In Elane Photography LLC v. Vanessa Willock, the New Mexico Supreme Court has unanimously ruled that a wedding photographer is obliged under the state’s anti-discrimination law to offer its services to two women seeking to record their commitment ceremony, despite its proprietors’ religious objections to the ceremony. The Court was not persuaded by an amicus brief filed by UCLA lawprof Eugene Volokh on behalf of the Cato Institute arguing that the First Amendment protects persons in expressive occupations such as photography from being obliged to create expressive works they don’t want to create. Commentary: Dale Carpenter, Ken at Popehat, Hans Bader, John Fund, Ilya Shapiro/Cato at Liberty, Stephen Richer.
Archive for 2013
Harsher laws make for harsher bosses
The HR maxim “Hire slow, fire fast” takes deeper root as the law provides more and more handles for the disgruntled employee to litigate. I explain why at Cato at Liberty.
Football concussions
Really, don’t count on helmet designs to change much of anything [Sean Conboy, DeadSpin; Nick Farr, Abnormal Use; earlier]
Environment roundup
- California officials profess surprise: fracking’s been going on for decades in their state [Coyote]
- Taxpayers fund Long Island Soundkeeper enviro group, affiliated with RFK Jr.’s Waterkeeper network, and a Connecticut state lawmaker does rather nicely out of that [Raising Hale]
- Backgrounder on Louisiana coastal erosion suit [New Orleans Times-Picayune] “Lawsuit Blaming Oil Companies For Wetland Loss Might As Well Blame The Plaintiffs” [Daniel Fisher, Forbes]
- US ties for worst of 25 countries when it comes to delay in mining permits [Sharon Koss, NTU] “Number One in DataMining” [@sonodoc99]
- “BP Is Rapidly Becoming One Giant Law Firm” [Paul Barrett, Bloomberg Business Week]
- “Mann v. Steyn — Mann wins round one” [Adler]
- An insider’s view of EPA and how it uses power [Brent Fewell]
U.K.’s not-so-new “war on journalism”
Regarding the right to publish illicitly obtained secrets, the venerable Guardian would come off as a nobler martyr had it not been in the front lines cheering a police-led legal war on British tabloids [Brendan O’Neill, Spiked Online; The Spectator]
Utah Supreme Court: police have duty of care to those they pursue in chases
“In a decision issued [earlier this month], the Supreme Court ruled that police have a ‘duty of care,’ or a responsibility, to the people they chase down. The decision ruled in favor of the family of Wayne Torrie, 16, who died in 2010 when he crashed in Weber County after a high speed police chase. Torrie’s family sued the officer that chased him, as well as the Weber County Sheriff’s Office.” [Salt Lake Tribune]
“Generic cyberlaw article template”
“1) Something bad could happen. 2) I can see it; others can’t. 3) Something must be done! 4) Ignore costs.” [@AdamThierer]
Medical roundup
- No, ma’am, I’m not going to diagnose your kids with PTSD after your low-speed auto accident, but I’m sure some other doc will [White Coat]
- In time to avert catastrophe? “FDA reboot of antibiotic development” [David Shlaes] Role of price controls in shortages of sterile injectables [ACSH]
- Trial lawyers launch campaign to roll back MICRA, law that has limited California med-mal payouts [KPBS, L.A. Times]
- DNA panopticon beckons: “Mississippi law requires cord blood from some teen moms” [Emily Wagster Pettus, AP, earlier]
- Dear N.Y. Times: please make up your mind whether it’s OK to break health privacy laws [SmarterTimes]
- Committee of AMA decides on schedules by which doctors are paid. And you were expecting it to be done how? [Arnold Kling]
- “The more your doctor worries about getting sued, the more you’ll end up spending on medical tests” [MarketWatch on Michelle Mello study in Health Affairs] Oklahoma high court used strained rationale to strike down certificate of merit law [Bill of Health]
Colorado foreclosure uproar could go national
“At the risk of losing their homes if they didn’t, scores of Colorado homeowners struggling to avoid foreclosure in the past year were each forced to pay hundreds of dollars in lawyer charges for phantom court cases against them, a Denver Post investigation has found.” In 126 of the episodes, the paper reports, no foreclosure lawsuit was actually filed. Related reporting on allegations against Colorado foreclosure law firms here, here, etc.
Along with the Colorado attorney general, various other law enforcers both state and federal are scrutinizing the billing practices of creditors’ law firms looking for evidence that they’ve been evading the fee and cost reimbursement limits for foreclosures that Fannie Mae, Freddie Mac and FHA prescribe on loans they own, guarantee or insure. [Paul Jackson, Housing Wire via Funnell]
Here’s why: it turns out that many of the major law firms responsible for managing foreclosures for the GSEs also have a controlling interest in the ancillary service firms that generate the variable fees that appear as “costs” on the lawyer’s bill. Many law firms either outright own, or their partners have a significant interest in, the company that is posting and publishing notices; or they may own or have an interest in the company that manages process of service, as well.
Such arrangements are not illegal, but could land the firms and mortgage servicers in hot water if it develops that they have connived at fee padding by the ancillary firms. (& welcome Above the Law readers). More: Heather Draper, Denver Business Journal (and thanks for quote).
“Why hasn’t Filner resigned?…”
“…Because it’s leverage in negotiating a more favorable sex-harassment settlement.” [Tim Noah] More: Ken at Popehat.