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June 12 roundup

by Walter Olson on June 12, 2009

  • Judge in Van Buren County, Michigan won’t approve adoptions unless one parent promises to stay home [Ken at Popehat]
  • Critical view of proposed Performance Rights Act, under which radio would pay new fees to artists and copyright owners [Jesse Walker, Reason]
  • Student threatens to sue school district: “You can say she was an exotic dancer and she was 18, but it was not an equal relationship.” [Boston Herald, columnist Margery Eagan, Worcester Telegram]
  • More attention for U.S. Chamber’s movie trailers promoting awareness of lawsuit abuse [NY Times]
  • Train didn’t actually strike her car at dicey RR crossing after gate closed behind her, but New York woman’s suing Metro-North anyway for the bad scare [Westchester, N.Y. Journal-News]
  • Uh-oh: Defamation-and-privacy section of American Association of Law Schools keeps electing as leaders feminist lawprofs known for speech-restrictionist views [Greenfield, earlier]
  • Cows and vows don’t mix: Oregon county says weddings may not be held on farm-zoned land [KTVZ]
  • Paul Offit, author of noteworthy book Autism’s False Prophets, sued by anti-vaccine blogger [Confutata (scroll), Alyric, link to complaint (PDF) at Courthouse News]

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At her great new site, Free Range Kids, Lenore Skenazy hears from a reader in suburban Texas who reports that parents wishing to attend their class holiday party are required to undergo a volunteer background check. Many of her commenters have similar stories — and worse.

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CPSIA makes itself felt in the science education market.

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The Guardian: “In its annual review, the Schoolwear Association reports a surge in schools switching to clip-on ties because of the potential strangulation risks of the older version. More than half of schools choosing new ties are switching to clip-ons.”

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“The family of a Sycamore High student who hanged herself after nude pictures she took on her cell phone were disseminated without her permission is suing the school, the city of Montgomery and several students they believe are involved.” [Cincinnati Enquirer] Jessica Logan was 18 and on spring break at the time. Patrick at Popehat, and earlier Scott Greenfield, have some relevant things to say about both the civil and criminal law angles of the problem.

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59-year-old Melinda Herrick, an art teacher who had been a Teacher of the Year honoree in the Houston schools, was charged with violating the “drug-free zone” law after cops found two Xanax pills in her car; the drug is often prescribed for panic disorder. Herrick protested that the car had been in the shop for repairs for more than a month before the incident; her daughter also drove the car. Students rallied on her behalf and the charges were finally dropped after she underwent a drug test which indicated that she did not use drugs. [Houston Chronicle via Obscure Store]

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Eugene Volokh discovers a Mississippi statute that appears to criminalize students’ possession of scissors in many instances, and a South Carolina statute that goes even further.

April 24 roundup

by Walter Olson on April 24, 2009

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April 20 roundup

by Walter Olson on April 20, 2009

  • Boy fatally shoots stepbrother at home, mom sues school district as well as shooter’s family [Seattle Post-Intelligencer]
  • Problem gambler sues Ontario lottery for C$3.5 billion [Toronto Star]
  • Cop declines training in which he’d be given Taser shock, and sues [Indianapolis Star]
  • Ultra-litigious inmate Jonathan Lee Riches scrawls new complaint linking Bernard Madoff, Britney Spears [Kevin LaCroix]
  • Just to read this update feels like an invasion of privacy: “Judge to Hear Challenge to $6M Herpes Case Award” [On Point News, earlier]
  • “Best criminal strategy: join the Spokane police” [Coyote Blog] More: Greenfield, Brayton.
  • Will mommy-bloggers be held liable for freebie product reviews? [Emily Friedman, ABC News, earlier]
  • Update: “Fifth Circuit says no bail for Paul Minor” [Freeland]

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Turns out there is a trade association sounding the alarm (earlier)

