Welcome news, if true: key members of Congress are said to be backing away from the rogue-sites legislation as currently written and in particular are willing to drop the hotly contested provisions on domain name blocking. [Timothy Lee, Sandoval/McCullagh, CNET, Mike Masnick/TechDirt] And suddenly the Obama administration is sounding skeptical notes too [Lee] As recently as last week the copyright enforcement bills were reported to be on a toboggan to quick passage [Industry Standard, earlier] More: Masnick.
Ben Stein vs. Kyocera
Maybe his old Milberg pals will rep him? A public personality’s curious lawsuit after missing out on a spokesperson job [Felix Salmon, earlier]
“Battered bank syndrome”
Bank of America keeps funding its racial-demagogy tormentors. [Investors Business Daily]
“80 Great Twitter Feeds for Law Students”
OnlineCollege.org has compiled this list which prominently includes @overlawyered. Why not join more than 3,500 other Twitter users and follow us today? For even more engagement, follow my personal account @walterolson where you’ll find both law and non-law content, including an advance peek at many stories and links destined to make their way to this site.
Constitutionality of class actions
Northwestern U. lawprof Martin Redish, a well respected academic, has marshaled a careful argument that important elements of the modern American class action lawsuit are unconstitutional. So why, Mark Herrmann wants to know, have defense lawyers not yet taken the opportunity to bring Redish’s theories to judges’ attention in an actual case?
Labor and employment law roundup
- NLRB rules employment contracts that specify arbitration for group grievances violate federal labor law even in nonunion workplaces [D. R. Horton, Inc. and Michael Cuda; Ross Runkel, Corporate Counsel]
- Richard Epstein on “living wage” legislation [Defining Ideas]
- In Greece, law providing early retirement for “hazardous” jobs was extended to some that are not so hazardous, like hairdressing, pastry making and radio announcing [Mark Steyn via Instapundit, IBTimes, Reuters]
- “Prosecutor’s double-dippers draw millions from New Jersey pension funds” [Mark Lagerkvist, DC Examiner] Even if convicted on felony charges of misappropriation of public funds, Beverly Hills school superintendent unlikely to forfeit pension [LA Times]
- “Against Forced Unionization of Independent Workers” [Ilya Shapiro on Cato amicus brief in Harris v. Quinn]
- Whoops: UAW officials appeal extortion sentence, 6th Circuit sends it back as too lenient [AutoBlog via Kaus]
- New York appeals court makes it harder to get weak NYC job-bias cases dismissed on summary judgment [Judy Greenwald, Business Insurance] Connecticut’s job-bias commission doesn’t seem to consider any cases frivolous any more [Daniel Schwartz]
At “Minding the Campus” on Iowa case
New Liberty Fund law site — and an interview
The great people at Liberty Fund have just launched a new website called Library of Law and Liberty that promises to be of much interest. Among its debut features: a substantial audio interview in which Richard Reinsch, editor of the site, asks me about my book Schools for Misrule and law schools’ role in reform movements since the Progressive Era. Outstanding legal scholars Michael Greve (AEI) and Mike Rappoport (University of San Diego) will be blogging for the site. Other front-page attractions include Michael Greve discussing his new book The Upside Down Constitution, my Cato colleague John Samples reviewing Eric Posner and Adrian Vermeule’s new book on executive power, Ilya Somin on federalism and individual freedom, and Philip Hamburger and commenters on judicial review.
You can listen to my audio interview on Schools for Misrule at this link.
Law schools roundup
- New York Times sets off furor with article on role of ABA accreditation in driving up law school costs, a theme explored by several recent authors including me in Schools for Misrule [David Segal/NYT, Somin, Bader/Examiner, Above the Law, Gideon Kanner, Matt Leichter/AmLaw, Macchiarola/Minding the Campus, Brian Tamanaha (on ABA dispute with fledgling Duncan Law School)] ABA president claims high tuitions unrelated to accreditation rules [Reuters]
- Related: “Data Show Feds Will Lend $54.3 Billion to U.S. Law Schools by 2020” [Matt Leichter, AmLaw]
- The politics of the AALS, which just held its annual meeting in Washington [Bainbridge repost]
- Former North Dakota attorney general files spate of age bias suits after many schools turn him down for law professor position [TaxProf, earlier]
- “Some Words of Advice for Law Students, from 1811” [Kyle Graham (Santa Clara), guestblogging at Concurring Opinions last month; among topics of Graham’s other posts were the famous tort case of Summers v. Tice and suspect kinds of law review articles]
- Prof. Lawrence Connell’s fight with Widener U. and its offended dean in “wild hypotheticals” case [Hans Bader/Minding The Campus, earlier here, here, etc.]
Religious liberty wins 9-0 at SCOTUS in “ministerial exception” case
And I do a little happy dance at Cato at Liberty (earlier)(& Damon Root/Reason, Allahpundit; my background piece in October).
More: Hans Bader points out, regarding the Obama DoJ’s “let them rely on free association” argument, that “free-association defenses, unlike religious-freedom defenses, are generally losers, as the Supreme Court’s Hishon, Jaycees, and New York State Club Association decisions illustrate.” And: “The extreme position taken by the Obama Justice Department in the Hosanna-Tabor case is a reflection of ideologically-based hiring.”