Among the countless activities banned by old British laws are carrying a plank down a busy sidewalk and beating a carpet in the street “unless the item can be classified as a doormat and it is beaten before 8 a.m.” “So voluminous and eccentric is Britain’s collective body of 44,000 pieces of primary legislation that it has a small team of officials whose sole task is to prune it…. Sifting out the obsolete legislation is the work of two lawyers and a researcher at Britain’s Law Commission, which is responsible for reviewing laws and recommending changes. Thanks to them, more than 200 measures are scheduled to be repealed” in 2016. [New York Times]
Archive for 2016
“Former Taco Bell Exec Sues Uber Driver He Attacked For $5 Million”
“The Taco Bell exec who got canned from his job after he was caught on video drunkenly attacking his Uber driver is suing the driver for $5 million. … The suit says that it’s against California state law to record someone without their consent.” A lawyer for Uber driver Edward Caban says plaintiff Benjamin Golden’s lawyer is incorrectly invoking the California law, which he says bans audio but not video recording. [LAist]
N.B. Note reader David C.’s advice in comments that the privacy suit appears to be a counterclaim to an existing lawsuit by the driver, always an important piece of context, and that the in-car tape recorded both audio and video of the incident.
“Yahoo settles e-mail privacy class-action: $4M for lawyers, $0 for users”
“Under the proposal, the massive class of non-Yahoo users won’t get any payment, but the class lawyers at Girard Gibbs and Kaplan Fox intend to ask for up to $4 million in fees. (The ultimate amount of fees will be up to the judge, but Yahoo has agreed not to oppose any fee request up to $4 million.) While users won’t get any payment, Yahoo will change how it handles user e-mails — but it isn’t the change that the plaintiffs attorneys were originally asking for.” [Joe Mullin, ArsTechnica]
January 15 roundup
- Malheur standoff: here come the self-styled “citizens’ grand jury” hobbyists [Oregonian, my two cents on this branch of folk law, earlier]
- Your egg-flipping, coffee-guzzling grandma was right all along about nutrition, federal government now seems gradually to be conceding [Washington Post]
- “Obama’s State of the Union pledge to push for bipartisan redistricting reform was a late add” [L.A. Times, Politico, American Prospect, Todd Eberly on Twitter, some earlier takes here and here]
- More Charlie Hebdo retrospectives after a year [Anthony Fisher, Reason] Another bad year for blasphemers [Sarah McLaughlin, more] The magazine’s false friends [Andrew Stuttaford; hadn’t realized that departing NPR ombudsman Edward Schumacher-Matos, who so curiously compared the magazine’s contents to “hate speech unprotected by the Constitution,” has lately held “the James Madison Visiting Professorship on First Amendment Issues” at the Columbia School of Journalism]
- “The Ten Most Significant Class Action Cases of 2015” [Andrew Trask]
- More from Cato on Obama’s “mishmash” of executive orders on guns [Adam Bates, Tim Lynch, Emily Ekins]
- The “worst and most counter-productive legal complaint that’s been filed in a long, long time” [Barry Rascovar, Maryland Reporter on move by ACLU of Maryland/NAACP Legal Defense Fund to challenge as racially discriminatory the decision to cancel construction of a new Baltimore subway line]
NYC: “Examples of violations….Requiring all men to wear ties in order to dine at a restaurant.”
New York City issues its regulations on how employers, retailers, and other businesses covered by discrimination law must handle gender identity. “The NYCHRL requires [businesses] to use an individual’s preferred [pronoun] …such as they/them/theirs or ze/hir.”
Law school embraces social-justice theme
In 2014 the faculty of the Louis D. Brandeis Law School at the University of Louisville voted to commit the institution to “social justice,” and now plans are afoot to rebrand the public institution as the “nation’s first compassionate law school.” If everyone could settle on the same definitions of social justice and compassion, and maybe also agree that those values should trump others, the schools’ direction might look more neutral and scholarly, and less nakedly political. [Luke Milligan, Louisville Courier-Journal] U of L is hardly the first school to go down this path; as I note in my book Schools for Misrule, a number of law schools including some Top 30 institutions have veered off in the same direction in recent years, even before this year’s campus protests furnished considerable new momentum. But see: a second U of L lawprof dismisses the concerns as overblown, and points out that the school’s adoption of the word came in the context of a city-wide campaign in which various leading Louisville businesses and civic institutions had been prevailed on to declare themselves “compassionate.” [Caron/TaxProf]
P.S. If law schools want to jump into explicitly promoting social justice, John McGinnis has a modest proposal for how they might do that.
