Why do CPSIA’s ultra-stringent regulations apply not only to items used by kids small enough to chew on toys or buttons or combs, but also to those intended for much older kids? Because of an “urban myth” developed by consumer groups, Rick Woldenberg explains.
U.K.: “Rooftop ban for criminal”
“A criminal who escapes officers by climbing on the roof of his house has been banned from every rooftop in his borough — in case he falls and sues police.” [Telegraph]
“Oh man, you are so lucky….You are going to make a fortune”
A nasty fall on a train platform puts Larry Mendte face to face with some widely held attitudes that seem to treat litigiousness as a given [Philadelphia Magazine via Common Good].
April 22 roundup
- Liquor commissioner of New Hampshire nabbed on DWI rap, refuses breathalyzer test [WMUR]
- Slumber party liability waivers are something we’ve reported on before. But home trampoline disclaimers? [Free-Range Kids]
- Website’s terms and conditions include giving up your immortal soul [Popehat]
- Scottish jury says charges “not proven” against lawyers in case of monetary demand for return of stolen Leonardo da Vinci painting [Guardian, earlier]
- If you’re going to shake down food makers with false claims of contaminants in their wares, it’s best to vary your story patterns [Tacoma News-Tribune, Seattle Times]
- “My task is simple: spew foundationless tripe that turns itself into a pre-trial settlement demand.” [The Namby Pamby, a lawyer blog I really should have linked before now] More: Daniel Fisher, Forbes.
- Why plaintiffs lawyers aren’t so thrilled about recent Toyota revelations: most are invested in blaming electronics, not stuck pedals or mats [WSJ Law Blog]
- Duck hunters sue guide over disappointing trip [Fred Hartman, Fort Bend, Texas, Herald]
John McCain and “intentional” car crashes
Arizona Sen. John McCain is under fire for asserting on the Bill O’Reilly show that “the drivers of cars with illegals in it … are intentionally causing accidents on the freeway.” It would be natural to assume he was referring to the well-established “swoop-and-squat” racket described repeatedly in these columns — here, for instance. You might think illegal aliens would avoid these scams for fear of deportation, but you would be wrong: they are well represented among the participants.
I hold no brief for McCain, and I doubt very much that the workings of this particular criminal subculture should figure among the top twenty policy considerations in deciding how best to handle illegal immigration. And if a Senate spokeswoman is to be credited, McCain may actually had in mind the phenomenon of high-speed police chases — though it is far from clear why those crashes would ordinarily count as intentional. But blogger incredulity about the idea that car crashes can ever be intentional seems misplaced.
Title IX sports enforcement
The U.S. Department of Education’s Office for Civil Rights (OCR) is chipping away at one of universities’ few defenses by limiting the use of student surveys intended to measure interest in athletic offerings. “This reform rollback by the Obama Administration is a gift to the trial lawyers’ lobby and will mean that more sports teams will be eliminated [as] at Duquesne University where 4 men’s teams were recently terminated, said CSC President, Leo Kocher. ” [College Sports Council; Neal McCluskey, Cato at Liberty; earlier; background; more at CSC’s Saving Sports]
“Study: Malpractice worries help drive health costs”
“A substantial number of heart doctors — about one in four — say they order medical tests that might not be needed out of fear of getting sued, according to a new study,” reports the Associated Press. The study appeared in the American Heart Association journal Circulation: Cardiovascular Quality and Outcomes. More: WSJ Health Blog.
High court strikes animal cruelty video ban as overbroad
Discussion: Ken at Popehat, Ilya Shapiro at Cato at Liberty, and Eugene Volokh in several posts. Our earlier coverage is here. More: Writing for the Capital Research Center, Neil Maghami finds the Humane Society of the U.S. not so warm and fuzzy, policy-wise.
(For the Gadsden flag as illustration idea, h/t Above the Law.)
On foreign bribery, two-tiered justice?
Several recent investigations of large companies under the Foreign Corrupt Practices Act (FCPA) have resulted in large fines as punishment for bribery payouts totaling hundreds of millions. Now a FCPA prosecution of an individual, Charles Paul Edward Jumet, for improperly paying $200,000 to obtain lighthouse and buoy contracts in Panama, has resulted in a 7.25 year prison sentence. While Jumet’s conviction is based on other charges as well (making false statements to federal agents), Mike Koehler at FCPA Professor wonders whether justice is being served equally.
RIAA/MPAA’s wish list for stopping piracy
It’s rather…ambitious. [Esguerra/EFF, BoingBoing, h/t reader Keith D.]