ABA Journal: “Who Isn’t a Lawyer on Obama’s Transition Team?”
Exact-number demands in lawsuits
Reasons why a shrewd plaintiff might decide to demand $485,000 rather than $500,000 (Ron Miller, Maryland Injury Law, Oct. 22).
Religious discrimination claims on the rise
The biggest growth area has been in EEOC claims on behalf of Muslim employees over alleged discrimination or lack of accommodation to religious practice, but Catholics and Protestants are filing more claims too. (Ohio Employment Law, Oct. 6).
Asphyxiating Detroit, the UAW way
Under a regulation known as the “two-fleet rule”, automakers must meet CAFE (Corporate Average Fuel Economy) standards separately for their domestically produced and for their imported vehicles, rather than just hitting the same overall number through an average of both. The economics of production and transport tend to favor the domestic production of large cars and the importation of small economy cars. “For 30 years, to make and sell the large vehicles that earn their profits, the Detroit Three have been effectively required to build small cars in high-wage, UAW factories, though it means losing money on every car,” writes the WSJ’s Holman Jenkins, Jr. It’s “nonsensical” and “a naked handout to the UAW at the expense of the companies and their customers.” (“Yes, Detroit Can Be Fixed”, Nov. 5).
P.S. Of course the actual legislative responses we’re in for will probably be very different. Mickey Kaus: “So the UAW wants a $25 billion bailout and an end to the secret ballot … Because Wagner Act unionism clearly worked out so well for Detroit.”
Get juror prospects talking
After all, that’s the way to disqualify them: “If he speaks long enough, he might say something that lets you strike him for cause, too.” (Trial Theater, Oct. 24).
Microblog 2008-11-06
- Expects to have to fight Obama on policy, wept anyway when he came to podium for victory speech [Jonathan Blanks] #
- Every self-respecting insider-trading ring should include an exotic dancer and a Croatian underwear seamstress [Bainbridge] #
- New panel discussion: why are schools so bureaucratized and what can we do about it? [NewTalk] # @sekimori “Bureaucracy is to protect the system from litigation.” Not cynical to think this is one big part of the problem. #
- @bschuelke: “Why is it so difficult to get clients’ medical records? Should be easy but is often the hardest part of the case.” #
- Primer on role of Delaware in corporate law [NY Times] #
- Ways to find good, underrated people [Ben Casnocha h/t Tyler Cowen] #
- Cluelessness alert: U.K. cabinet minister criticizes blogs for not “allowing new voices” [Massie] #
- Dems swept races for judge in Houston — unless their names were too unusual [Houston Chronicle] #
“‘Bong Hits 4 Jesus’ student nets $45,000”
“The Juneau-Douglas (Alaska) School District and former student Joseph Frederick have reached a settlement in the ‘Bong Hits 4 Jesus’ case …. The school district will pay Frederick $45,000, [and] it is ‘required to hire a neutral constitutional law expert to chair a forum on student speech’ at its high school at a cost of up to $5,000.” (DRJ @ Patterico, Nov. 6; earlier).
P.S. And, yes, to clarify in response to commenter Melvin, the student lost his high-profile case last year before the U.S. Supreme Court. Imagine what the school would have had to pay if he’d won.
Don’t you mention that tax
The state of Kentucky enacted a new sales tax on the services of telecommunications companies. It also forbade the companies from breaking the tax out as a line item on customer’s bills — that might get people mad at the legislators, after all. The Sixth Circuit, Sutton, J., ruled that under the intermediate level of First Amendment scrutiny applied to limitations on commercial speech, the “no-stating-the-tax” provision was unconstitutional. (BellSouth v. Farris, Sept. 9).
The costs of universal jurisdiction
“International human rights law” — what could sound more cuddly and humanitarian? Who could disapprove of such a thing? That’s one reason it’s so popular at almost every law school nowadays following years of generous support by the Ford Foundation, Soros, and other donors. In practice, as is now clear, it often tends to furnish a set of handy weapons for carrying on “lawfare” — warfare by means of courtroom action against one’s adversaries, particularly in the courts of third countries. (Anne Herzberg, “Lawfare against Israel”, WSJ, Nov. 5). For the closely related issue of laws empowering private attorneys and litigants to pursue foreign entities over alleged terrorist support whether or not such actions advance U.S. diplomatic goals, see Sept. 12, 2007.
“You’ve got yourself an unconfirmable nominee”
The buzz about a possible seat in the Cabinet for hothead scion and anti-vaccine crank Robert F. Kennedy, Jr. continues with a second article in Politico, this time shifting the speculation to the Environmental Protection Agency and citing “Democratic officials” who claim Obama is “strongly considering” RFK, Jr. for that post (Mike Allen, “Obama considers stars for Cabinet”, Nov. 5; earlier). Tim Noah at Slate shouts a timely “don’t”:
Environmental Protection Agency or Interior Department. Do not hire Robert Kennedy Jr. He’s too partisan and kind of a nut when it comes to policy. Check out this dangerously alarmist 2005 Rolling Stone piece about the purported link between autism and childhood vaccines. (To learn why Kennedy’s piece was alarmist, see “Sticking Up for Thimerosal” by Arthur Allen in Slate, August 2005.) Throw in Kennedy’s 1983 heroin bust, and you’ve got yourself an unconfirmable nominee.
(“The Uncabinet”, Nov. 5). Jonathan Adler @ Volokh, frequent vaccine-blogger Orac/Respectful Insolence, Jason Zengerle at the New Republic, and Hans Bader @ CEI are all on the case as well. Even David Roberts at GristMill is very far from enthusiastic, to say the least. I said exactly what I thought of Kennedy’s book Crimes Against Nature in a New York Post review, and our tagged posts here provide a lot of background on the celebrity environmentalist.
More: Orac returns with a lengthy, devastating and link-rich second post; Mike Dunford/Questionable Authority (“The politicization of science is bad no matter who does it. It wasn’t just bad when the Republicans were involved. It will be just as bad if it’s a Democrat doing it.”); Eric Berlin (“hope it’s someone’s idea of a bad joke”). And Michael Moynihan, Reason “Hit and Run” (“nutty” pro-Hugo-Chavez rants).