- Called on his “jail ’em” rants, RFK Jr. tries to walk things back. Not gonna work [Andrew Stuttaford, Steven Hayward, earlier]
- If you think plastic bags have a high energy cost, one of Andrew Sullivan’s readers has news for you [The Dish; related, Julian Morris/Albuquerque Journal]
- There she is! The one who favorited that tweet! Bring her to justice! [@gabrielmalor via @andrewmgrossman]
- Some online commenters insist there must be a link between Ebola and GMOs, and in a sense they’re right: GM techniques likely to prove vital in developing therapies against the disease [Abbie Smith]
- Ann Althouse annotates a long New York Times Magazine article promoting the Louisiana coastal-erosion lawsuit [earlier]
- Who’s more credible on Chevron/Ecuador, Steven Donziger or his many critics? [Joseph Nocera, New York Times] Appeals court opens doors to more revelations in case [Paul Barrett, Business Week] More: Oh, and about Mia Farrow… [Phelim McAleer, New York Post]
- “Newfoundland judge dismisses moose vehicle collision class action lawsuit” [Canadian Press, earlier]
Archive for October, 2014
Statutes of limitation and the pancake box
The R.T. Davis Milling Co.’s Aunt Jemima brand of self-rising pancake mix was a big hit at the Chicago World’s Fair in 1893, thanks in part to the efforts of Nancy Green, the first of a series of women hired (after auditions) to promote the established brand, which had been named after a vaudeville tune of the day. (It is now owned by Pepsico’s Quaker Oats subsidiary.) Green’s popularity in the role won her a lifetime contract with the company which ended with her death in 1923, but now, reports the Louisville Courier-Journal]:
a lawsuit claims that Green’s heirs as well as the descendants of other black women who appeared as Aunt Jemima deserve $2 billion and a share of future revenue from sales of the popular brand.
If courts are to take statutes of limitation seriously, it is hard to see why such a suit does not deserve sanctions. If on the other hand courts are to begin ignoring statutes of limitation, Quaker might want to check into the packaging on its round box of breakfast oats, lest the heirs of William Penn (1644-1718) get any ideas. (& Debbi Baker, San Diego Union-Tribune; Amy Alkon, Advice Goddess)
Discouraging scientific retractions
Nature magazine: one reason our retractions of flawed papers are slow and ambiguous is that we’re afraid authors will sue us [Retraction Watch]
“The CDC Doesn’t Have A Funding Problem.”
“It Has A Mission Creep Problem,” argues David Harsanyi, noting that large chunks of the Centers for Disease Control’s budget and attention now go “to temporary health scares and trendy crusades that often go well beyond any mission it should be pursuing.” Glenn Reynolds has more at USA Today on how the agency has far more on its plate than communicable disease these days, “having involved itself in everything from playground safety to smoking in subsidized housing.” (And binge drinking, and obesity, and suburban zoning, and….)
It seems that as government has gotten bigger, and accumulated more and more of its own ancillary responsibilities, it has gotten worse at its primary tasks. It can supervise snacks at elementary schools, but not defend the borders; it can tax people to subsidize others’ health-care plans but not build roads or bridges; and it can go after football team names but can’t seem to deal with the Islamic State terror group.
Earlier on the Centers for Disease Control and on director Thomas Frieden, who of course won fame before his CDC appointment for his activism as NYC Mayor Michael Bloomberg’s health commissioner, crusading against salt, sugar, guns, and so forth. More: Chris Edwards chart at Cato; Nick Gillespie, Reason; Michael Tanner. (& welcome Instapundit/Glenn Reynolds, Craig Newmark/Newmark’s Door readers).
Libertarians, land use and local government
Picking up on some provocative observations by Prof. Kenneth Stahl at Concurring Opinions, I’ve got a new post at Cato arguing that “libertarian analysis better explains what actually goes on in local government than does the standard progressive faith in the competence of government to correct supposed market failure.” Ilya Somin goes on to tackle the same question at Volokh Conspiracy. In a second post, Prof. Stahl explains why he thinks nuisance law, often cited by libertarians as a superior way of handling conflicts between adjoining land uses, doesn’t live up to such hopes in practice. Update: A third post by Stahl.
Schools roundup
- New report: “Schools Cut Back as Litigation Costs Eat into Budgets” [California Citizens Against Lawsuit Abuse, PDF] “Swings too dangerous for Washington schools” [AP; Richland, Wash.]
- “Appeals Court Ruling Paves Way for Gender Quotas in High School Sports” [Saving Sports, Ninth Circuit on Title IX] More: Alison Somin [Ollier v. Sweetwater Union School District]
- “College and university administrators demolishing freedom of religion and association” [Bainbridge]
- “Grenade Launchers: The Newest Must-Have School Supply” [Jason Bedrick/Cato, earlier]
- “It was against the school policy for elementary kids to have Chapstick” [Amy Alkon; Augusta County, Va.] “Mom Tells Therapist About Briefly Leaving Kids Alone, Shrink Calls Cops” [Lenore Skenazy]
- Disability and school discipline: “Wondering why a preschooler would ever need to be suspended? Here’s an explanation.” [Amy Rothschild, Greater Greater Washington]
- Civic education needed: some Greendale, Wisc. parents and educators wonder why non-parents are allowed to vote on school matters [Lenore Skenazy]
New Supreme Court term
Ilya Shapiro, Roger Parloff, Daniel Fisher, and Damon Root preview what’s on the docket.
Words you can’t say on TV: the team-name edition
“The Federal Communications Commission will consider punishing broadcasters for using the Washington Redskins’ [name] on air, FCC chairman Tom Wheeler said during a conference call with reporters, according to Reuters.” [Sports Illustrated] It won’t if it wants its actions to stand up in court, though [Eugene Volokh, and more on the role of frequent Overlawyered mentionee John Banzhaf]
More: Prof. Banzhaf responds in comments.
“Inspired by man who filed more than 120 lawsuits, Indiana Supreme Court sets pro se limits”
The Indiana high court didn’t sanction an Indianapolis man who has sued several judges as well as many commercial defendants “but warned him that he could face fines and criminal charges if he files new lawsuits” and provided guidance aimed at strengthening the hand of judges “confronted with abusive and vexatious litigation practices” [ABA Journal, Indianapolis Star and more]
Police and prosecution roundup
- “Mississippi accused do time for years with no indictment for a crime” [Jerry Mitchell, Clarion-Ledger; Scott Greenfield]
- Petty fines/fees, cont’d: the many ways to rack up municipal court fees in Ferguson and St. Louis County [Julie Lurie and Katie Rose Quandt, Mother Jones; earlier here and here] St. Louis suburbs with now-familiar names agree to traffic-cam settlement [KMOV]
- Judge rules police entitled to SWAT raid of private home over satirical Twitter account “impersonating” Peoria mayor [Guardian, earlier]
- Plea bargaining and excessive prosecutorial power [The Economist via Alexander Cohen, Atlas Society]
- Radley Balko remembers policing expert and former San Jose police chief Joseph McNamara;
- “SEC ‘Gag Orders’: Does Settling in Silence Advance the Public Interest?” [Gary Matsko, WLF, cf. Toyota prosecution deal; related, Greenfield]
- Press 3 to confiscate his gun: New California law lets exes, in-laws, vengeful former roommates, or cops disarm individual without notice or hearing [Jacob Sullum, Sacramento Bee] More: Andrew Sullivan.