Schools roundup
- Libertarians warned about this: New Jersey’s broad “anti-bullying” law used to silence 15 year old student’s political tweets [Robby Soave, Reason]
- “New proposal would put armed, retired cops in New Jersey schools” [NJ.com]
- Chapters ostensibly agreed, though their leeway to refuse not clear: “University of Alabama quietly testing fraternity brothers for drugs” [Al.com]
- About time Congress noticed: Sen. James Lankford asking questions about Department of Education’s Dear Colleague letter [FIRE]
- Schools vigilant against danger of grandparents reading aloud to class without background checks [Lenore Skenazy]
- No helicopters in sight: German preschool/kindergartens send kids as young as three to camp in woods [WSJ]
- Los Angeles and New York City school officials got same anonymous threat, but only L.A. closed schools [Ann Althouse]
Hand extended: pro bono as profit center
“The law firm Goodwin Procter, which laid off nearly 40 lawyers and staff last year, is asking the taxpayers of Worcester and Lowell, Mass., to pay the firm more than $1.75 million in legal fees for ‘pro bono’ work on behalf of aggressive beggars fighting city crackdowns.” [Ira Stoll, Future of Capitalism]
More on aunt v. nephew
Missed this last month: Charlotte Allen dissects how the case of the aunt suing her nephew over a hug gone wrong (covered here, here, and here) played out in the press and public opinion. [Weekly Standard]
State of the Union address live-tweets
I live-tweeted President Obama’s address last night (text) and South Carolina Gov. Nikki Haley’s Republican response (text) and here are some highlights:
Per advance copy of #SOTU speech, Obama's only reference to Supreme Court tonight is passing and diplomatically worded. #CatoSOTU
— Walter Olson (@walterolson) January 13, 2016
Obama speaks of "honest disagreement" about whether economy should be "rigged." Strange way to search for common ground! #CatoSOTU
— Walter Olson (@walterolson) January 13, 2016
Deja vu: Richard Nixon declared federal War on Cancer in 1971. But it's not that simple. NPR looks back: https://t.co/2IwaegiwTH #CatoSOTU
— Walter Olson (@walterolson) January 13, 2016
"Next generation manufacturing hubs"=corporate welfare-place-based-subsidy gobbledygook #CatoSOTU
— Nick Zaiac (@NickZaiac) January 13, 2016
Obama's calm, serious talk on terrorism, American strength, and American leadership I think is the strongest part of his speech. #CatoSOTU
— Walter Olson (@walterolson) January 13, 2016
+1 "We have to end practice of drawing our congr'al districts so politicians can pick their voters, and not the other way around." #CatoSOTU
— Walter Olson (@walterolson) January 13, 2016
POTUS just mentioned drawing congressional districts read @walterolson's article on the topic: https://t.co/9uaudjeIX0 #CatoSOTU
— CatoEvents (@CatoEvents) January 13, 2016
Redistricting reform proposed in 111th Congress. Pelosi killed & Obama never backed. Why? Dems thought they'd control process in 2010.
— Todd Eberly (@ToddEberly) January 13, 2016
Dear GOP: Whoever invited Kim Davis should get one less ticket next time. https://t.co/gjVwYBPtCO #CatoSOTU @RandalJohnMeyer
— Walter Olson (@walterolson) January 13, 2016
Prez's delivery tonight struck me as fairly strong, circa 8 on scale where 10 = "sure to keep even Justice Ginsburg awake" #CatoSOTU #SOTU
— Walter Olson (@walterolson) January 13, 2016
Haley: "We'd respect differences in modern families, but we'd also insist on respect for relig liberty as a cornerstone of our democracy."
— Walter Olson (@walterolson) January 13, 2016
+1 Haley "We'd recognize… separation of powers & honor the Constitution in its entirety,,, [incl'g] the 2nd & 10th Amendments." #CatoSOTU
— Walter Olson (@walterolson) January 13, 2016