- 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] Title IX competes with true gender equality
[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,
suici,
Title IX,
Yale
- Florida courts allow probe of finances of MDs who treat many injury plaintiffs [Dolman Law Group; Crable v. State Farm]
- Booster clubs: “Does Title IX Reach Voluntary Donations?” [Joshua Thompson, PLF, earlier here, here]
- Freedom to Discriminate in Choice of Roommates: 9th Circuit case of Fair Housing Council v. Roommate.com [Eugene Volokh; related from David Bernstein h/t commenter wfjag]
- PI firm employee “disliked sending clients to [chiropractors] because insurers were more reluctant to settle those claims” [ABA Journal]
- “Bill introduced to de-criminalize the Lacey Act” [Paul Enzinna, PoL; earlier on Gibson Guitar and wood imports here, here] More: Reason.tv on the raids [Balko]
- “Australia: A Cautionary Tale of Litigation Financing?” [WSJ Law Blog]
- Constitutional law book review: Jay Wexler, “The Odd Clauses” [Greenfield, Lowering the Bar]
Tagged as:
Australia,
chiropractors,
constitutional law,
fair housing,
housing discrimination,
litigation finance,
Title IX
The anti-obesity campaign isn’t the only policy initiative that’s leading to regulatory scrutiny of high school bake sales. There’s Title IX and its state equivalents, too:
Controversy in New Mexico continues over booster club funding and Title IX implementation as discussion heats up over the state’s Schools Athletics Equity Act. The issue remains whether private donations raised by parents through bake sales and working concession stands, or whether philanthropic contributions by private businesses, should be pooled together and distributed among all boys and girls teams under the guise of Title IX equality — and regardless of which parents/teams raised what.
Not surprisingly, many expect volunteerism to droop if the chance to raising funds for your team’s road trip or new equipment is replaced by a new rule prescribing that you can only raise money for school sports generally and hope that some fraction gets passed through to your team. [Deborah Elson, Saving Sports; earlier on booster clubs]
Tagged as:
New Mexico,
schools,
Title IX
- “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]
Tagged as:
banks,
Bill Lerach,
colleges and universities,
Nevada,
pharmaceuticals,
Title IX
- Reforms billed as loser-pays advance in Texas, but they’re very scaled-down [WSJ, WLF and more, Legal Blog Watch, Wood/PoL, Cary Gray/Houston Chronicle, WSJ Law Blog, earlier]
- “Refutation of Toyota sudden acceleration hysteria doesn’t stop Toyota sudden acceleration litigation” [Ted at PoL]
- “Five Questions With Legal Scholar Richard Epstein” [Jamie Weinstein, Daily Caller; his views on Title IX]
- Employers glad for small favors: “Refusing to Hire Applicant Who Fails Drug Test Not an ADA Violation” [Robin Weideman, California Labor and Employment Law Blog; Ninth Circuit]
- “Study Shows Litigation Doesn’t Improve Nursing Home Safety” [Studdert et al, NEJM via Daniel Fisher]
- Risperdal? No thanks: “Mother battles Michigan over daughter’s medication” [AP]
- Personal-injury litigation plummets in Australia following enactment of state-level reforms [seven years ago on Overlawyered]
Tagged as:
disabled rights,
illegal drugs,
loser pays,
nursing homes,
psychiatry,
Richard Epstein,
sudden acceleration,
Texas,
Title IX,
Toyota
- Study of how class action lawyers interact with their named clients [Stephen Meili via Trask]
- California releases numbers on how bounty-hunting lawyers did in 2010 under Prop 65 environmental-warning law [Cal Biz Lit]
- According to the tale, lender errors in foreclosure gave Florida borrower home free and clear. Actual story may be more complicated than that [Funnell]
- The very long discovery arm of the Philadelphia, and Pennsylvania, courts [Drug & Device Law, more]
- UK law firm “could face big bill” after sending thousands of file-sharing demand letters [ABA Journal]
- Goodbye to men’s track at U. of Delaware, and the women’s team is suffering too, as often happens with Title IX [Saving Sports]
- OSHA’s proposed “illness and injury prevention program” (I2P2) termed a “Super Rule” with potentially widespread economic impact [Kirsanow, NRO]
Tagged as:
class actions,
discovery,
forum shopping,
mortgages,
OSHA,
Pennsylvania,
Philadelphia,
Prop 65,
RIAA and file sharing,
Title IX
A fraternity has already apologized for its role in loutish public expressions, but that isn’t nearly enough for some complainants who’ve initiated an investigation by the Education Department’s Office of Civil Rights that puts Yale at risk of losing its $500 million in federal funding if it isn’t sufficiently cooperative. Peter Berkowitz in the Wall Street Journal:
That Yale finds itself under pressure from the government, in the face of stupid frat-boy initiation rituals obviously designed to humiliate the pledges themselves, dramatizes how far government and higher education have drifted from the principles of freedom. … What is really at stake in the current investigation of Yale is the proper mission of the university. The complainants, not a few university administrators and faculty, and powerful forces at work in the Department of Education seem to think that one of a university’s top priorities is policing students’ opinions and utterances to ensure that they adopt government-approved ideas about sexual relations. That priority can’t be reconciled with the imperatives of a liberal education.
