Articles by Overlawyered.com editor Walter Olson: “Title IX’s Invisible Ink” (“student-on-student” harassment), Reason, August/Sept. 1999.
“Standard Accommodations” (special ed expands toward infinity), Reason, February 1999.
“Title IX from Outer Space: How federal law is killing men’s college sports“, Reason, February 1998.
“Opposing View: Meddlers Won’t Quit” (EEOC guidelines on college athletic coaches’ pay), USA Today, November 17, 1997.
“Say What?” (“accent discrimination”; Westfield, Mass. school case), Reason, November 1997.
“The Law on Trial“, Wall Street Journal, October 14, 1997 (review of Beyond all Reason by Daniel Farber and Suzanna Sherry).
“Time to Get Off the Tenure Track“, The New York Times, July 8, 1997.
“Shut Up, They Explained” (zero-tolerance harassment policies), Reason, June 1997.
“Have You Used a Kid Today As a Political Pawn?“, Chicago Tribune, November 14, 1996.
“A Connecticut Yankee in Court” (Sheff v. O’Neill decision), City Journal, Autumn 1996.
“Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle,? National Review, May 11, 1992.
“Breaking Ranks“, review of Reflections of an Affirmative Action Baby by Stephen Carter, National Review, October 7, 1991.
Filed under: Australia, Canada, Connecticut, deep pocket, Iowa, Little League, schools, South Carolina, swimming, teacher tenure, Title IX, Utah, zero tolerance
Archived entries before July 2003 can also be found here. 2003: “To tame Madison County, pass the Class Action Fairness Act” ($250 million against U.S. Steel), Jun. 12-15; “‘Runaway asbestos litigation — why it’s a medical problem’“, Mar. 18; “Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16; “ABA endorses asbestos litigation reform“, Feb. 13; “Asbestos: ‘better than the lottery’“, Feb. 10. 2002: “‘Asbestos fraud’” (Robert Samuelson column), Dec. 18-19; “Gotham’s trial lawyer-legislators” (Sheldon Silver, Weitz & Luxenberg”, Dec. 13-15; “Asbestos opinions“, Nov. 8-10; “Notation on Scruggs’ court file: to be ‘kept away from the press’“, Nov. 6; “‘Federal authorities say judge offered illegal payoff’“, Sept. 3-4; “Saving the Crown jewels?“, Jun. 26-27; “‘The Tort Mess’” (Forbes, etc.), May 13; “Editorial-fest” (Time), Mar. 11; “‘The $200 Billion Miscarriage of Justice’” (Roger Parloff, Fortune), Feb. 18-19; “Kaiser Aluminum bankrupt“, Feb. 15-17. 2001: “‘Firms Hit Hard As Asbestos Claims Rise’“, Dec. 20; “‘Halliburton shares plunge on verdict’“, Dec. 10; “Insurance market was in tailspin before 9/11“, Nov. 14; “How many lives would asbestos have saved?” (WCT), Sept. 17 (& Sept. 18, Sept. 25-26); “Warren Buffett was wrong” (USG, Crown Cork & Seal), June 27; “Columnist-fest“, June 22-24 (Amity Shlaes on tobacco synergy case); “Randomness of case assignments questioned” (S.F.), April 18; “Reparations: take a number“, Apr. 17 (& see Olson, Reason, Nov. 2000); “‘The last tycoon’” (Angelos), April 12; “Asbestos claims bankrupt W. R. Grace“, April 3-4; “GAF sues asbestos lawyers“, Feb. 12-13 (& see Dec. 10); “CBS among asbestos litigation targets“, Jan. 22-23. 2000: “Asbestos litigation destroying more companies“, Nov. 27 (& Dec. 8-10: Armstrong World Industries bankrupt); “Owens Corning bankrupt“, Oct. 6-9; “Somebody to sue” (misc. defendants), Jun. 1. See also Walter Olson, “Thanks for the memories“, Reason, June 1998.
