- Illinois now requires showing of ID, signing of log to buy drain cleaner. So long as you’re not trying to vote! [Consumerist via @amyalkon]
- Tribute to no-longer-anonymous Ken White of Popehat and his work defending bloggers from legal threats [Scott Greenfield; earlier; Ken’s defense in Maryland of blogger Aaron Worthing; new case of science blogger in Texas]
- Politicos mobilize against risk that Wal-Mart will bring fresh produce choices to Harlem [Greg Beato] India frets about whether to allow chain stores, recapitulating a debate U.S. once went through [Tabarrok, MR]
- Colorado legislators honored at a luncheon where I spoke [CCJL]
- HHS launches initiative to audit health providers for compliance with HIPAA data privacy law, and many are unprepared [American Medical News, Dana Thrasher, Dom Nicastro/HealthLeaders Media]
- New scholarship on effects of Twombly/Iqbal [Drug and Device Law series first, second, third, CL&P]
- Congratulations to the outstanding Abnormal Use for winning the ABA’s “Blawg 100” vote for best torts blog; we feel pretty good about placing third without mounting a campaign. While exploring that site, don’t miss its stellar coverage of the tendentious documentary “Hot Coffee”.
Archive for 2012
Joyce copyright expires
Will I raise a glass to toast the Irish author’s long-awaited return to the public domain? Yes I said yes I will yes [Gordon Bowker, Independent, earlier here, here, and here]
But note: The jubilation is over the entry of the author’s work into the public domain in the European Union; in the United States most of the author’s writings remain tied up for a long time to come. Details here (thanks commenter JWB).
“The saddest trademark case of 2011”
Eric Goldman is not a fan of the parties’ handling of Fancaster v. Comcast, Inc., in which two companies are battling over noncompeting uses of a business name that neither has been able to turn into much of a success. That hasn’t kept them from shoveling a lot of money at lawyers over three and a half years.
Steals gun, hurts himself with it
But the estate of a Massachusetts man killed in an apparent accident when the gun went off was not allowed to sue the owner and gun manufacturer. [Volokh]
Diploma requirements may violate ADA: EEOC
Requiring a high school diploma of applicants for a given job may improperly screen out those with learning disability, according to the federal agency. I’ve got more at Cato at Liberty. Update: more from EEOC; Hans Bader, CEI.
Defense: Judge’s “Mr. Guilty” slip-up was prejudicial
The defense says a new trial is warranted by an Ontario judge’s advice to jurors that the presumption of innocence “is only defeated if, and when, Crown counsel has satisfied you beyond a reasonable doubt that Mr. Guilty – I’m sorry, that Mr. Wilson – is guilty of the crime charged.” [Globe and Mail]
A roadblock to e-readers in schools?
Assisted by a foundation, Baltimore has proposed putting Nook e-reader devices in some school libraries, but a complaint from the National Federation of the Blind says that would violate Title II of the Americans with Disabilities Act (ADA). [Business Wire]
Gulf spill claimants who didn’t hire lawyers will have to pay them anyway
“Oil giant BP’s $20bn (£13bn) fund to compensate those hit by the Gulf of Mexico spill has been frozen, following a court order that all claimants must share the cost of the legal team leading the action over the disaster – whether or not they pursued their claim through the courts.” [Telegraph]
“If Senator Santorum is a ‘strong supporter of the 10th amendment’…”
“… he might want to read it.” [Jonathan Adler, Volokh Conspiracy]
January 6 roundup
- Senate takes a bathroom break for five minutes, and Obama uses recess appointments to install unconfirmable nominees. Legal? [Roger Pilon via National Right To Work, Richard Epstein, Mark Calabria, Adler link roundup]. What the New York Times thought back then about recess appointments; what it thinks now.
- Pepsi defense: our bottling would have dissolved that dead mouse into something jelly-like [Althouse, MC Record via AW]
- Federal panel proposes slashing definitional thresholds so as to enable diagnosing of hundreds of thousands of new child lead poisoning cases [AP]
- “Appeals Court Rules Husband Can Be Charged Criminally For Reading Wife’s Email” [Doug Mataconis, Outside the Beltway]
- Its original goals accomplished, Voting Rights Act “preclearance” lurches on. SCOTUS should review [Cato amicus brief by Ilya Shapiro and Anna Mackin, further]
- “‘Karma’ Facebook post leads to criminal charges” [Fox Tampa via Balko]
- As senator, Santorum sought extensive new federal powers to regulate pet dealing, scaring many animal rescue groups [NCRAOA, PDF]