“The long-awaited decision from Montgomery County Child Protective Services has arrived at the home of Danielle and Alex Meitiv, and it finds them ‘responsible’ for ‘unsubstantiated child neglect’ for letting their kids walk outside, unsupervised. If that decision makes no sense to you, either — how can parents be responsible for something that is unsubstantiated? — welcome to the place where common sense crashes into bureaucratic craziness.” [Lenore Skenazy, Free-Range Kids] The “finding of unsubstantiated child neglect means CPS will keep a file on the family for at least five years and leaves open the question of what would happen if the Meitiv children get reported again for walking without adult supervision.” [Donna St. George, Washington Post] Earlier here and here. (cross-posted at Free State Notes).
A sidewalk triangle in Greenwich Village
“Property of the Hess Estate Which Has Never Been Dedicated For Public Purposes.” That’s the message on a tiled mosaic triangle inset in a sidewalk at Seventh Avenue and Christopher Street in Manhattan’s West Village. It hearkens back to a 1920s-1930s dispute over eminent domain, and stands as the enduring monument to a property owner who wouldn’t give in [Dan Lewis, Now I Know, who adds a note on the historic Kelo v. New London dispute]
Can’t convict? Chip away defendants’ rights
“[Attorney General Eric] Holder told POLITICO that between now and his departure… he will call for a lower standard of proof for civil rights crimes.” The Department has now confirmed that it will bring no federal civil rights charges against George Zimmerman in the Florida shooting of Trayvon Martin, and it is anticipated on many sides that it will eventually decline to bring such charges in the shooting of Michael Brown by Ferguson, Mo. police [Mike Allen, Politico]
Blog slowdown (updated)
[Originally posted Feb. 25 and carried forward to Mar. 3] I’m slowing down the pace at Overlawyered while I attend to some personal matters. (Update: I’m recovering from surgery, which went well.) Comments moderation should now be back close to normal, but posting itself will remain at a lower volume through maybe the middle of March, depending on circumstances, as I rest and recuperate.
“Report Urges Britain To Take Small-Claims Cases Online”
“The proposal takes eBay’s dispute resolution system as a kind of inspiration.” Would the idea work here? [NPR]
Pharmaceutical roundup
- War on painkillers finds new casualty in ailing veterans [Washington Post, Brian Doherty]
- “Woman says ‘Fifty Shades of Grey’ lube doesn’t deliver, should be registered with FDA” [Legal NewsLine]
- “Robert F. Kennedy Jr.’s Twisted Anti-Vaxx History” [Russell Saunders, Daily Beast back in July]
- Using antitrust law, New York seeks to force maker to go on producing older formulation of drug [Ilya Shapiro on Cato brief in Second Circuit] Courts have mostly rejected claims of a duty to supply grounded in obligation to patients [James Beck, Drug & Device Law]
- “Patients see [biotech] startups and hope for a cure. Too many lawyers see them and hope for a payday.” [Standish M. Fleming, WSJ]
- Argument that policymakers undervalue pharmaceutical aids to heroin rehabilitation [Jason Cherkis]
- After suing the obvious defendants in New England Compounding Pharmacy contamination case, lawyers started in on the less obvious [Drug and Device Law, background on regulation-spurred rise of compounding pharmacies]
Federal Dietary Guidelines Advisory Committee updates guidelines
571 pages of urgings from the federal Dietary Guidelines Advisory Committee, so much to disagree with [Elizabeth Harrington, Washington Free Beacon (obesity “interventionists” at workplaces, initiatives to limit advertising and time spent looking at screens); Glenn Lammi; Julie Gunlock; Paul C. (“Chip”) Knappenberger, Cato (environmental impacts of food production)]
More: “Strategies are needed to encourage the U.S. population to drink water when they are thirsty.” [from the report, quoted approvingly (naturally) by NYT’s Mark Bittman, via James Taranto] And Baylen Linnekin: “Consumers can also have their say through April 8. Open your mouth before the DGAC shuts it for you.”
DOJ closes FCPA investigation of drugmaker without filing charges
And it only took 11 years [WSJ] Related: never mind what DOJ’s criminal fraud chief wrote, says Attorney General nominee Loretta Lynch, we’ll tighten screws further on FCPA [David Baumann]
February 27 roundup
- Yes: “Should the Legal Drinking Age Be Lowered?” [New York Times “Room for Debate”]
- “New police radars can ‘see’ inside homes” [Gannett]
- “‘Shopping cart’ patent beaten by Newegg comes back to court, loses again” [Joe Mullin, ArsTechnica]
- “Utah woman can sue herself over fatal car accident, ruling says” [Salt Lake Tribune, Lowering the Bar]
- “Large Product Liability Awards Made Comeback in 2014” [Margaret Cronin Fisk, Bloomberg]
- New York assembly ex-speaker Silver indicted; charges reduced from five to three [Reuters]
- “Your fruit may be patented.” [Dan Lewis, Now I Know]