An opinion roundtable at the New York Times’ “Room for Debate.”
Related: “How law schools are helping the elite” [Brian Tamanaha, Balkinization] And it rather missed the point for the underlying NYT report to call law schools “singular creature of American capitalism” [Larry Ribstein] Earlier: Theodore Seto via Taxprof, Stephen Bainbridge,
It’s surprising there isn’t more controversy over state AGs’ frequent practice of using moneys from lawsuit settlements for their own favored causes (as opposed to, say, handing it over to the state treasury). Now Arkansas AG Dustin McDaniel is drawing criticism for his funneling of cy pres funds to politically advantageous causes that don’t happen to have been voted appropriations by the state legislature [John Brummett, Arkansas News; Dan Greenberg, The Arkansas Project, and followup]
P.S. Related on cy pres in private class actions: Dan Popeo, WLF (Google Buzz settlement); Michael Tremoglie, LNL; Ted Frank.
“Does the infamous ‘Happy Birthday to You’ copyright hold up to scrutiny?” [Paul Collins, Slate]
People are talking about the Fifth Circuit’s opinion (written by Judge Jerry Smith) in the “disgruntled cheerleader mom” case:
Reduced to its essentials, this is nothing more than a dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad. It is a petty squabble, masquerading as a civil rights matter, that has no place in federal court or any other court. We find no error and affirm.
Because joining your head to Abraham Lincoln’s body is such a great way to keep everything in perspective [Lowering the Bar]
P.S. Runner up? Baltimore’s Barry Glazer [Above the Law]
Colorado really intends to regulate day-care centers to a fare-thee-well [Popehat, KKCO]
P.S. As Hans Bader rightly points out, the requirement that day cares publicly avow enthusiasm about diversity also gets into some troubling First Amendment territory of government-compelled speech.
Edward Glaeser isn’t prejudging the legalities of the NLRB’s complaint, but is put in mind of the “profound role that mobility has played in our country” with both enterprises and person moving restlessly in search of greater productive opportunity. He is left to hope “that the judicial process will affirm the right of companies, and people, to freely choose their locations. The U.S. economy — especially our challenged manufacturing sector — needs more, not less, freedom to adapt and innovate.” [Bloomberg]
My new post at Cato at Liberty, following on a theme pursued by NYT science writer John Tierney, looks at some of the risks of trying to make children’s play too safe. More: UK Telegraph (“Health and safety fears are taking the joy out of playtime.”); Lenore Skenazy, Free-Range Kids.
From Dennis Cauchon’s great USA Today piece on the extreme degree of job security for federal employees, almost none of whom were fired or laid off even in last year’s grim economic conditions:
Only 27 of 35,000 federal attorneys were fired last year. None was laid off. Death claimed 33.
(h/t Andrew Grossman).