January 23 roundup

  • Trial lawyers look for Democrats to punish. [Point of Law; Investors’ Business Daily]
  • Point of Law Vioxx trial updates: California, New Jersey, and Pennsylvania.
  • Men seeking laws freeing them from child support when DNA proves they’re not the father. Earlier: May 10 and Feb. 3, 2004. [Time]
  • Latest creative defense to a murder charge: Asperger’s syndrome. [Boston Globe]
  • A complicated medmal case is trumped by the sympathy factor [Cortlandt Forum via Kevin MD]
  • Cost of EMTALA (Sep. 2, 2005) in LA County alone: $1.6 billion. LA Times doesn’t mention the law by name or consider the obvious conclusion. [LA Times]
  • Why the painfully obvious explanations on painfully obvious objects? [comments at Obscure Store; New York Sun; new Mike Judge movie Idiocracy]
  • Lessig: stop me before I regulate again! [Hit & Run]
  • Right-wingers take on Dinesh D’Souza [roundup of links at Postrel]
  • The meaningless and counterproductive Democratic House bill on student loans. [Novak @ WaPo]
  • Do big law firms really care about attrition? One theory. [Ivey Files]
  • My girlfriend thinks I spend too much time arguing with idiots. Relatedly, Eugene Volokh responds to Anisa Abd el Fattah about the First Amendment and Jews. [Volokh]

“Candid Camera”

Apparently the long-running show was sued very little, if at all, by victims of its hidden-camera stunts. Was that because, as host Allen Funt maintained, the show’s spirit was genial rather than sadistic, in contrast to more recent shows? Or because its liability releases (presumably proffered to the victims after the embarrassing stunt had been sprung) were more likely to be upheld? Or just because people then weren’t as primed to sue? (Ann Althouse, Jan. 20).

January 22 roundup

January 21 roundup

Extra time on exams, cont’d

The “secret world of the ADA”: professors grading exams aren’t supposed to know whether a given test-taker got extra time as an accommodation, but there are often ways you can tell, says San Diego lawprof Gail Heriot, especially when the essay comes in twice as long as other students’. Still, when she tries to find out what percentage of her class is getting extra time — not asking for names, just a rough figure on what share — she’s told it’s “none of your business”. (The Right Coast, Jan. 10). More: Jun. 2 and Dec. 8, 2006, among many others.

January 20 roundup

  • Med mal: does sorry work? [Point of Law]
  • Med mal: Nelu Radonescu v. Naum Ciomu. I think the damages were too low, since the act was intentional. But it’s in Romania. [Metro UK]
  • New San Francisco sick leave law helps workers at big chains (if only in the short term) and lawyers, hurts everyone else. [Point of Law]
  • Vioxx medical monitoring class action to proceed. [Point of Law; Drug and Device Law Blog]
  • And the next Vioxx trial in New Jersey, starting Monday. [Point of Law]
  • Adware displays porn on teacher’s computer, she faces 40 years. [roundup of links at Boing Boing]
  • Fraud in Ohio asbestos case plus slap on wrist for lawyer; no consequences for plaintiff. [Point of Law; Adler @ Volokh]
  • Always open mail from California. [Cal Biz Lit]

  • $100 million legal bill defending oneself against Spitzerism. [WSJ Law Blog]
  • “It would probably be better for the nation if more of the gifted went into the sciences and fewer into the law.” [Murray @ OpinionJournal]
  • Borat accepting Golden Globe: “And thank you to every American who has not sued me so far.” [Above the Law; Throwing Things]
  • OJ’s book contract. [Slate]

  • Contra Doonesbury, Bush administration not hiding age of Grand Canyon [The Daily Gut via Captain Spaulding; Adler @ Volokh]
  • Stephen Colbert “eviscerates” Dinesh D’Souza. [Comedy Central via Evanier]

January 19 roundup

  • New legislation aimed at regulating “grassroots lobbying”: will it hit political bloggers? (Answer: apparently not.) [McCullagh, Hardy, Sullum, Bainbridge, Reynolds]

  • Upper East Side merchant sues vagrants whose cardboard-box loitering ruins his location [NYSun, NYTimes]

  • “People probably aren’t thinking about potential legal liability when they’re having casual sex,” says lawprof about new Calif. trend of spousal VD suits [KEYE-TV via KevinMD]

  • “Devious, dissembling, dodgy. And that’s just the police”. Theodore Dalrymple on UK criminal justice [Times Online]

  • Daniel Boulud of restaurant fame, targeted by lawsuit campaign, says he won’t pay to make worker advocates go away [NYTimes]

  • Erin Brockovich on the warpath against recycling facility in Apple Valley, Calif. [Fumento/TCS]

  • As a lawyer, Pres. John Adams represented Redcoats after Boston Massacre; what would he say about Guantanamo flap? [NYSun editorial]

  • Nearly all radiologists frustrated with practice, liability is top reason [LocumTenens.com]

  • Duke profs who egged on lynch mob in bogus rape case stand on melting ice floe of credibility [Reynolds, Althouse, Podhoretz, Bainbridge here and here, Allen]

  • Ringling Bros. trainee says clown college was harder to get into than law school [Five years ago on Overlawyered]