Arguing for a temporary restraining order in a civil dispute, lawyers for Sony argue that the federal “anti-hacking” law prohibits unauthorized access to one’s own computer. (As commenters point out, the company may also have less controversial arguments based on other areas of law, such as intellectual property and contract.) [Orin Kerr]
Obama administration’s Title IX activism
The quota pressure in sports has been around for a while, but the idea of an enforcement push in hard academic disciplines may be getting extra encouragement from the very top:
Obama himself seems to have latched onto the idea. While praising Title IX’s impact on increasing women’s participation in athletics, he said, “If pursued with the necessary attention and enforcement, Title IX has the potential to make similar, striking advances in the opportunities that girls have in the science, technology, engineering, and mathematics (“STEM”) disciplines.” The nation’s university science, engineering, and mathematics departments may thus soon find themselves faced with the task of complying with a regulatory regime similar to the intercollegiate athletics three part test.
[Alison Somin, Federalist Society “Engage”, PDF]
More: a John Stossel segment, and cutbacks in men’s sports at Delaware.
Appeals court upholds dismissal of CSPI salt case against Denny’s
Amid much hoopla, the Center for Science in the Public Interest had filed a suit on behalf of a New Jersey man claiming Denny’s hadn’t adequately warned its meals were salty. Now an appeals court has upheld the dismissal of the suit’s consumer-fraud theory, meaning that the complainant would be able to proceed only by proving actual personal injury [Abnormal Use, Home News Tribune via NJLRA; earlier here, here, etc.]
What it takes to get disbarred in Vermont
Misleading investigators about the circumstances of your hit-run won’t do it, apparently. The lawyer in question has served as a traffic court judge. [Legal Profession Blog, ABA Journal, Randazza]
Annals of litigation science
“The amount of oil spilled into the Gulf of Mexico from the Deepwater Horizon rig blowout will be determined by protracted court proceedings rather than purely scientific calculations, the nation’s top environmental enforcement officer said Thursday.” [Houston Chronicle]
January 14 roundup
- When naming a new law, please, no acronyms, no victim names, and no assumptions about what it will accomplish [WSJ Law Blog on Brian Christopher Jones’s recommendations] More: Wood.
- America’s Most Irresponsible Public Figure® — that would be RFK Jr. — sounds off on Tucson massacre [Hemingway, Examiner]
- More press attention for CPSC’s dubious consumer complaint database [Washington Post; my take last month]
- An appellate win for Internet anonymity in Pennsylvania [Levy, CL&P]
- Santa Clara lead paint case: Supreme Court won’t review government misuse of contingency lawyers [Wood, ShopFloor]
- DC cops’ “post and forfeit” policy deserves scrutiny [Greenfield]
- “Philosophy Explains How Legal Ethics Turn Lawyers Into Liars” [Kennerly]
- “Marshall, Texas: Patent Central” [six years ago on Overlawyered]
Life after the Florida governorship
Former Florida Governor Charles Crist has signed on with the big Orlando personal injury firm of Morgan & Morgan, “run by one of his longtime political supporters, Democrat John Morgan.” [St. Petersburg Times] More: Timothy Carney, Examiner.
A law school for Alaska?
Don’t Do It Dept.: Alaska is the only remaining state without a law school, so (it’s argued) it must need one. Right? [ABA Journal] Because of the absence of a law school in the Last Frontier, the Alaska Law Review has been published at academic institutions in the Lower 48, first UCLA and more recently Duke.
Canada: Lawsuit blames province for car-moose collisions
A class action named plaintiff revolts
Mutiny of the figurehead? One of the two lead plaintiffs in a computer-printer class action says he wasn’t adequately told what he was agreeing to, and is now objecting to the settlement. Class counsel in the settlement counter that the objector has been influenced by a lawyer pressing a rival class action. [Ted at PoL]