Expensive corn

A federal energy mandate takes its toll on bystanders:

Now that the United States is using 40 percent of its crop to make biofuel, it is not surprising that tortilla prices have doubled in Guatemala, which imports nearly half of its corn.

In a country where most families must spend about two thirds of their income on food, ‘the average Guatemalan is now hungrier because of biofuel development.’ … Roughly 50 percent of the nation’s children are chronically malnourished, the fourth-highest rate in the world, according to the United Nations.

[New York Times via Bader]

ADA: Sixth Circuit rules for deaf lifeguard

Yes, deaf lifeguard. The Sixth Circuit has ruled in favor of a would-be deaf lifeguard, saying not enough of an individualized inquiry was made into accommodating his possible placement in the life-saving position. Among the arguments the court found persuasive was that drowning persons typically do not call loudly for help, which of course leaves open the possibility that the calls for help might be coming from other persons. Some deaf persons have worked successfully as lifeguards, including Leroy Colombo, a championship swimmer who did rescues at Galveston, Tex. beaches. In the Sixth Circuit case, Oakland County, Mich., had cited safety concerns in not posting the applicant to a public wave pool. [Disability Law]

ASPCA reactions

The head of the ASPCA writes to the New York Post about my op-ed piece. To recap the particular assertion to which he’s responding, if you want to support local shelter and rescue work, you’re much better off giving locally than you are writing a check to this national group and hoping a little trickles down through grants, special projects and the like.

Another reaction: Andy Vance, Farm Progress.

R.I.P. Jeffrey O’Connell

The “father of no-fault,” who died on Sunday at age 84, was an eminent torts professor at the University of Virginia, a public-spirited advocate of reform over many decades, and a renowned teacher. A valued friend and mentor, he was one of the most personally gracious and generous academics I’ve ever known. The New York Times has a good obituary. Just last year New Hampshire enacted an “early offers” statute encouraging prompt settlement of medical malpractice disputes partly inspired by Prof. O’Connell’s work. More: University of Virginia, Christopher Robinette/TortsProf.

Law schools roundup

  • In Washington next week? Be sure to register for Brian Tamanaha’s speech at Cato Jan. 16 on his book Failing Law Schools (more). I’ll be moderating and Paul Campos and Neal McCluskey will comment. Or watch live;
  • Lawsuit claims man was defamed by portrayal in law review article [Caron]
  • “How law schools evade market competition” [George Leef, Minding the Campus; Lawrence Velvel, Minding the Campus] Paul Campos, “The Crisis of the American Law School” [SSRN, U. Mich. JLR, PDF] “Law Dean Takes to the NYT Op-Ed Page to Blame Media for Declining Law School Applications” [Above the Law]
  • Terms used to describe NYU School of Law in a Washington Examiner column [Althouse]
  • St. Louis U.: “Trial Lawyer Does Double Duty as SLU Law Dean While Winning $25M in Settlements” [ABA Journal]
  • Law reviews criticized, defended [Inside Higher Ed: John Browning, Brian Farkas]
  • Law schools’ faculty “poaching” ban would attract antitrust notice were ordinary businesses to try it [Thom Lambert]

Police taping, with a HIPAA twist

When Andrew Henderson videotaped police frisking a man about to be transported by ambulance in suburban Minneapolis-St. Paul, an officer confiscated his handheld videocamera, allegedly for evidence: “If I end up on YouTube, I’m gonna be upset.” Later, when Henderson sought to get his camera back, the sheriff’s office refused and instead charged him with misdemeanors. Among the notes on the citation: “Data privacy HIPAA violation.” A Stanford law professor says it would be nonsense to regard HIPAA, the federal health privacy law, as constraining the activity of bystanders like Henderson who are not legally defined as health providers. [St. Paul Pioneer Press]

“Michigan Justice Announces Retirement After Accusation of ‘Blatant and Brazen’ Misconduct”

“Michigan Supreme Court Justice Diane Hathaway filed retirement papers last month, but she didn’t announce her plans until Monday when the state Judicial Tenure Commission accused her of ‘blatant and brazen’ misconduct.” Hathaway had allegedly hidden assets from creditors during a real estate short sale and responded untruthfully during a judicial disciplinary investigation of the matter. [Debra Cassens Weiss/ABA Journal, Volokh]

It is worth noting that Justice Hathaway won an upset victory over an admirable incumbent, Chief Justice Cliff Taylor, following 2008’s most unfair attack ad, in which Democrats broadcast a photo of Taylor with his eyes closed on the bench — the sort of picture that, given human physiology and the right kind of camera work, could be obtained of any jurist — and accused him of sleeping. Taylor told the Detroit News that the piece “wasn’t true, but it was a very compelling piece of political theater”. I noted the story four years ago. In hindsight, we can see that the attack ad not only took down an outstanding judge, but elevated a challenger who proved little credit to the bench.