New questions about the work in a shaken-baby-conviction case of Steven Hayne, the controversial state medical examiner whose work has been much defended by Mississippi Attorney General and perennial Overlawyered favorite Jim Hood. [Radley Balko, Washington Post; earlier on Hayne and on shaken baby cases]
FEC hands out approvals on political books
Among its other duties, the Federal Election Commission hands out — under conditions that may involve some discretion — hall passes giving permission for political candidates to publish books without legal hassle. [Providence Journal editorial] Last fall, in a (highly recommended) Yale Law Journal piece, Stanford law professor and former appeals judge Michael McConnell proposed that the Supreme Court’s much-demonized Citizens United decision would have rested on firmer ground had the Court characterized it as a free press rather than a free speech ruling; the case arose from a complaint against the makers of a documentary critical of Hillary Clinton.
NLRB claims franchisors are joint employers
In this Cato podcast (7:01), I talk with Caleb Brown about the National Labor Relations Board’s groundbreaking attempt last week to tag McDonald’s with liability for labor violations found at its independently owned local operators. (Reportage: Steven Greenhouse, NYT; Jon Hyman; Diana Furchtgott-Roth/RCP) It’s a drastic departure from current law that would carry implications for outsourcing more generally: a food company that contracts with independent farmers to grow a particular crop, for example, might wind up being liable for the farmers’ treatment of farm workers, a company that outsources its cafeteria, vehicle maintenance, or janitorial services to outside vendors might become legally responsible for ensuring the labor-law compliance of those contractors, and so forth.
The McDonald’s case is the first of what is expected to be multiple cases filed by the NLRB’s general counsel (akin to a prosecutor), and the full Board has not ruled on the resulting complaints, although given the union-friendly role of the Obama NLRB that is likely to be little more than a formality. The initiative will inevitably land in the courts, which have not always been friendly toward Obama regulatory adventurism, and perhaps eventually the Supreme Court.
One consequence, successful or otherwise, if this ploy works: by treating legally distinct entities that contract with each other as if they were parts of a single vertically integrated enterprise, progressive labor law thinkers will create an incentive for giantism to become more real, by giving fast-food franchisers, for example, legal reason to move toward company-owned rather than independently-owned store arrangements. Not for the first time, the law would mow down the ranks of mid-sized businesses in favor of large or nothing. Commentary from others: Megan McArdle; Stephen Bainbridge; Catherine Fisk, On Labor (supporting the idea); Steve Caldeira, The Hill; Alex Bolt. And a relevant House hearing.
Philadelphia narcotics squad, cont’d
Another scandal from its seemingly bottomless depths [CNN, earlier here, etc.] “Are Narcotics Corrupting the Police Force?” [Joel Mathis, Philadelphia magazine] And the police union wants an investigation of investigative reporters Barbara Laker and Wendy Ruderman, whose exposure of misconduct by narcotics squad members won a Pulitzer prize, on the grounds that some anonymous source has allegedly charged that they might have made payments to sources [NewsWorks]
Drug testing for California doctors?
“Because it poll-tested well for trial lawyers trying to pass a ballot initiative” may or may not count as a persuasive reason. Perennial media source Arthur Caplan, who hardly ever is found on the libertarian side of an issue, likes the idea [New York Times] Related: “Money pouring into California’s Prop 46 fight” [Legal NewsLine]
Copyright in a monkey selfie
No, the monkey doesn’t own copyright in the picture it reportedly snapped of itself. But does anyone own it, or is it public domain from the time of the click? [David Post/Volokh, The Passive Voice with comments, GigaOm, BuzzFeed]
“Hong Kong Court Says Tycoon Can Sue Google Over Autocomplete”
“A court has ruled that a Hong Kong tycoon can sue Google over its autocomplete results suggesting he has links to organized crime.” [AP/Mashable]
Fake online personas troll for law firm clients
It did come across as curious when the Facebook acquaintance only seemed to be interested in side effects of medications and whether I had suffered death or injury in an accident. What kind of icebreaker is that? Daniel Fisher at Forbes investigates and finds traces of marketing efforts on behalf of the firm of Parker Waichman. Under New York rules for lawyers, law firm advertising is supposed to be clearly marked as such, nor are its contents supposed to be false or misleading.
P.S. From commenter wfjag: “She wanted to know if I’d died or was suffering a lingering fatal condition. Especial interest in effects on The Brain. No pictures of faces and no information on family lives. I thought I’d finally found Zombie Dating.”
Labor and employment roundup
- “The tie that binds public employee unions and Wall Street” [Daniel DiSalvo] “Unions Manipulate New York City’s Public Pension Funds To Punish Their Enemies” [NYT via Jim Epstein, Reason]
- Illinois latest state to pass “ban the box” law restricting employers’ inquiries on criminal records [Workplace Prof]
- Two ex-football pros file suit claiming union conspired with owners on concussions [Bloomberg]
- Average Illinois public retiree’s pension rapidly narrowing gap with average salary of worker still on job [Jake Griffin Daily Herald via Reboot Illinois] By 2006, 1,600 California prison guards were making $110K+, plus more on tendency of state/local government pay to outrun private [Lee Ohanian via Tyler Cowen]
- Great moments in employment law: Seventh Circuit says other employees’ having sex on complainant’s desk not hostile work environment when not targeted at gender [Eric B. Meyer]
- Next step signaled in SEIU fast food protest campaign: unlawful property occupations [AP, Chicago Tribune, arrests in May]
- Trial lawyer win: Obama federal-contractor fiat will forbid pre-dispute agreements to submit bias claims to binding arbitration [AP, AAJ jubilates]
Judge: Chesley on hook for damages to fen-phen clients
Former mass tort star Stanley Chesley “escaped criminal sanctions and so far has paid nothing for taking $7.55 million more than he was owed in Kentucky’s scandalous fen-phen case. But a Boone Circuit Court judge ruled this week that Chesley is liable for the uncollected portion of a $42 million judgment that former clients won in the diet drug case against three Lexington lawyers who defrauded them.” [Louisville Courier-Journal] Chesley “was disbarred in Kentucky but allowed to retire in Ohio.” [ABA Journal]