More links: Asbestos FAQ (Okla. DOL); Coalition for Asbestos Resolution (articles, edits); AsbestosLitigation.com; Asbestos Institute (Canada); British Asbestos Newsletter; “Asbestos Litigation 101” (attorney David Shaw).
Filed under: asbestos, Dickie Scruggs, Madison County, product liability, reparations, Sheldon Silver, tobacco
“Texas’s giant legal reform“, Jun. 18-19, 2003.
Malpractice suit crisis, 2003: “Letter to the editor“, Jun. 20-22; “Docs leaving their hometowns“, Jun. 12-15; “Juggling the stats“, Jun. 4-5; “Malpractice studies“, May 12; “Public Citizen’s bogus numbers“, Apr. 10-13; “Malpractice crisis hits sports-team docs” (& general roundup), Apr. 7-8; “Would you go into medicine again?“, Mar. 18; “‘Public deceit protects lawsuit abuse’“, Mar. 15-16; “One solution to the malpractice crunch“, Feb. 19; “Feinstein set to back Bush malpractice plan“, Feb. 12; “State of the Union“, Jan. 29; “Malpractice-cost trends“, Jan. 24-26; “ATLA’s hidden influence“, Jan. 21-22; “Playing chicken on malpractice reform“, Jan. 9; “‘Doctors strike over malpractice costs’” (W.Va., Pa.), Jan. 3-6. 2002: “Campaign roundup“, Nov. 4-5; “Pennsylvania House votes to curb venue-shopping“, Oct. 11-13; “Rumblings in Mississippi“, Oct. 9-10 (& Sept. 9-10); “Let ’em become CPAs“, Oct. 7-8; “Tour of the blogs“, Sept. 24; “You mean I’m suing that nice doctor?“, Aug. 1; “‘Bush urges malpractice damage limits’“, Jul. 29; “‘Trauma center reopens doors’“, Jul. 18; “Malpractice crisis latest” (Pa., Tex.), Jun. 11-12; “Sick in Mississippi? Keep driving“, Jun. 3-4 (& Apr. 5-7); “‘Rocketing liability rates squeeze medical schools’“, May 28-29; “‘The trials of John Edwards’“, May 20-21; “Ob/gyns warn of withdrawal“, May 17-19; “‘The Tort Mess’” (Forbes, etc.), May 13; “Texas doctors’ work stoppage“, Apr. 11 (& Mar. 15-17); “No more ANZAC Day marches?” (Australia), Apr. 1-2; “Scenes from a malpractice crisis“, Mar. 5; “Med-mal: should doctors strike?“, Jan. 21-22. 2001: “Soaring medical malpractice awards: now they tell us“, Sept. 11; “‘Valley doctors caught in “lawsuit war zone”‘“, May 3; “Pennsylvania MDs drop work today“, Apr. 24; “Philadelphia juries pummel doctors“, Jan. 24-25. 2000: “Trial lawyers’ clout in Albany“, Oct. 4; “Malpractice outlays on rise in Canada“, Oct. 2.
Ob/gyn, 2003: “Juggling the stats“, Jun. 4-5; “Malpractice studies“, May 12; “‘Edwards doesn’t tell whole story’“, Mar. 4 (& letter to the editor, Mar. 31); “‘Delivering Justice’“, Feb. 27. 2002: “Ob/gyns warn of withdrawal“, May 17-19 (& see Jun. 11-12); “‘Support case hinges on failed sterilization’” (Ind.), Apr. 26-28; “Med-mal: should doctors strike?“, Jan. 21-22. 2001: “Fleeing obstetrics, again“, Dec. 21-23; “‘Wrongful life’ comes to France“, Dec. 11 (& updates Jan. 9-10, May 20-21, Jul. 1-2, 2002); “Meet the ‘wrongful-birth’ bar“, Aug. 22-23 (& letter to the editor, Sept. 3; more on wrongful birth/life: Nov. 22-23, Sept. 8-10, June 8, May 9, Jan. 8-9, 2000); “Pennsylvania MDs drop work today“, April 24; “Caesarean rate headed back up“, Feb. 5. 2000: “Birth cameras not wanted“, Oct. 18; “Plastic surgeons must weigh patients’ state of mind, court says” (roundup: anti-abortion suits), Aug. 15. 1999: “‘Trial lawyers on trial’” (Norplant, etc.), Dec. 23-26; “‘Your perfect birth control…blocked?’“, Aug. 11 (Norplant) (& update Aug. 27; company to settle 36,000 suits); “Yes, this drug is missed” (hospital admissions for hyperemesis tripled after lawyers drove Bendectin off market), Jul. 21.
