- Court agrees to hear case that could be vehicle for reconsidering “fraud on the market” theory embraced in Basic Inc. v. Levinson, 1988, which would spell huge news for securities class actions [Daniel Fisher, Class Defense Blog, Halliburton v. Erica P. John Fund at SCOTUSBlog; noteworthy amicus brief (PDF) from former SEC commissioners and officials and law professors]
- Elane Photography files certiorari petition [PDF] seeking review of ruling compelling owner to shoot same-sex partnership celebration [Adam Liptak, NYT, citing Cato brief in New Mexico case below, more on which here]
- Court hears oral argument on Hood v. AU Optronics: is state attorney general’s parens patriae antitrust suit removable to federal court under CAFA? [Ronald Mann/SCOTUSBlog, Class Defense Blog]
- “Party autonomy reigns supreme: arbitration and class actions in the Supreme Court’s 2012 term” [Mark Morril, WLF]
- More views on Bond v. U.S., the treaty case [Nick Dranias, Oona Hathaway, Spiro et al/Opinio Juris, Will Baude, earlier]
- Housing disparate impact: “St. Paul landlords’ suit may move forward, after New Jersey case settled” [St. Paul Pioneer-Press, Josh Blackman and more, earlier]
- Hee hee: SCOTUSBlog is for sale, and Kyle Graham is handicapping the possible purchasers [Non Curat Lex]
- There’s no constitutional authority for federal hate crime law [Ilya Shapiro, Cato]
“Whistleblowers coming from compliance departments”
Much more rewarding to act as a government informant than to help the employer address the problem: “Allegations of wrongdoing within a company often surface in the compliance department, which often is involved in internal investigations and receives employee complaints. Like other employees, compliance staff can under various statutes submit information on potential wrongdoing for whistleblower awards or claim retaliation for raising concerns about alleged wrongdoing.” [WSJ via CompliancEX]
“The agency has filed more lawsuits against lawyers…”
“…than [against] almost any other group.” Can you guess which new federal agency is being referred to? [National Law Journal]
Toward the domestic frontier
Berkeley, Calif. councilman Jesse Arreguin proposes banning smoking in private single family homes when children, seniors or lodgers are present [San Francisco Chronicle]
More: I’m quoted by Chronicle columnist Debra Saunders:
In deference to the secondhand smoke rationale, Arreguin suggests that the ban apply if a minor lives in the home, “a nonsmoking elder, 62 years of age or older is present” or any other “non-smoking lodger is present.”
Walter Olson of the libertarian Cato Institute compares the Berkeley nanny ordinance to secondhand smoke itself: “They are seeping under our doors now to get into places where they’re not wanted.”
He faults “ever more ambitious smoking bans” that rework the definition of private space. “Now they’re really just saying it doesn’t matter if you have the consent of everyone in the room.” Olson savored Arreguin’s suggestion that 63-year-olds cannot consent to being near a smoker.
Law schools roundup
- “California AG files claim against school that hired its own students to boost employment numbers” — not a story about a law school, but it might have been [John Steele]
- Hardly anyone took the constitutional challenge to ObamaCare seriously, at least it seems not at Yale [David Bernstein, Volokh; and speaking of law school ideology my book Schools for Misrule makes a great holiday gift]
- Clinical legal education: “shift from service clinics to impact clinics is partly driven by clinicians’ search for status within the academy” [Margaret Drew and Andrew Morriss, SSRN]
- Shorten law school to two years? [NYT “DealBook” on Obama comments, Jim Dedman, Abnormal Use] “UVM, Vermont Law School consider joint degree” [Burlington Free Press]
- As “Old Media” shrinks, shouldn’t the number of law reviews do so too? [Gerard Magliocca]
- Lighter regulation of UK law schools, and more pathways to practice? [John Flood]
- Cleveland State law profs say “Satanic” $666 pay hike was retaliation for union activities [TaxProf]
“What Is Michael Jackson’s Name Worth?”
“Estate Says $2,105, IRS Says $434,000,000.” [TaxProf]
Sweden: hotel made of ice ordered to install smoke alarms
Following the rules wherever they lead? The newly installed alarms did promptly catch a guest smoking in a cleaning closet. [Independent]
Wisconsin: special prosecutor raids Walker supporters
A secret special prosecutor wielding “kitchen-sink” subpoenas takes aim at persons and groups who supported Wisconsin Gov. Scott Walker in his recent showdown with public employee unions. “The probe began in the office of Milwaukee County Assistant District Attorney Bruce Landgraf, though no one will publicly claim credit for appointing Mr. Schmitz, the special prosecutor. The investigation is taking place under Wisconsin’s John Doe law, which bars a subpoena’s targets from disclosing its contents to anyone but his attorneys. … [Wisconsin Club for Growth director Eric O’Keefe] adds that at least three of the targets had their homes raided at dawn, with law-enforcement officers turning over belongings to seize computers and files.” [WSJ “Review and Outlook”]
Maryland roundup
- Even if some of its speedcams were illegal, Montgomery County says it doesn’t plan to issue refunds “because drivers admit guilt when they mail in their signed tickets and pay the fines” [WUSA, auto-plays video]
- Per state’s highest court, “repose statute does not bar the plaintiffs’ wrongful death action because it refers to suits for ‘injury,’ as opposed to ‘death.'” [Alex Stein, Bill of Health] Introduce comparative negligence while also reforming old doctrines like joint/several liability? [Don Gifford and Christopher Robinette via TortsProf]
- Double-blind photo lineups: “Baltimore Police Take Steps to Avoid Wrongful Convictions” [John Ross, Reason]
- State shuts down day care center. An overreaction? [Free-Range Kids]
- Reporter Audrey Hudson worries investigative sources were compromised after her notes were seized in armed Coast Guard raid on husband [Maryland Morning]
- Baltimore detective convicted of shooting himself to get workers’ comp benefits [WBAL]
- Santoni’s grocery, southeast Baltimore institution since 1930s, cites city’s beverage bottle tax as reason for closure [Baltimore Sun, auto-plays video]
- New Maryland laws effective last month include some dubious ideas passed unanimously [Maryland Legislative Watch]
Another Michigan structuring case
Headline, from WWJ: “Sterling Heights Gas Station Owner Says IRS Grabbed $70K From His Bank Account For No Reason” Mark Zaniewski, “owner of Metro Marathon in [suburban Macomb County], said the IRS emptied out his bank account twice over the course of a week this spring.” No charges have been filed; Larry Salzman of the Institute for Justice, representing Zaniewski, says the accounts were seized on suspicion of bank “structuring” (knowingly arranging deposits to fall below $10,000), even though some deposits were over that threshold. Salzman says his client has been waiting seven months for his cash and in the mean time is unable to get a hearing before a judge. IJ recently took on a structuring case involving a grocer in nearby Fraser, Mich. Earlier on structuring and its intersection with forfeiture law here, here, here, etc.
Update via Dan Alban on Twitter: “BREAKING: IRS voluntarily dismisses Michigan forfeiture cases, will return seized money to owners of family grocery store and gas station. Doesn’t get feds out of IJ’s separate constitutional lawsuit re: right to prompt hearing, Dehko v. Holder.”