- “Woman who lost $500K calls ex-lawyer’s 5-year sentence for stealing $10M ‘a joke'” [Alabama; Martha Neil, ABA Journal]
- Canada: “Mom Lost Custody After She Left Her Kid Alone at Home for 90 Minutes” [Lenore Skenazy and Paul Best, Reason] “New British Law Will Call All Sorts of Things ‘Child Abuse.'” [Skenazy]
- “If I End Up On Life Support, My Family Knows The Type Of Long, Protracted Legal Battle I Would Want” [The Onion]
- Stiff training mandates for new drivers? Don’t be surprised if trainers develop into lobby in favor of keeping program going [Maggie Thurber, Ohio Watchdog, thanks for quote]
- “Law prof’s Garlock testimony details asbestos lawyers’ change in strategy” [Chamber-backed Legal NewsLine on Lester Brickman analysis] Plus, new ATRA website on asbestos litigation abuse;
- “BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)” [via Paul Karlsgodt]
- R.I.P. legal ethicist Monroe Freedman [Washington Post; a 2012 post of his I admired, re: showboat prosecutors]
“The proposal takes eBay’s dispute resolution system as a kind of inspiration.” Would the idea work here? [NPR]
Public Health England has sent a letter to major British supermarket chains asking them “to ensure that daffodils, both the bulbs from which they sprout and the cut variety too, are displayed well away from the produce of fruit and vegetable area.” A number of shoppers “for whom English was not their first language” have mistaken the stalks for Chinese chives, an ingredient used in stir-fry and dumpling dishes. Eating daffodils results in vomiting and other gastrointestinal distress although ordinarily no lasting effects. [Telegraph, BBC]
One wonders why an informational strategy — perhaps especially aimed at word of mouth in the Chinese community — would not be preferred. Gail Heriot comments (via Facebook):
When we act to minimize tiny risks we often create other risks that will go unnoticed. Flowers are kept near produce in grocery stores in part because they both need water from time to time to stay fresh. One guy with a mop can take care of spills pretty efficiently. If the two are separated, he may be a tad less quick about getting that job done. If some little old lady slips, no one ever makes the connection between her broken leg and this nonsensical daffodil policy. Trying to deal with tiny, oddball risks frequently results in increasing more ordinary risks to everyday shoppers. The thing to do is cool it.
P.S.: Chuckle at “handwashing optional” Senator if you like, but then try actually thinking through what value choice might have in food safety [Jacob Grier]
- In Britain, Conservative Party proposes pullback from involvement in European Convention on Human Rights [BBC, Telegraph with more coverage, Isabel Hardman/Spectator, Economist, Jon Holbrook/Spiked, Adam Smith Institute, Dominic Grieve/Prospect, Basak Cali/OJ]
- Lessons of forgotten debates in U.S. history: “Constitutional problems with international courts” [Eugene Kontorovich]
- “The United Nations is also pressuring countries, particularly Japan, to enact anti-hate speech laws.” [Elizabeth Nolan Brown]
- “How the Supreme Court Has Limited Foreign Disputes from Flooding U.S. Courts” [George T. Conway III, John Bellinger III, R. Reeves Anderson, and James Stengel for the Chamber’s Institute for Legal Reform via D&O Diary]
- Why U.S. ratification of the Convention on the Rights of the Child would be pointless [Julian Ku/OJ]
- “I despise North Korea human rights violations as much as anyone, but I’m skeptical that US tort system is answer.” [@tedfrank on Twitter; D.C. Circuit opinion in Kim v. DPRK]
- Critique of international human rights treaties as having done little to reduce abuses of rights [Eric Posner, The Guardian] Some human rights clinics at law schools like Yale “are very close to pure political advocacy groups” [Julian Ku on another Posner article]
- Why British pubs are in decline [new Institute of Economic Affairs report from Christopher Snowdon]
- After legal battle with chicken chain, Vermont man wins “Eat More Kale” trademark [AP, earlier here, etc.]