“Malpractice studies“, May 12, 2003; “Radiologists: sue them enough and they’ll go away“, Nov. 2, 2000 (& see Sept. 24, 2002).
Nursing homes, geriatrics, 2003: “Florida: ‘New clout of trial lawyers unnerves legislators’“, Mar. 20; “$12,000 a bed“, Mar. 19. 2001: “Soaring medical malpractice awards: now they tell us“, Sept. 11; “‘Doctor liable for not giving enough pain medicine’“, Jun. 15-17; “‘Nursing homes a gold mine for lawyers’“, Mar. 13-14. 2000: “‘Litigation grows in ailing nursing home industry’“, Jun. 20 (& see Mar. 2-4, 2001).
“Incoming link of the day“, Mar. 5-7, 2003.
Emergency medicine: “‘Trauma centers warn lives could be at risk’” (Orlando), Feb. 28-Mar. 2, 2003; “Ambulances, paramedics sued more“, Oct. 28-29, 2002; “Let ’em become CPAs“, Oct. 7-8; “Avoid having a medical emergency in Mississippi“, Apr. 5-7; “Scenes from a malpractice crisis” (closure of trauma centers), Mar. 5, 2002 (& see Jun. 11-12); “That’ll teach ’em” (Chicago EMS), Dec. 26-28, 2000; “Highway responsibility” (ambulance, hospital sued in Derrick Thomas crash), Nov. 28, 2000.
“The jury pool he faced“, Feb. 25, 2003.
“Take care of myself? That’s the doc’s job“, Feb. 14-16, 2003; “Claim: docs should have done more to help woman quit smoking and lose weight” (Pa.), Sept. 18-19, 2002.
“Medical mistakes” estimates, 2001: “Report: ‘medical errors’ study overblown“, July 27-29. 2000: “‘Report on medical errors called erroneous’“, July 11; “Medical mistakes, continued“, March 7; “‘Medical errors’ study“, Feb. 28; “Against medical advice” (Clinton proposals), Feb. 22 (& see malpractice law section below).
“Mercury in dental fillings“, Jul. 16-17, 2002 (& Nov. 4-5, 2002).
Psychiatry and allied fields, 2002: “‘Mom who drugged kids’ ice cream sues’“, Nov. 1-3; “‘Patient sues hospital for letting him out on night he killed’” (Australia, psychiatric case), Oct. 16-17; “‘After stabbing son, mom sues doctors’“, May 31-June 2; “Counseling center may face closure” (Okla.), May 24-26. 2000: “Killed his mother, now suing his psychiatrists“, Oct. 2; “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27 (update, Mar. 2: he’s reported to have punched a social worker twice since going off medication; Mar. 29: jury convicts him anyway); “Latest excuse syndromes” (“Internet intoxication”, etc.), Jan. 13-14; “Warn and be sued” (clinical psychologist loses confidentiality suit after warning of patient’s dangerousness), Jan. 12. 1999: “Doctor sues insurer, claims sex addiction“, Oct. 13; see also personal responsibility.
“Artificial hearts experimental? Who knew?“, Oct. 23, 2002.
“U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.
“Lawyers fret about bad image” (lawyers’ own poll finds public has much more confidence in doctors than in lawyers), Oct. 3, 2002.
“‘Patient pays price for suing over cold’” (U.K.), Sept. 20-22, 2002.