If a letter just sent to alumni by Yale President Richard Levin is any indication, the university may not intend to put up much of a public stand on behalf of its autonomy of governance, the toleration granted even some offensive utterances in a community of unbridled expression, or the importance of due process for students accused of wrongdoing. Indeed, Levin’s letter does not make even the tamest and most tentative attempt to argue that anything about the OCR complaint is legally erroneous or worth resisting. The full text of the letter follows: [click to continue…]
Tagged as:
colleges and universities,
harassment law,
Title IX,
Yale
- Schumer: ban gun ownership by persons arrested but not convicted of drug offenses [Jeff Winkler, Daily Caller]
- Urban-farming pioneer in Oakland may come a cropper for selling produce without license [SFGate via Perry]
- Harvard-trained Obamanauts’ revenge? Feds investigate Yale for alleged sexually harassive environment [Zincavage] Related: strings attached to federal money for university “sexual assault prevention” include mandatory student sensitivity-training attendance [TBD, more]
- Trade dumping law as competitive shakedown mechanism [Tabarrok]
- “Forwarding a Sentence-Long Message from a Listserv = Copyright Infringement?” [Volokh]
- “Product Defect Case Over Ear Candle Cleared for Trial” [OnPoint News, McConnell/D&D, Abnormal Use]
- Oh, Title IX, couldn’t you at least leave our booster club alone? [Saving Sports] Wrestling team axe is just the start for men’s sports cuts at Liberty U. [same]
- “Wal-Mart v. Dukes [Lawyers] Ask Courts To Fix The World” [Dan Fisher, Forbes] Liptak/NYT on use of “social framework” evidence in case [Mass Tort Prof] Rhetoric about “day in court” tends to obscure actual stakes [Daniel Schwartz] More: Hans Bader, and Jon Hyman with many links.
Tagged as:
agriculture and farming,
colleges and universities,
free trade,
guns,
hostile environment,
Title IX,
Wal-Mart v. Dukes
The quota pressure in sports has been around for a while, but the idea of an enforcement push in hard academic disciplines may be getting extra encouragement from the very top:
Obama himself seems to have latched onto the idea. While praising Title IX’s impact on increasing women’s participation in athletics, he said, “If pursued with the necessary attention and enforcement, Title IX has the potential to make similar, striking advances in the opportunities that girls have in the science, technology, engineering, and mathematics (“STEM”) disciplines.” The nation’s university science, engineering, and mathematics departments may thus soon find themselves faced with the task of complying with a regulatory regime similar to the intercollegiate athletics three part test.
[Alison Somin, Federalist Society "Engage", PDF]
More: a John Stossel segment, and cutbacks in men’s sports at Delaware.
Tagged as:
Delaware,
John Stossel,
science and scientists,
Title IX
- Food Safety Modernization Act, much scrutinized in this space, revived and passed after Senate leadership obtains unanimous Republican consent, now heads for federal statute books [ABC "The Note", Marler, Bader; National Sustainable Agriculture Coalition on amendments aimed at lessening some of the bill's burdens]
- FCC’s “net neutrality” power play over Internet [John Fund, WSJ.com; Jack Shafer, Slate]
- “UConn’s Streak and Title IX” [Neal McCluskey, Cato] John Stossel’s new program on “Top Ten Politicians’ Promises Gone Wrong” included Title IX [video, one reaction] Related from College Sports Council: California rugby, Delaware equestrian.
- Cracked Bell: notorious California city milked small biz, tradespeople through vehicle seizures, fines [LAT] “How the Road to Bell Was Paved” [William Voegeli, City Journal]
- “Nothing says Christmas like taking away a child’s treasured toy and destroying it.” [Boston Globe, James Taranto/WSJ on Providence, R.I. program to shred toy guns]
- Dishes Still Dirty? Blame Phosphate-Free Detergent” [Shogren, NPR; Holmes, NRO and more]
- Domain seizures point up shaky legal stance of much music-blogging [Switched]
- “Santas have a pretty good chance of getting sued” [six years ago on Overlawyered] And this just in: “Man sues Santa Claus Parade after eye injury” [680News.com, Toronto, Canada; suit alleges frozen candy tossed into crowd caused injury]
Tagged as:
Christmas and other holidays,
environment,
food safety,
guns,
music and musicians,
Title IX
