Posts tagged as:

Second Circuit

Schools roundup

by Walter Olson on December 2, 2013

  • Organizers of college conference on “intersection of health, humanities and disabilities” forget to make it accessible [Inside Higher Ed]
  • Law forbade disclosure re: sex offender classmate, now Seattle schools are paying assault victim $700,000 [KIRO]
  • Update: Lehigh U. student who sued over C+ grade won’t get a new trial, judge rules [Allentown Morning Call, earlier]
  • U.K.: “Refusal to allow your child to attend this trip will result in a Racial Discrimination note being attached to your child’s education record…” [Althouse]
  • Truly awful idea SCOTUS has helped us dodge so far: constitutional right to education [Andrew Sullivan]
  • Washington Monthly interviews Zach Schrag on institutional review boards (IRBs) [earlier here and here];
  • Oldie but goodie: dissent from Second Circuit chief judge Dennis Jacobs on College of Staten Island student politics complaint [Husain v. Springer, alternate]

Or, Prof. Bagenstos headlines it at Disability Law, “Second Circuit Holds Timely Arrival at Work Not Necessarily an Essential Job Function.” Reversing a summary judgment in favor of the employer, the judges found that a schizophrenic case worker whose medication caused morning drowsiness was entitled to a trial on his claim that he could have accomplished the job by working extra to make up for time missed early in the day. [McMillian v. City of New York; Disability Law; Paul Mollica, Outten & Golden]

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Get ready for the cognitive dissonance among many on both left and right: Second Circuit chief judge Dennis Jacobs, long a favorite of the Federalist Society (and of mine), has written the opinion striking down section 3 of the Defense of Marriage Act (DOMA) in Windsor v. U.S. I have more at my Maryland for All Families blog.

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Law schools roundup

by Walter Olson on January 25, 2012

  • Second Circuit Judge Jose Cabranes, at AALS meeting, gives legal academics frank appraisal of where law school needs fixing, to the delight of many of us who’ve advanced a broadly similar critique [Caron, Above the Law, Sloan/NLJ]
  • “Let’s Regulate Harder. That’ll Provide More Jobs For Young Law Grads!” [my new Cato post, citing an official from the Society of American Law Teachers (SALT)]
  • ABA accreditation rules discourage reliance on less expensive (and often more practice-oriented) adjunct faculty [latest in David Segal series on law schools in New York Times; Catherine Dunn, Corporate Counsel] Plus: video of law school accreditation panel at Federalist Society national convention;
  • Law school without undergrad degree first? Many other advanced countries do it that way [McGinnis and Mangas, Northwestern dean Dan Rodriguez response, M&M rejoinder; ABA Journal on views of NYLS's Rick Matasar] Yet more on law school reform [Jim Chen via Caron, Caron, Mark Yzaguirre, Frum Forum]
  • Complete point-counterpoint at ELF last summer on Tulane law clinic fracas (I’m counterpoint) [ELF]
  • Why not rob the rich? Ask Prof. Leiter [Sullivan]
  • Does law and economics amount to “studies in social engineering”? [Kenneth Anderson]

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Paging Elizabeth Wurtzel! [Daniel Schwartz] More: Bainbridge.

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A Second Circuit panel, reversing the district court judge, says a suit against utilities can go forward characterizing carbon dioxide as a nuisance. [American Lawyer, Point of Law first, second, third posts]

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With a million dollars of attorneys’ fees at stake, the trial lawyers in the infamous Grand Theft Auto case appealed the lower court decertification ruling to the Second Circuit.

In response, I filed this brief today.

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October 24 roundup

by Walter Olson on October 24, 2008

  • Chemerinsky, other critics should apologize to Second Circuit chief judge Dennis Jacobs over bogus “he doesn’t believe in pro bono!” outcry [Point of Law and update]
  • New York high court skeptical of ultra-high contingency fee in Alice Lawrence v. Graubard Miller case [NYLJ; earlier here and here]
  • Panel of legal journalists: press let itself be used in attack on Judge Kozinski [Above the Law]
  • Unfree campaign speech, cont’d: South Dakota anti-abortion group sues to suppress opponents’ ads as “patently false and misleading” [Feral Child]
  • Even if you’re tired of reading about Roy Pearson’s pants, you might still enjoy Carter Wood’s headlines on the case at ShopFloor ["Pandora's Zipper", "Suit Alors!"]
  • Rare grant of fees in patent dispute, company had inflicted $2.5 million in cost on competitors and retailers by asserting rights over nursing mother garb [NJLJ]
  • Time to be afraid? Sen. Bingaman (D-N.M.) keen on reintroducing talk-radio-squelching Fairness Doctrine [Radio Equalizer]
  • “Yours, in litigious anticipation” — Frank McCourt as child in Angela’s Ashes drafted a nastygram with true literary flourish [Miriam Cherry, Concurring Opinions]

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October 22 roundup

by Walter Olson on October 22, 2008

  • Bulgarians employ “decoy lawyers” to get around corruption in official bureaus [Cowen, MargRev]
  • Forum-shopping vol. MMMCCXII: Taiwan company claims Apple broke California unfair-practices law so of course it sues in Texarkana [AppleInsider]
  • “U.S. produces far too many lawyers for society to absorb” and one reason is that law schools want warm seats on chairs [Greenfield]
  • Second Circuit: lawyers can’t buy their way out of sanctions for filing meritless lawsuit [Krauss, PoL]
  • Some reasons furor over free speech in Canada is relevant this side of the border [Bernstein @ Volokh]
  • We’re quoted on the subject of those websites that offer “point-and-click access to trial lawyers” [Business First of Columbus]
  • Tight lid kept on study of disposable diapers’ environmental impact since findings were … inconvenient [Times Online (U.K.) via Stuttaford]
  • Judge backs Kentucky’s bid to seize domains of online gambling sites, implications for everyone else [Balko, "Hit and Run"; earlier here and here]