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April 9 roundup

by Walter Olson on April 9, 2009

  • Teacher’s aide in Queens, N.Y., sues 11 year old, saying he was dashing for ice cream and ran into her (this happened when he was eight) [WPIX; Rosanna Tomack, Joseph Cicak]
  • Extraterritoriality, or exit fees? Stiff taxes these days on Americans who renounce their citizenship [Coyote Blog]
  • Pennsylvania Gov. Ed Rendell hires Bailey, Perrin & Bailey, big campaign-donor law firm for anti-drugmaker suit [WSJ, Point of Law, ShopFloor, Adler @ Volokh]
  • Injured in wrestling fall, will get $15 million from school district [Seattle Times]
  • Feds seized Petri dishes at Buffalo professor’s home and word spread of major bioterror bust. Oops [Andrew Grossman, Heritage]
  • Toward “public control over the media”: Creepy ideological origins of Nichols/McChesney scheme to subsidize newspapers [Adam Thierer, City Journal]
  • Thanks to expensive modern medicine Virginia Postrel has been doing well in her fight against breast cancer, story might not have been so happy in some countries [The Atlantic, second essay responding to letters]
  • Jury awards $22.5 million against vaccine maker to man who says he caught polio from daughter’s shot [Staten Island Advance]

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What’s causing the rise of the killer peanut?

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humming-bird2

In a plea for relief from the law, the printing industry reminds us that the world of printed material for children is a big and diverse one: any exemption narrowly drawn to cover bound books alone will expose to the law’s full and often prohibitive rigor a whole world of paper and paperboard wall posters, party invitations, thank-you cards, educational pamphlets and supplements, puzzles, leaflets, Halloween and Thanksgiving decorations, writing pads, folders and other back-to-school supplies, stickers, origami paper, Sunday school collection envelopes, mazes, score-keeping tallies, tracts, calendars, maps, home-school kits, Valentines, sticky notes, napkins and placemats, trading and playing cards, and much more. (Update: more from PIA).

Relatedly, Valerie Jacobsen narrates “a teacher’s dilemma”:

This teacher said that if she brought her own classroom into compliance, she would lose most of her carefully collected library and many more educational supplies that she finds very helpful. She said, “I guess our whole shelf of microscopes would have to go, too.”

This teacher is working to give her students a rich, well-rounded education and she finds older books very useful in her classroom. Meanwhile, her experience confirms my own: children just don’t eat books.

Jacobsen wonders whether Henry Waxman has talked to many teachers about the law, and whether it would change his mind if he did.

Another group hit by the law, many of whom sell in smallish quantities not well suited to amortize the costs of a testing program, are the suppliers of equipment for school science programs. Is there a “Teachers Against CPSIA” group yet? And if not, why not?

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Actually, the principal of East Shore Middle School in that Connecticut municipality has banned not just hugs but high-fives, horseplay and “physical contact” of any sort, per WCBS-TV.

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Jacob Sullum notes that such proposals would also curtail the freedom of adults. Is that a bug or, for nannyists, a feature?

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March 25 roundup

by Walter Olson on March 25, 2009

  • Driver on narcotic painkillers crashes car, lawyer says pharmacists liable [Las Vegas Review-Journal]
  • Who’s that cyber-chasing the Buffalo Continental Air crash? Could it be noted San Francisco-based plaintiff’s firm Lieff Cabraser? [Turkewitz]
  • Axl Rose no fan of former Guns N’ Roses bandmate or his royalty-seeking attorneys [Reuters]
  • Cheese shop owner speaks out against punitive tariff on Roquefort, now due to take effect April 23 [video at Reason "Hit and Run", earlier]
  • Too many cops and too many lawsuits in city schools, says Errol Louis [NY Daily News]
  • Law professor and prominent blogger Ann Althouse is getting married — to one of her commenters. Congratulations! [her blog, Greenfield] Kalim Kassam wonders when we can look forward to the Meg Ryan film “You’ve Got Blog Comments”.
  • “Louisiana panel recommends paying fees of wrongfully accused Dr. Anna Pou” (charged in deaths of patients during Hurricane Katrina) [NMissCommentor]
  • U.K.: “Privacy Group Wants To Shut Down Google Street View” [Mashable]

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You guessed it: hitting a CPSIA snag (Digital Journal).

The family of Tatum Bass of South Carolina has filed a federal lawsuit over her dismissal from Miss Porter’s, the all-girls private school in Farmington, Connecticut. The suit “acknowledges that Bass was suspended from school this fall for cheating on a test. But the lawsuit contends that Bass only cheated because she was frazzled by” belittlement and bullying from a clique of other girls who are said to have called themselves the “Oprichniki,” after the secret police in czarist Russia. (Vanessa de la Torre, “Miss Porter’s School Sued Over Expulsion”, Hartford Courant, Dec. 10).

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