Archive for 2011

Trump’s litigiousness, cont’d

It’s practically a meme: last week I pointed out at Cato at Liberty that the real estate tycoon liked to use lawyers to push others around, and now Peter Stone of the Center for Public Integrity quotes me in the course of an article documenting Trump’s very frequent resort to litigation in his business and public affairs.

“If he’s taken seriously as a candidate it’s going to be appropriate to look at his record of litigation,” conservative legal scholar Walter Olson of the Cato Institute told iWatch News . He said a big question will be “how consistent is [Trump’s record] with the Republican idea that litigation should be a last resort and not a weapon for tactical advantage.”

Atlantic Wire and Ben Smith at Politico discuss.

Senate confirms McConnell to federal judgeship

By a mostly partisan vote of 50 to 44, the U.S. Senate confirmed Rhode Island plaintiff’s lawyer and political kingmaker Jack McConnell to a federal district judgeship. McConnell made his Motley Rice law firm, based in South Carolina, into Rhode Island’s biggest political donor during the same period that state officials were hiring him to run, on contingency fee, what it was hoped would be a hugely lucrative suit against former makers of lead paint. The Motley firm, with associated law firms, is credited with having made billions from tobacco and asbestos litigation and has recycled large sums into the campaign coffers of state attorneys general and other friendly politicians. [Daily Caller, Plains Daily (North Dakota contributions), Politico, ShopFloor] Earlier here, here, here, etc.

Schools for Misrule roundup: Chronicle of Higher Ed, NBN podcast

At his Chronicle of Higher Education blog, Peter Wood of the National Association of Scholars takes a look at ideologically adventurous law school clinics and has this to say along the way (another version):

The hard-left politicization of law schools is surely the larger matter. Walter Olson’s new book, Schools for Misrule: Legal Academia and an Overlawyered America, covers the matter so well that I don’t see much to add.

Hudson Institute scholar Tevi Troy interviewed me NBNLogofor the New Books in Public Policy podcast series and you can listen to the results here. Also online now is my appearance on Ronn Owens’ San Francisco-based radio show last month. And this recent Nielsen roundup of Hardcover Law bestsellers had Schools for Misrule at #9, down from #8 the week before.

Annals of New York public employment: Matter of Seiferheld v. Kelly

An opinion from New York’s highest court last month begins as follows:

Petitioner, a New York City police officer, retired in 2004 and was awarded accident disability benefits. In the following years, the police department received information indicating that petitioner was not disabled; that he had made false representations to the Pension Fund; and that he had ingested cocaine, thus becoming ineligible to return to duty. The City, understandably, claims that it should not have to continue paying him a pension.

Under New York law, however, the City is wrong, the court reluctantly concludes. Meanwhile (via Philip Howard’s Common Good) a New York law forbidding the closure of a unionized facility without a year’s notice has meant that a disused juvenile detention center upstate is being kept going with no clients: New York Gov. Andrew Cuomo says “We’re paying 30 staff people to baby-sit an empty building,” and calls it “bizarre.” And another state law requires that school districts field buses with capacity to seat every eligible child every day, which means that in districts like Port Washington, L.I., where many eligible children come to school by other means, buses routinely travel half full, at an unneeded cost the Port Washington superintendent estimates at $2 million a year.