“‘Doctors hope fines will curb frivolous lawsuits’“, Sept. 6-8, 2002; “The doctor strikes back” (neurosurgeon countersues), June 14-15, 2000; “‘Truly egregious’ conduct” (court cites misconduct by attorney Geoffrey Fieger in suit against cardiologist), Sept. 14, 1999.
“Accident medicine”, 2002: “‘How to spot a personal injury mill’“, Aug. 19. 2001: “Lawyers (and docs) block cleanup of Gotham crash fraud“, April 2. 2000: “‘How do you fit 12 people in a 1983 Honda?’“, Aug. 23-25; “His wayward clients“, May 25; “Less suing = less suffering” (NEJM whiplash study), Apr. 24 (& update Jun. 26).
“‘The NFL vs. Everyone’” (medical privacy laws could restrict sports teams from commenting on players’ injuries), Jun. 13, 2002; “Promising areas for suits” (sports medicine), Dec. 7, 2000; “Doctor cleared in Lewis cardiac case“, May 15, 2000.
“‘Remove child before folding’” (AEI-Brookings study on defensive medicine), Jun. 5, 2002.
Managed care/HMOs, 2002: “‘Bad movie, bad public policy’” (John Q), Mar. 19; “Washington Post blasts HMO class actions“, Jan. 30-31. 2001: “Managed care bill: Do as we say…“, Sept. 7-9 (& Dec. 6, 1999); “Contrarian view on PBR“, Aug. 17-19; “Chapman, Broder, Kinsley on patients’ rights“, June 28; “Managed care debate“, June 26; “Columnist-fest” (Morton Kondracke), June 22-24; “Docs and Dems“, June 19; “Roundup“, May 21. 2000: “Patients’ Bill of Wrongs” (Richard Epstein), Oct. 27-29; “Fortune on Lerach“, Aug. 16-17; “Arm yourself for managed care debate“, April 20; “Employer-based health coverage in retreat?“, March 31-April 2. 1999: “Weekend reading: columnist-fest” (John McCarron), Dec. 11-12; “Actions without class” (Wash. Post editorial: “extortion racket”), Dec. 2; “Who’s afraid of Dickie Scruggs?“, Dec. 2; “Aetna chairman disrespects Scruggs“, Nov. 18-19; “World according to Ron Motley” (world’s richest lawyer plans to sue HMOs, nursing homes, drugmakers), Nov. 1; “Deal with us or we’ll tank your stock” (managed care stock prices plunge), Oct. 21; “‘Health care horror stories are compelling but one-sided’“, Oct. 16-17; “After the HMO barbecue“, Oct. 12; “Power attracts power” (Boies joins anti-HMO effort), Sept. 30; “Impending assault on HMOs“, Sept. 30; “Rude questions to ask your doctor” (why are you helping trial lawyers make it easier to sue health plans?), Sept. 4-6; “From the fourth branch, an ultimatum” (leading trial lawyer vows to “dismantle” managed care), July 16.
“Hospital rapist sues hospital“, May 22-23, 2002 (& Mar. 5-7, 2003: court dismisses case).
“Bush’s big mistake on mental health coverage“, May 13, 2002.
“‘Big government ruined my long weekend’” (tide-over weekend prescribing), May 7, 2002.
“Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002.
“All things sentimental and recoverable” (veterinarians), Jan. 30-31, 2002.
Public health follies: “Infectious disease conquered, CDC now chases sprawl“, Nov. 9-11, 2001; “Letter to the editor” (activist doctors vs. gun ownership), May 18, 2001; “‘P.C., M.D.’“, Feb. 23-25, 2001.
“Bioterrorism preparedness” (laws hobble hospitals), Oct. 30, 2001.
“Letter to the editor“, Sept. 3, 2001 (can/should doctors avoid lawyers as patients?) (responses, Oct. 22).
“Clinical trials besieged“, Aug. 27-28, 2001; “Bioethicist as defendant” (Arthur Caplan, Jesse Gelsinger case), Oct. 6-9, 2000.
“‘Doctor liable for not giving enough pain medicine’“, Jun. 15-17, 2001.
