“The paper [published this week by the American Psychological Association] is a critique of a rating scale that is widely used in criminal courts to determine whether a person is a psychopath and likely to commit acts of violence. It was accepted for publication in a psychological journal in 2007, but the inventor of the rating scale saw a draft and threatened a lawsuit if it was published, setting in motion a stultifying series of reviews, revisions and legal correspondence.” [Benedict Carey, New York Times]
Archive for June, 2010
“The BP oil spill legal primer”
Roger Parloff at Fortune answers some frequently asked questions. Last week he wrote about the supposed, but largely irrelevant, $75 million “cap,” in actuality, according to one expert, a provision of a law “designed to expand liability.” Earlier here.
P.S. From the WSJ (paywall):
Under all but the most dire situations, BP should have little trouble servicing its debts. The biggest risk to the company is a government-driven collapse, but experts doubt the U.S. government can carry out its harshest threats, such as forcing BP to pay the salaries of workers laid off because of the federal moratorium on deepwater drilling. “I cannot imagine that the U.S. government has anything close to the authority to do that” says Jim Langdon, executive partner at the law firm of Akin Gump Strauss Hauer & Feld.
Warning: “This Machine Has No Brain”
“…Use Your Own” [Maggie Koerth-Baker, BoingBoing, seen on a hardwood floor sander, with picture]
“It Wasn’t Me, Officer! It Was My GPS”
When drivers say faulty driving instructions caused their accident, should someone else have to pay? [Tom Vanderbilt, Slate] Earlier on the Google Maps pedestrian suit here.
June 11 roundup
- Automakers fight Bruce Braley/trial lawyer effort on Capitol Hill to overturn NHTSA preemption [Dow Jones, WSJ Law Blog, David Freddoso/Examiner, Carter Wood and more at PoL]
- Twombly/Iqbal can curb sue-’em-all, sort-’em-out-later charges of civil conspiracy [Sachse/Drug & Device Law, earlier]
- Claim: Obama, Kagan, Sotomayor typify “postradical” law school generation [David Fontana, Chronicle of Higher Ed via Wasserman/Prawfs (counter: “there are a lot of us liberal doctrinalists out here …And students are learning that vision in law school”), Althouse (“Spare me! There are plenty of strongly liberal and lefty lawprofs and if you want theoretical ambition you can find it.”)]
- FTC report contemplates much wider federal intervention in media business [Jarvis/BuzzMachine, Tapscott/Examiner, Coyote, Steele/LEF, Stoll/Future of Capitalism, LA Times, ShopFloor, Jarvis/NY Post, Pethokoukis/Reuters, Suderman/Reason] Is scary McChesneyite “Free Press” making headway in administration? [Riggs, Daily Caller]
- “Law and Society Boycott Resolution Gets Arizona Immigration Law Wrong” [Chin, Prawfs]
- “Appeal of Crunch Berries Case Dismissed” [Lowering the Bar, earlier]
- “Senior U.N. official” demanding end to U.S. use of drones against Al Qaeda in Afghanistan also happens to be NYU lawprof [NY Times, 16th/last paragraph of story]
- Unintended consequences: 1932 cut in judges’ pensions changed Supreme Court history [Magliocca, ConcurOp]
Overblown glass
Rick Woldenberg looks at the risk angles, as well as the politics, of the cadmium-in-Shrek-glasses McDonald’s scare.
Safety officer’s suit over “demonic” ID card yields $1
A Brooklyn school safety officer sued New York City, saying it discriminated against her religious beliefs for her to have to wear a city ID card that she considered possessed and the “sign of the Beast.” A judge ruled in her favor at an earlier stage in the proceedings, but a second judge has now awarded her just $1 damages. [NY Post]
Capsized by CPSIA
Dallas entrepreneur Phebe Phillips tells in this speech (PDF) why she had to get out of her successful plush animal business:
Then in 2008 and 2009 the U.S. economy tanked … retail dwindled and a new toy regulation was enacted in response to the poor quality and mass quantity oversights by some really big toy companies.
This new law raises the testing price for each product and in some cases, doubles or triples the costs. For some small companies, it can cost one year of total revenue just to meet the requirements of this law. The law is for any product marketed to a child age twelve and under and for any product made anywhere…even here. It has frozen many small and midsize companies leaving the companies that caused the problems in the first place as some of the only companies that can afford to stay in business. Financially, it caused me to temporarily halt my business…I changed!
Via Amend the CPSIA, which had this report on Phillips in December; earlier on CPSIA and stuffed animals here and here.
Consumer Product Safety Commission member Anne Northup has also been blogging about some of the law’s ongoing damaging effects on sellers of dolls, kids’ furniture and apparel imports.
PUBLIC DOMAIN IMAGE from Honor C. Appleton, The Bad Mrs. Ginger (Frederick A. Stokes Co., 1902), courtesy ChildrensLibrary.org.
“Any idea that’s 100 years old will probably offend someone or other”
I have a bit more to say about the “warning label on the U.S. Constitution” story in Diane Macedo’s FoxNews.com report today, which is getting a lot of readership. Original posts here and here (& welcome KTRH, Lars Larson listeners). Update: statement from Wilder Publications courtesy Distaff View of the World.
Speaking of warnings, Bob Dorigo Jones has picked the finalists for his 13th annual Wacky Warning Labels Contest (on a go-cart: “This product moves when used”) and I’ve got a post on that at Cato at Liberty.
June 10 roundup
- Compensation awards to soldiers in the UK: £161,000 for losing leg and arm, but £186,896 for sex harassment? [Telegraph]
- Judge in banana pesticide fraud case says threats have been made against her and against witnesses [AP, L.A. Times]
- Teacher plans to sue religious school that fired her for having premarital sex [Orlando Sentinel]
- Now sprung from hoosegow, class-actioneer Lerach on progressive lecture circuit and “living in luxury” [Stoll, Carter Wood at PoL and ShopFloor (Campaign for America’s Future conference), San Diego Reader via Pero]
- Connecticut law banning “racial ridicule” has palpable constitutional problems, you’d think, but has resulted in many prosecutions and some convictions [Volokh, Gideon]
- Gone with the readers: newsmagazines, metro newspapers facing fewer libel suits [NY Observer] More: Lyrissa Lidsky, Prawfs.
- Having Connecticut press comfortably in his pocket helped Blumenthal turn the tables against NY Times [Stein/HuffPo] Must not extend to the New Britain Herald News, though;
- Interview with editor Brian Anderson of City Journal [Friedersdorf, Atlantic] I well remember being there as part of the first issue twenty years ago.