Christmas highlights of Overlawyered past

From the archives:

  • Christmas in legalese: “…Hosiery was meticulously suspended from the forward edge of the woodburning caloric apparatus… ” [1999]
  • California lawyer using Prop 65 bounty-hunting statute goes after silver dragées found on some gingerbread houses [2005; more on gingerbread (and chestnut-roasting) hazards, 2002]
  • Yuletide in old England less jolly given health and safety adjustments [2007, 2009]
  • Santa’s extra helper might be a witness in case of litigation, and other items from the legal-Claus file [2005]
  • “Law firm offers divorce vouchers for Christmas” [2009]
  • Unable to cope with CPSIA testing rules, charity will discontinue donating handcrafted wood toys [2010]
  • “Cease this shouting!” cried Grinch, “From all Yule din desist!” But he’d Moved To The Nuisance and so, case dismissed [Art Carden, Forbes on Whoville externalities] [2010]

“Relax, folks, it really is honey after all”

Dan Charles at NPR reports on how parts of the media joined in last month to hype a report by journalist Andrew Schneider in Food Safety News raising alarms about the safety and authenticity of honey. (Similarly: Maggie Koerth-Baker, BoingBoing). “It sounded so right, plenty of people decided that it just had to be true. … But then we decided to look into it a little more closely. We talked to honey companies, academic experts, and one of the world’s top honey laboratories in Germany. The closer we looked, the more misleading the story in Food Safety News seemed.”

My Cato colleague Sallie James was among the few to take a skeptical tone about the Schneider allegations when they first hit the press. And as NPR points out, Food Safety News is part of the sprawling new media empire of Bill Marler, the very media-savvy food poisoning lawyer whose Marler Clark law firm has done much to sway press discussion of many food safety issues. On a different topic, did Marler really say the other day that raw milk farmers should count themselves lucky they’re not put to death?

“SOPA: An Architecture for Censorship”

The proposed law is being promoted as a way of blocking piratical “rogue” sites, but once it’s up and working, and internet providers have begun automatically blocking sites from a list continually updated by the government, it won’t stop with copyright and trademark infringers. Extending the interdiction to other sorts of sites will be a relatively simple and straightforward matter:

With the legal framework in place, expanding it to cover other conduct — obscenity, defamation, “unfair competition,” patent infringement, publication of classified information, advocacy in support of terror groups — would be a matter of adding a few words to those paragraphs.

How long before a sentimental Congress yields to demands to block suicide- or anorexia-promotion sites, or perhaps those accused of glorifying the taking of illegal drugs or profiting from depictions of animal cruelty? [Julian Sanchez, Cato, more; earlier] More: Stephen DeMaura and David Segal, Roll Call (potential use against political candidates), Bill Wilson (ALG), The Hill, Stanford Law Review, “Don’t Break the Internet”.

Schools roundup

  • Students respond to L.A.’s “healthful” school lunch initiative with a loud “yuck” [L.A. Times, Michelle Malkin/NRO]
  • L.I.: School suspends students for “Tebow” kneeling in hallway [Newsday]
  • “Growing number of college students asking for wiggle room with their academic workloads due to mental health issues.” [WSJ]
  • Proposal to address “learning disability” tangle: give all test-takers extra time [Ruth Colker, SSRN, see p. 126] A.D.H.D. diagnosis and the academic struggle for advantage [Melana Zyla Vickers, NYT “Room for Debate”] “Pediatrician Group Seeks to Boost ADHD Diagnoses” [Sullum]
  • Will distance technology defeat the teachers’ union? [Larry Sand, City Journal]
  • Time to repeal Maryland’s awful “maintenance of effort” law on school funding [WaPo, Baltimore Sun] Contra: MSEA, PDF.
  • French-language cops: “Montreal schools move to scan playground chatter” [Ottawa Citizen]

December 20 roundup