“The unconflicted Prof. Daynard” (British Medical Journal and tobacco lawyer), April 21-23, 2000 (& update: letters, Jan. 2001, June 2001).
“To destroy a doctor” (lawyer’s campaign against laparoscopic surgeons), June 6, 2001.
“Mommy, can I grow up to be an informant?“, July 30, 2001; “A case of meta-False Claims” (overzealous prosecution of hospitals), Sept. 9, 1999.
“Updates” (Lawyers’ cameras in trauma ward), Dec. 26-28, 2000 (& Oct. 18).
“Promising areas for suits” (laser eye surgery), Dec. 7, 2000.
Plastic surgery: “Plastic surgeons must weigh patients’ state of mind, court says“, Aug. 15, 2000 (& June 11, 2001: she loses); “Strippers in court“, Jan. 28, 2000; “No spotlight on me, thanks” (leading breast-implant lawyer obtains gag order against lawyers for dissatisfied clients), August 4, 1999; “Never saying you’re sorry” (implants), July 2, 1999.
“Turn of the screw” (pedicle screw lawsuits), Oct. 24, 2000.
“Disabled rights roundup” (obligatory sign interpreters at doctor’s offices), Sept. 29-Oct. 1, 2000; “From our mail sack: ADA enforcement vignettes” (interpreters, guide dog allergy case), May 31, 2000.
“Embarrassing Lawsuit Hall of Fame” (intimate injury; misdiagnosis charge), Aug. 14, 2000.
“Senator Lieberman: a sampler” (cost of defensive medicine), Aug. 8-9, 2000.
“And don’t say ‘I’m sorry’” (nurse’s first-person account), June 21, 2000.
“Can’t sue over affair with doctor” (court rules it was consensual), June 13, 2000.
“Jumped ahead, by court order” (residency), May 31, 2000.
“‘Case’s outcome may spur more lawsuits’” (Mississippi fen-phen trial), Dec. 10, 1999; “‘Dieters still want fen-phen’“, August 18, 1999.
“Rhode Island A.G.: let’s do latex gloves next“, Oct. 26, 1999.
“Michigan high court upholds malpractice reform“, August 6, 1999.
Other resources on medicine and litigation:
Good general links pages on health law are provided by the St. Louis University Center for Health Law Studies and by the whimsically named but highly useful Health Hippo.
The Litigation Explosion, the 1991 book by Overlawyered.com editor Walter Olson, was excerpted in two parts by Medical Economics [part one] [part two]
Marc Arkin, “Products Liability and the Threat to Contraception” (Manhattan Institute Civil Justice Memo, February 1999).
L. William Luria, M.D., and Dennis G. Agliano, M.D., “Abusive Medical Testimony: Toward Peer Review“, describes efforts under way in Hillsborough County, Florida, to apply principles of peer review to the control of irresponsible or unqualified forensic testimony by medical professionals.
Walter Olson, “Lawyers with Stethoscopes: Clients Beware” (Manhattan Institute Civil Justice Memo, 1996) (abusive litigation is also bad for the medical prognosis of claimants)
Breast implants: see separate page
Vaccines:
Health Hippo vaccines section.
Peter Huber, “Dan Quayle, the Lawyers and the AIDS Babies“, Forbes, October 28, 1991 (liability and an AIDS vaccine).
Peter Huber, “Health, Death, and Economics“, Forbes, May 10, 1993 (“investment in vaccines remains far lower than it should be, given the huge benefits that vaccines provide”)
Walter Olson, “California Counts the Costs of Lawsuit Mania“, Wall Street Journal, June 3, 1992 (liability slowing research on AIDS vaccine).
Malpractice law:
Daniel Kessler and Mark McClellan of Stanford won the Kenneth Arrow Award in Health Economics in 1997 for their article “Do Doctors Practice Defensive Medicine?”, which “found that when states reformed malpractice laws to put caps on damages for pain and suffering, or to eliminate punitive damages, hospital expenditures for heart disease patients were reduced by about 5 percent, yet did not leave the patients with worse health outcomes.”
