more, and Whimsical Walney.
PUBLIC DOMAIN IMAGES from Elise Bake, Der Ball Der Tiere (”The Animals’ Ball”, German, 1891), courtesy ChildrensLibrary.org.
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Paul Levy, Consumer Law and Policy:
The Freehold School Board has subpoenaed New Jersey Online to identify several citizens who chimed in to discuss stories published in the Newark Star Ledger and New Jersey Online about several high administrators who got fake degrees from an online diploma mill, and hence received higher pay. After New Jersey Online notified its subscribers of the subpoena, the ACLU of New Jersey and Freehold attorney Stuart J. Moskovitz stepped in to represent various anonymous posters, and NJ.com has refused to furnish identifying information about the posters.
Howell representative William Bruno on the school board said he was in favor of the Aug. 31 subpoena.
“If they have nothing to hide, what’s the problem?” Bruno said.
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- Alleged wife murderer “sues J.P. Morgan for cutting off his home equity line of credit.” Reason cited: “imprisonment”. [Joe Weisenthal, Business Insider via Fountain]
- Charles Krauthammer on the need to “reform our insane malpractice system. … I used to be a doctor, I know how much is wasted on defensive medicine.” [Der Spiegel interview]
- Popehat looks back on turning two, in customarily entertaining fashion [unsigned collective post]
- Sigh: “Chamber of Commerce Sues ‘Yes Men’ for Fake News Conference” [ABA Journal]
- Coverage mandates explain a lot about why health insurance is so much costlier in some states than others [Coyote] More: Tyler Cowen (autism treatment)
- Watch out for those default judgments: PepsiCo hit with $1.26 billion award in Wisconsin state court, says word of suit never got to responsible officials within the company [National Law Journal]
- Ohio appeals court: characterizing incident as “Baby Mama Drama” is not prosecutorial misconduct [The Briefcase]
- Ideological tests for educators? On efforts to screen out would-be teachers not seen as committed enough to “social justice” [K.C. Johnson, Minding the Campus]
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- Is it against the law to report police movements on Twitter? [Valetk, Law.com; Volokh]
- “Attorney Charged With Posting Ad Seeking ‘Secretary With Benefits’” [Legal Profession Blog via Bruce Carton, Legal Blog Watch]
- Maker of Monster energy drinks drops its cease and desist demand against Vermonster beer [Burlington Free Press, earlier] More: Turkewitz.
- Putative class action filed against University of Illinois over clout-in-admissions scandal; a contest challenges readers to come up with best arguments for dismissal [Russell Jackson]
- Settlement in case where wrongful suspicion of shoplifting/counterfeiting led to $3.1 million verdict against Target [Greenville News via Turkewitz, earlier]
- Things you can’t bring on the school bus: softball bats, canned vegetables [Free Range Kids and again]
- “Veil-Wearing Muslim Woman Drops Battle With Judge” [OnPoint News]
- Great moments in voting rights law: no, you can’t have nonpartisan elections [Washington Times] (& Popehat)
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“Parents and students at Tooker Avenue Elementary School bid a bittersweet adieu to home-baked goods Friday on the final day of class before a West Babylon district policy goes into effect that allows only prepackaged snacks.” [Newsday via Free-Range Kids; earlier]
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The new regulations have 
drawn considerable negative comment from New York Times readers, and cartoonist/commentator Roz Chast doesn’t seem to hold them in very high regard either.
Only indirectly related — but also pointing up the unlikelihood of getting anything particularly tasty to eat in a Gotham public school environment 
– it seems that raw meat is not allowed in NYC school cafeteria kitchens, because it “poses too much of a food-handling challenge” [NYT again]
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- Greenwich, Connecticut real estate board may discipline member whose blog (often linked in this space) regularly pokes fun at overpriced houses. Antitrust/First Amendment problem? [Chris Fountain, For What It's Worth]
- “Religious group sued for allegedly inciting harm through prayers” [USA Today]
- Legally driven waste of water in parched California should reopen Endangered Species Act debate [Max Schulz, American Spectator] “More Unintended Consequences — Endangered Species Edition” [Ronald Bailey, Reason; related AEI panel]
- “Apple v Woolworth re Apple Logos In Australia” [Trademark Blog]
- Speaking of Australia, Consumers Union’s Consumerist site publishes fake “Aussie McDonald’s fraud plot” memo as real — revises post later, but without mentioning it was taken in by hoax [HardArticle]
- Pennsylvania couple learns about squatter’s-rights law the hard way [Hazleton Standard Speaker]
- Maybe Saratoga Springs, N.Y. will let middle schoolers bike — or even walk! — to school [Albany Times-Union, Lenore Skenazy/Free Range Kids, Patrick at Popehat, Doug Mataconis/Liberty Papers]
- Milberg, the disgraced class action firm of Mel Weiss and Bill Lerach fame, is hot again [NLJ]
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- House Ways & Means — yep, Charlie Rangel’s own — passes bill slamming taxpayers for innocent errors [James Peaslee, WSJ, via Alkon]
- Must protect the children! “Parents banned from British school sports event” [Common Room] After-school pickup procedures can get a little crazy too [Free-Range Kids, Florida]
- Once again, America’s Most Irresponsible Public Figure® (that’d be RFK Jr.) sounds off on an environmental dispute to which he turns out to have personal financial ties [Greenwire via Eco-Pragmatism]
- Allegations in ugly Florida law firm breakup include misallocation of Hillary Clinton campaign money [DBR]
- When in court, try to avoid following the example of “Girls Gone Wild” impresario Joe Francis [Lowering the Bar and more, earlier]
- “Judge Allowed to Sue N.Y. Daily News, But Not a Lawyer Thought to Be a Source” [ABA Journal, NYLJ]
- New Hampshire judge rules for divorced father who disapproves of homeschooling [Volokh]
- ABA Journal is taking nominations for its annual best-of “Blawg 100″ list [hint, nudge]