- “Why D.C. Breweries Say They’re Drowning In Red Tape” [Rebecca Sheir, WAMU] Pennsylvania: “Cops Seized Couple’s $160,000 Wine Collection – And Want to Destroy It All” [Baylen Linnekin]
- More on FDA calorie-labeling mandate for restaurants and food servers [Sarah Kliff, Vox (“way more aggressive than expected”); Steve Chapman, Jacob Sullum, Danny Vinik, New Republic on the lack of evidence in their favor; Jason Stverak, Providence Journal on the costs; Cass Sunstein via Althouse in favor; earlier here, etc.]
- Opponent seeks sanctions over attempt to turn “meritless snack food labeling action into the Second Peloponnesian War” [Daniel Fisher]
- “A Trademark Year in Wine and Beer: Our 2014 Holiday Buyer’s Guide to Disputed Beverages” [David Kluft, Foley Hoag]
- Roundup of reactions (including ours) to Boston professor’s fateful tussle with Chinese restaurant [National Post, earlier]
The coroner’s inquest, familiar to readers of Agatha Christie, might be worth importing to the U.S. to look into police-caused deaths [Josh Voorhees, Slate, on ideas of Paul MacMahon]
Related: “The Grand Jury System Is Broken” [John Steele Gordon, Commentary, written post-Ferguson, pre-Garner]; New York Times “Room for Debate“; New York Attorney General Eric Schneiderman asks for authority to take over prosecutorial authority in police shootings [WGRZ (auto-plays), New York Observer, Paul Cassell]; Harvey Silverglate via Todd Zywicki (don’t gut grand jury protections). And from Michael Bell, “What I Did After Police Killed My Son,” Politico: “In 129 years since police and fire commissions were created in the state of Wisconsin, we could not find a single ruling by a police department, an inquest or a police commission that a shooting was unjustified. …As a military pilot, I knew that if law professionals investigated police-related deaths like, say, the way that the National Transportation Safety Board investigated aviation mishaps, police-related deaths would be at an all time low.” (& Wisconsin aftermath)
Following the unexplained death of a gardener at a millionaire’s estate in Hampshire, England, a coroner has been told that it is more likely than not that brushing against the poisonous common garden plant aconitum, known variously as wolfsbane or monkshood, must have caused the man’s decease. [Independent]
Maggie Bloom, who is representing the family, said in the pre-inquest hearing yesterday that the initial blood sample had been destroyed – despite being against hospital policy – and that later samples that were retained could be useless as the poison leaves the body within a day.
“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:
George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.
He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.
He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.
An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]
From the United Kingdom [Camilla Swift, The Spectator]:
Police this week were granted the authority to carry out random, unannounced checks at the home of anyone who has a gun license. Why? They claim that shooters may be ‘vulnerable to criminal or terrorist groups’ and this is the way to tackle the ‘problem’. The new Home Office guidance assures us this won’t occur ‘at an unsocial hour unless there is a justified and specific requirement to do so.’ Some get-out clause.
More: CPSA. Perhaps, in our American Bill of Rights, there is more of a connection between the Second Amendment and Fourth Amendment than is at first apparent.
And: “Watervliet, NY Asks Pistol Permit Applicants for Facebook Passwords. Or Not.” [Robert Farago, The Truth About Guns]
“Extremists will have to get posts on Facebook and Twitter approved in advance by the police under sweeping rules planned by the Conservatives.” [Telegraph] The Spectator joins other critics in noting that the idea, floated by Home Secretary Theresa May, could conceivably be used not only against proponents of violent Islamism but also (for example) radicals of right and left, Irish nationalists, and animal-rights protesters:
Labour’s ‘hate crime’ laws have already been used to pursue Christian street preachers criticising homosexuality and Englishmen being rude about Scots. This magazine was once contacted by the CID, which was ‘investigating’ an article about Islamic fundamentalism — the police were trying to establish if we had violated the parameters of argument defined by New Labour. Rather than repeal such laws, Mrs May seems to want to extend them.