Overlawyered: Chronicling The High Cost Of Our Legal System

“Harvard’s Shareholder Rights Project is Wrong”

According to the Harvard Law School online catalog, the SRP is “a newly established clinical program” that “will provide students with the opportunity to obtain hands-on experience with shareholder rights work by assisting public pension funds in improving governance arrangements at publicly traded firms.”

Marty Lipton and others at Wachtell, Lipton don’t like the idea and criticize it here. More at NYT DealBook (via Bainbridge).

Reader J.B. emails to say:

Whatever one thinks of Wachtell’s substantive critique of the attack on classified/staggered boards, it’s kind of interesting for a law school to be promoting a “clinical program” in which the kids get to work for institutional investors with bajillions of dollars in assets (and, you know, the wherewithal to retain sophisticated counsel at market rates) rather than the sort of boring old indigent individuals that are the traditional law school clinic client base.

A different view: Max Kennerly.

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CPSIA de la Plata? Argentina un-bans book imports

Following a worldwide outcry, Argentina has promised to lift restrictions on the importation of foreign books, which had purportedly been based on fear of dangerous lead content in the ink. According to a report by my Cato colleague Juan Carlos Hidalgo:

“If you put your finger in your mouth after paging through a book, that can be dangerous,” said Juan Carlos Sacco, the vice-president of an industrialist organization that supports the measure.

MercoPress carries reporting in English translation on the original measure and on the promised reversal. Under the rule of President Cristina Fernandez, the Argentine government has taken a number of steps considered hostile to press critics, including controls on the newsprint business, and criminal charges against economists who report that prices are rising faster than the official inflation index.

Where did the Argentine officials get the idea that lead in book inks might be enough of a public health problem to justify drastic government action? Maybe from the U.S. Congress. As I explained in this City Journal piece, the notoriously extreme and poorly drafted 2008 CPSIA law imposed across-the-board requirements for lead testing of older children’s products, with the result that, according to guidance from the U.S. Consumer Product Safety Commission, it was considered doubtfully lawful to sell or distribute most pre-1985 books for children. That set of restrictions was eventually relaxed, following a massive outcry from dealers, publishers, libraries and lovers of children’s books.

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“Why Did Legal Elites Underestimate the Case Against the Mandate?”

Legal academia, and the sector of legal journalism most closely aligned with its views, is too remote from practice, too wrapped in theory and too far left to have a good feel for how the current Supreme Court approaches legal issues. Thus argues Jonathan Adler, who notes that “In some corners, it’s more important to reconcile one’s claims with the writings of John Rawls than the opinions of John Roberts.” More: Mike Rappaport (noting that the right too has been influenced by legal academia’s “preference for broad overarching theories,” as on originalism), Peter Suderman, David Bernstein.

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“Judge Slaps Motley Rice With Fees Over ‘Frivolous’ Lawsuit”

“A federal judge in Indiana ordered lawyers including the prominent firm of Motley Rice to pay ITT Educational Services almost $400,000 in legal fees for pursuing a ‘frivolous’ lawsuit the judge said was ‘based on a completely false story.'” In line with the reluctance of American judges to award Rule 11 sanctions, the judge awarded only a small fraction of the defendant’s actual outlay in attorney’s fees, which ran into many millions. Motley Rice is a chief beneficiary of the ongoing income stream of the tobacco litigation fees, which return $500 million a year to an assortment of plaintiff’s firms. [Dan Fisher, Forbes]

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Free speech roundup

  • Keeping prosecutors busy? Georgia lawmaker files bill that would make Internet defamation a crime [Fulton County Daily Report]
  • Sarkozy calls for law banning visits to pro-terror websites [Ken Paulson, First Amendment Center]
  • “Ron Paul Campaign Drops Effort To Identify Anonymous Videographer” [Paul Alan Levy]
  • Playboy caused how many divorces? Junk science in the service of big-government conservatism [Andrew Stuttaford, NRO] How Santorum’s plans to get porn off internet go beyond GWB’s [Josh Barro] Contra Santorum, “arrival of Internet was associated with reduction in rape incidence” [Steve Chapman]
  • “Brian Deer and the British Medical Journal File An Anti-SLAPP Motion Against Andrew Wakefield” [Popehat]
  • Iowa passes law penalizing animal rightsers who spy on farms [Reuters, earlier] Illinois turns thumbs down on “ag-gag” proposal [Steve Chapman]
  • “What’s happened to free speech in Britain?” [Alex Massie, John O’Sullivan/NRO, earlier here and others]

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The Gashlycrumb tort actions

For the intersection of tort buffs and Edward Gorey fans — I can’t be the only such one — don’t miss this from Kyle Graham at his excellent new blog Non Curat Lex:

…C is for Carter who slipped on some ice

D is for Dillon who might have died twice

E is for Escola nicked by some pop

F is for Fletcher whose mine needed a mop…

Original reference here.

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