Richard Anderson, M.D., “An ‘Epidemic’ of Medical Malpractice? A Commentary on the Harvard Medical Practice Study“, Manhattan Institute Civil Justice Memo, July 1996 (shortcomings of famous study of medical care in New York hospitals).
Forbes columns by Peter Huber on the issue include “Malpractice Law: A Defective Product” (1990) and “Rx: Radical Lawyerectomy” and “Easy Lawsuits Make Bad Medicine” (1997).
Walter Olson, “A Story That Doesn?t Have a Leg To Stand On,” Wall Street Journal, March 27, 1995 (the famous “wrong-leg amputation” case).
In 1993, in a paper given at the annual meeting of the Association for Health Services Research, Daniel Mendelson and Robert Rubin estimated that defensive medicine practices in three areas alone — pre-surgical testing, fetal monitoring and skull x-rays — probably exceeded $2 billion a year, and estimated likely savings from “aggressive malpractice reform” at more than twice that amount. Perhaps in contrast (or perhaps not), a 1995 study of obstetrics in Washington state by L. Baldwin et al found no differences in practice between doctors who had been named in suits and those who had not. And Mark Hauser et al, “Fear of Malpractice Liability and its Role in Clinical Decision-Making” studied doctors’ reaction to hypothetical cases in which a patient’s file did or did not reveal a history of having sued physicians. They found that in cases where an earlier suit had been reported the doctors were modestly more likely to call in other doctors, to recommend hospital admission, to document a case “by the book” rather than rely on judgment, and to predict a bad outcome. Surprisingly, they did not order more tests or withdraw from cases more often when informed that a patient had a record of suing. The Hauser paper notes one possible cost of an over-hasty resort to hospitalization: “In psychiatry a defensive response might include a needlessly low threshold for involuntary hospitalization, where the patient’s liberty and autonomy are, in essence, sacrificed in favor of conservative practice for the sake of self-protection.”
The Michigan law firm of Garan, Lucow, Miller & Seward, P.C., which has a specialty in medical malpractice defense, maintains a comprehensive links page of resources in the field.
Among reform groups, the Health Care Liability Alliance is a nationwide advocacy group whose website offers a variety of useful materials on the case for lawsuit reform. Californians Allied for Patient Protection defends the Golden State’s MICRA limits on malpractice liability. CLYSIS is a Minnesota group working for medical liability reform. State medical societies, such as the Medical Society of the State of New York, often maintain law-related information at their websites.
Filed under: Australia, Bill Lerach, Dickie Scruggs, fen-phen, France, Geoffrey Fieger, hospitals, John Edwards, Manhattan Institute, medical, Michigan, Minnesota, Mississippi, nursing home, obstetric, Pennsylvania, Philadelphia, Public Citizen, Rhode Island, Richard Daynard, Richard Epstein, The Litigation Explosion, tobacco, vaccines, Washington state, wrongful birth and wrongful life
“‘Prosecutor had ordeal as defendant’“, May 14, 2003.
Sex abuse charges, 2003: “‘Sex, God and Greed’“, May 28; “‘No Crueler Tyrannies’” (Dorothy Rabinowitz), May 8 (& Apr. 17, 2001). 2002: “‘Reno owes the public answers’“, May 7; “Updates” (rape shield laws), Jan. 9-10 (& more on Jovanovic case: Dec. 23-26, 1999). 2001: “Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8; “‘Teen sex offenders face years of stigma’“, Nov. 5; “‘Crying wolf’“, Oct. 30; “‘Proposed Law Would Consider Alcohol as Date-Rape Drug’” (Wisc.), Oct. 3-4. 2000: “Federal commerce power genuinely limited, Supreme Court rules” (strikes down VAWA’s lawsuit provision), May 16 (and see Wendy Kaminer, Feb. 24); “Updating Jane Austen“, Apr. 28-30; “Court rejects ‘telephone sex slave’ charge“, Apr. 24; “Philadelphia: feminist groups to be consulted on whether to classify incidents as rape“, Mar. 27 (and see Cathy Young, April 6); 1999: “Okay, we admit it: we admire these lawyers” (Wenatchee defenders), Sept. 4-6; “Personal hell“, Jul. 31-Aug. 1.
“Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003.
Watch those emails: “Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003; “Why we lose workplace privacy“, Aug. 9, 2001; “Watch those fwds” (Dow Chemical fires employees for email use), Aug. 21-22, 2000; “Oops: D.A.’s and judge’s fwding of sex pics deemed ‘unfortunate event’“, April 11; “Harassment-law roundup” (email-shredding software), Feb. 19-21; “Emails that ended 20 Times careers“, Feb. 8-9, 2000; “Please — there are terminals present” (Bloomberg censors its terminals), July 30, 1999.
“After failed workplace romance, a $1.3 million bill“, Feb. 6-9, 2003.
“Incoherence of sexual harassment law“, Oct. 15, 2002.
Sued either way: “Investigate, but gently“, Sept. 25-26, 2002; “‘Ex-Teach’s Suit: Kids Abused Me’“, Jun. 26-27, 2002; “Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, Jun. 4, 2001; “Customer offense” (supermarket bagger with Tourette’s), Jun. 9-11, 2000; “Columnist-fest” (Mona Charen on Mar. 10-12 story, below), Apr. 6; “Accused of harassment; wins $2 million from employer“, Mar. 10-12 (& update Jun. 2, 2003: award reversed); “‘Judgment reversed in Seinfeld case’“, Feb. 26-27, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.
“Banish those desk photos of spouse at beach“, Aug. 29-Sept. 2, 2002.
“Clipboard-throwing manager = $30 million clipping for grocery chain“, Apr. 19-21, 2002 (& update Jul. 26-28: damages cut to $8 million); “‘$3 million awarded in harassment’” (Illinois police department), Dec. 19, 2001; “Fieger’s firecrackers frequently fizzle” ($20 million harassment verdict against Chrysler), May 31, 2001; “The stuffed-grape-leaf standard” (feminist litigator asserts that $300K isn’t that much money), August 14-15, 1999.
“‘Surgeon halts operation over foreign nurses’ poor English’” (U.K.: he’s then threatened with disciplinary action for racism), Jul. 25, 2002.
“Catharine MacKinnon, call your office“, May 16, 2002.
“An eggshell psyche at U.Va. Law“, Apr. 8-9, 2002.
“Jail for schoolyard taunts?“, Feb. 27-28, 2002; “‘Boy faces jail for slapping girl’s bottom’“, Jan. 5-7, 2001; “Annals of zero tolerance” (six-year-old’s “sexual harassment”), May 22, 2000.
“European workplace notes” (UK: harassment of dyslexic), Feb. 25-26, 2002.
“Firehouse blues” (girly mags, Alaska), Feb. 20-21, 2002.
“‘Woman Wins Verdict, but no Money, Against Seagal’“, Jan. 4-6, 2002.
Office dating, “love contracts”: “Love contracts“, Dec. 10, 2001; “Ask the experts (if that’ll help)“, Oct. 19, 2000; “Ministry of love-discouragement“, May 3; “‘Love contracts’ spreading to U.K.“, Dec. 31, 1999-Jan. 2, 2000; “Weekend reading: evergreens” (“love contract” for office romances), Dec. 3-5, 1999.
“Employee’s right to jubilate over Sept. 11 attack“, Oct. 9, 2001.
“‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001.
“‘We often turn irresponsibility into legal actions against others’” (Robyn Blumner on U. of South Fla. art student harassment case), Aug. 13-14, 2001.
“Chandra, Monica, and sex-harass law“, July 27-29, 2001.
“Spoof memo draws EEOC probe“, June 26, 2001.
“‘Hearsay harassment’ not actionable“, June 12, 2001.
“EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001 (& see “Columnist-fest” (Wendy McElroy), June 22-24.
“Mistletoe dangerous even when absent“, April 18, 2001.
“‘2000’s Ten Wackiest Employment Lawsuits’” (too much sex talk in sex shop), April 13-15, 2001.
“Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Supreme Court’s invention of Title IX harassment law), August 21-22, 1999.
Business climate: “Why we lose workplace privacy“, Aug. 9, 2001; “Ask the experts (if that’ll help)“, Oct. 19, 2000; “The scarlet %+#?*^)&!” (companies cut clients loose for profane language), March 7, 2000; “‘Personally agree with’ harassment policy — or you’re out the door“, Sept. 22, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999.
Hate speech, hate crime laws: see free speech and media law page.
“Columnist-fest” (Sarah McCarthy on Paula Jones case), Nov. 14, 2000.
“Don’t meet with her alone“, Nov. 1, 2000.
“Ask the experts (if that’ll help)“, Oct. 19, 2000.
“White House pastry chef harassment suit“, Sept. 18, 2000.
“Harassment law roundup” (Confederate flags on employee cars, Jeffrey Rosen book, Avis v. Aguilar, do-as-we-say case), Sept. 11, 2000.
“Embarrassing Lawsuit Hall of Fame” (Mass. agency finds flatulence not harassing), Aug. 14, 2000.
“From the U.K.: watch your language” (college, job bureau restrict use of “lady”, “hardworking”), June 13, 2000.
“Victim of the century?” (principal collects disability benefits for sexual compulsion), June 2-4, 2000; “Doctor sues insurer, claims sex addiction“, Oct. 13, 1999.
“What the French think of American harassment law“, May 25, 2000.
“The four rules of sexual harassment controversies” (Claudia Kennedy case; female-on-male touching case; spanking initiation), May 15, 2000.
“Comment of the day“, May 5-7, 2000; “Recommended reading” (Roland White in London Times on chill to office banter), Jan. 25, 2000.
“Harassment-law roundup” (bathroom graffiti; Boston bar owner’s insensitive decorations; pin-ups and porn in police station), May 4, 2000.
“Book feature: ‘The Kinder, Gentler Military’“, April 3, 2000.
“The shame of the ACLU” (Aguilar v. Avis: ACLU intervenes on anti- free-speech side), Sept. 7, 1999; “Speech police go after opinion articles, editorial cartoons“, August 28-29, 1999.
“Harassment-law roundup” (Internet startups vulnerable), May 4, 2000; “Dot-coms as perfect defendants“, Jan. 17; “Harassment-law roundup” (Juno case), Feb. 19-21, 2000.
“Oops! Didn’t mean nothing by that, ma’am” (“Hello, good looking” directed at harassment trainer), Dec. 21, 1999.
“Suppression of conversation vs. improvement of conversation“, Nov. 12, 1999 (excerpts from Joan Kennedy Taylor book); “Risks of harm“, Nov. 13-14, 1999; “Harassment-law roundup” (Taylor book discussed), Feb. 19-21, 2000.
“Courts actually begin to define ‘harassment’; activists in shock“, August 6, 1999.
“Please — there are terminals present” (South Park on sexual harassment), July 30, 1999. ——————————————————————————–
Articles by Overlawyered.com editor Walter Olson:
“Title IX’s Invisible Ink” (Supreme Court invents right to sue schools over student-on-student harassment), Reason, August/September 1999.
“A Legacy of Dirty Laundry” (brief contribution to symposium on harassment law), The Women’s Quarterly, Winter 1999.
“Have the Harassment Rules Changed?“, Wall Street Journal, April 6, 1998 (judge’s dismissal of Paula Jones lawsuit).
“Punch the Clock, Sue the Boss“, New York Times, March 20, 1998.
“Shut Up, They Explained” (“zero-tolerance”), Reason, June 1997.
“The Long Arm of Harassment Law“, New York Times, July 7, 1996.
?When Sensitivity Training Is the Law? (Connecticut law requires training of managers), Wall Street Journal, January 20, 1993.
In addition, The Excuse Factory (1997) includes two chapters on harassment law, namely chapter 4 (“Fear of Flirting”) and chapter 14 (“Workplace Cleansing”). Neither is online.
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