Popehat (which you are reading for Ken’s “Anatomy of a Scam Investigation,” right?) accords the reviewer-disclosure regulations less than the expected degree of seriousness.
Liability for negligent expert witnesses?
The recent British decision of Jones v. Kaney points in that direction, and one expert in Canada says, “Bring it on” (via Erik Magraken):
I like Britain’s approach because everyone, including expert witnesses, should be responsible for their actions. … I make an error or I provide care that’s below standard, I should be held responsible and I am. I don’t see why that responsibility should disappear because I’m now acting as an expert on the witness stand in court.
September 19 roundup
- Educator: please don’t bring lawyers to parent-teacher meetings [Ron Clark, CNN] Steve Brill: what I found when I investigated NYC teacher “rubber rooms” [Reuters] “The Six Dumbest Things Schools Are Doing in the Name of Safety” [Cracked] School waterfall liability [Lincoln, Neb. Journal-Star]
- As predicted: “Dodd-Frank Paperwork a Bonanza for Consultants and Lawyers” [NYT]
- “Running out of common drugs” [Josh Bloom, NY Post] Pharmaceutical shortages: the role of Medicare price controls [Richard Epstein, Hoover; earlier here, here, etc.]
- DoT insists on exposing private flight plans online. Yoo-hoo, privacy advocates? [Steve Chapman]
- New class action law in Mexico includes loser-pays provision [WSJ]
- Newt Gingrich candidacy revives memories of his 1995 call for death penalty (with “mass executions”) for drug smuggling [NYT archive via Josh Barro; see also @timothy_watson “Sounds kinda like Shariah Law to me.”)
- “Cy pres slush fund in Georgia under ethics investigation” [PoL]
Lawyers can’t safety-proof national parks
Timothy Egan, New York Times, on lawsuits over rogue mountain goats and other hazards of wild places:
My experience, purely anecdotal, is that the more rangers try to bring the nanny state to public lands, the more careless, and dependent, people become. There will always be steep cliffs, deep water, and ornery and unpredictable animals in that messy part of the national habitat not crossed by climate-controlled malls and processed-food emporiums. If people expect a grizzly bear to be benign, or think a glacier is just another variant of a theme park slide, it’s not the fault of the government when something goes fatally wrong.
More: Steve Chapman (most dangerous animal in the parks is the one “wearing your pants”); David Boaz.
Catering hall “could not have foreseen a surprise ninja attack”
A Long Island judge has ruled for the defense in a negligent-security case filed by a patron who was slashed by a surprise assailant dressed as a ninja. [Newsday]
Mandatory disclosure by labor “persuaders”
New Department of Labor regulations will require, on pain of serious criminal penalties, regular disclosures by lawyers, consultants, advisers, website developers, P.R. firms, pollsters and many others whose activities might persuade employees not to sign union cards. (Current regulations require disclosures only regarding consultants who actually meet with employees, as opposed to generating information that might reach them.) The result will be to give the Jimmy Hoffas of the world a road map to put legal pressure on (maybe even “take out“) a wide range of consultants and back-office employees in areas like safety, productivity management and general HR (say, employee-handbook writing), many of whose activities have predictable impact on bargainable issues and worker inclination to unionize. [Labor Union Report](& Legal Ethics Forum)
High school booster clubs
The vise of Title IX regulation keeps tightening.
September 16 roundup
- House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
- Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
- “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O’Brien, Legal NewsLine]
- Lawsuit settlement and the lizard brain [Popehat]
- “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
- Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
- Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]
“Scientists on trial: At fault?”
“In 2009, an earthquake devastated the Italian city of L’Aquila and killed more than 300 people. Now, scientists are on trial for manslaughter.” [Stephen S. Hall, Nature via Arts & Letters Daily]
Judge rules videogame maker has 1st Amendment right to depict college football players
A federal judge “found that EA’s right to use the likeness of [former Rutgers quarterback Ryan] Hart was protected under the First Amendment of the Constitution and this right ‘outweighs’ Hart’s right to control the use of his name and likeness.” [GamePro]