Urgent alert from the Consumer Product Safety Commission: fail to clean a kid’s bouncy seat and it can get, ew, gross [Free-Range Kids]
Archive for 2013
City of Boston vs. fun
A certain disapproving attitude toward nightlife is not exactly new among Beantown authorities, but discouraging the playing of darts, solitaire and board games in taverns does sound like something of a novelty [Boston Herald]
Supreme Court roundup
- Court hears oral argument in Standard Fire Insurance Co. v. Knowles, the CAFA evasion case [transcript in PDF, Civil Procedure & Federal Courts Blog rounding up links, Federalist Society podcast with Brian Fitzpatrick, earlier here, here]
- Shelby County case invites SCOTUS to revisit Voting Rights Act [Ilya Shapiro, Cato; Eric Posner and Nicholas Stephanopoulos, Slate] But does Jeffrey Toobin understand the VRA? [Derek Muller, Prawfs]
- Speaking of that New Yorker writer, Toobin’s account of the Heller Second Amendment case is definitely not one for the history books [Tim Lynch, Cato]
- On gay marriage cases, jurisdiction/standing issues could leave Court fractured like Turkish taffy [Art Leonard] Best result for gays, argues Jonathan Rauch, might be narrow or mixed decision [TNR] Beyond the Court, idea of local option could offer national GOP a graceful retreat from its current untenable position [Carolyn Lochhead, San Francisco Chronicle quotes me arguing to that effect]
- SCOTUS asked to consider tribalism-trumps-adoption Indian Child Welfare Act of 1978 [NYT]
- Despite amicus urgings from various good guys, Supreme Court declines to review Hettinga, the economic liberty case with the blazing Janice Rogers Brown/David Sentelle concurrence [Ilya Shapiro/Cato, Damon Root, Tim Sandefur/PLF, earlier here and here]
- Is the Sixth Circuit replacing the Ninth as perennial SCOTUS reversee? [Adler]
Mayor Bloomberg vs. painkillers
“So we now have a politician directly dictating medical policy to doctors at city hospitals.” [Radley Balko]
P.S. In the mayor’s view, just as you can’t make an omelet without breaking eggs, so you can’t fight painkiller abuse without overriding doctors’ judgment: “so you didn’t get enough painkillers and you did have to suffer a little bit…. there’s nothing perfect.” [Colin Campbell, Politicker]
“Plaintiffs lawyers in Skinnygirl margarita case have no class”
If you’re going to arrange a would-be class action on behalf of buyers dreadfully shocked that a ready-to-drink cocktail marketed as all-natural in fact included trace quantities of sodium benzoate, be sure your client does not lack “typicality.” [Alison Frankel, Reuters] Sodium benzoate is the sodium salt of benzoic acid, a spoilage retardant which occurs naturally in cranberries, plums, apples and other foodstuffs, but is typically synthesized for food use.
“What the Aaron Swartz case says about our justice system”
Programmer Aaron Swartz, a founder of RSS syndication and Reddit, committed a series of trespasses and hacks at MIT so as to download millions of papers from the JSTOR academic database, possibly with the plan of making them freely available through file sharing. When caught he returned the files and JSTOR did not recommend prosecution. In September Timothy Lee wrote in Ars Technica that while there was no excuse for Swartz’s actions, it was also mystifying that federal prosecutors were going to such lengths to stack up felony counts and legal theories under the CFAA (Computer Fraud and Abuse Act) that could send the popular techie to prison for life. Now Swartz, who is known to have been afflicted by depression, is dead, a suicide at age 26. [Jonathan Blanks, Lawrence Lessig, Glenn Greenwald, Patterico interview with Swartz lawyer Elliot Peters, Scott Greenfield, Orin Kerr (disputing premise that prosecutors overcharged), Timothy Lee/WaPo]
Banking and finance roundup
- But not before extracting $8.5 B: “Finding Little Evidence Of Foreclosure Fraud, Feds Give Up” [Daniel Fisher, Forbes; Kevin Funnell] Can Baltimore distinguish vindication from extortion? [Funnell]
- Dear grandstanders in Congress and press: by law AIG’s board had to consider request to join bailout suit [Bainbridge, John Carney]
- “Plaintiff Lawyers in Citigroup Case Seek Big Markup For Outside Attorneys” [Daniel Fisher, more, ABA Journal]
- “Everyone knows” CRA (Community Reinvestment Act) lending was too small in volume to be a major factor in bubble. Is everyone right? [NBER paper, SSRN via Cowen, Tuccille]
- Beware the CFPB’s Civil Investigative Demand (CID) power [Funnell, more]
- “Investor class action system needs review – judge” [Nate Raymond, Reuters]
- “Are the New Wave Say-on-Pay Lawsuits ‘Gaining Steam’?” [Kevin LaCroix]
“Teacher claims discrimination over her fear of kids”
“A longtime French and Spanish high school teacher is suing the Mariemont school district, alleging it discriminated against her because she has a disability – she has a phobia of young children.” [Cincinnati Enquirer] More: Eric Owens, Daily Caller.
Expensive corn
A federal energy mandate takes its toll on bystanders:
Now that the United States is using 40 percent of its crop to make biofuel, it is not surprising that tortilla prices have doubled in Guatemala, which imports nearly half of its corn.
In a country where most families must spend about two thirds of their income on food, ‘the average Guatemalan is now hungrier because of biofuel development.’ … Roughly 50 percent of the nation’s children are chronically malnourished, the fourth-highest rate in the world, according to the United Nations.
[New York Times via Bader]
ADA: Sixth Circuit rules for deaf lifeguard
Yes, deaf lifeguard. The Sixth Circuit has ruled in favor of a would-be deaf lifeguard, saying not enough of an individualized inquiry was made into accommodating his possible placement in the life-saving position. Among the arguments the court found persuasive was that drowning persons typically do not call loudly for help, which of course leaves open the possibility that the calls for help might be coming from other persons. Some deaf persons have worked successfully as lifeguards, including Leroy Colombo, a championship swimmer who did rescues at Galveston, Tex. beaches. In the Sixth Circuit case, Oakland County, Mich., had cited safety concerns in not posting the applicant to a public wave pool. [Disability Law]