- Annals of discrimination lawsuits: a Tennessee cop contests his firing [Chattanooga Pulse]
- New book on lawsuits against universities: Amy Gajda, “The Trials of Academe: The New Era of Campus Litigation” [Harvard University Press via Stanley Fish, NYT]
- Bernard Kerik’s bail revoked because he used Twitter to promote a website put up by his friends flaying the prosecution? [Scott Greenfield] Plus: More complicated than that, says Bill Poser in comments;
- Another big setback for birther litigation [Wasserman/ Prawfsblawg, Little Green Footballs, earlier]
- “I won’t be able to function,” says Missouri woman after judge rules her monkey is not a service animal [On Point News, Molly DiBianca] More: service ferret gets owner kicked out of North Carolina mall [DigTriad]
- Eleventh Circuit agrees that U.S. cannot prosecute criminal defense lawyer Ben Kuehne for money laundering charges for having written opinion letter saying untainted money was available for legal fees [WSJ Law Blog, coverage (and update) at Scott Greenfield’s site, Miami Herald]
- One for the Coase Theorem literature? Cranky neighbor forces closure of famed South Carolina recording venue [Ribstein]
- Hallowe’en is safe [BoingBoing, earlier on Pennsylvania town’s trick-or-treating ban] “Toronto schools: Hallowe’en insensitive to witches” [four years ago on Overlawyered]
Posts Tagged ‘Barack Obama’
“Troubling signals on free speech”
In “a little-publicized October 2 resolution … [the U.S.] State Department joined Islamic nations in adopting language all-too-friendly to censoring speech that some religions and races find offensive, notes Stuart Taylor, Jr.’s new column for National Journal. Legal academics, including some who have gone on to join the Obama Administration, have sketched out doctrines indicating “how the resolution could be construed to require prosecuting some offensive speech and how it could be used in the long run to change the meaning of our Constitution and laws… In my view, Obama should not take even a small step down the road toward bartering away our free-speech rights for the sake of international consensus.” More: Reason, Jonathan Turley/USA Today. And (h/t comments): A Monday statement by Secretary of State Clinton is being widely greeted as reaffirming a free-speech position, but Taylor is not convinced that it undoes the damage. Nor, it seems, are Eugene Volokh and Ilya Somin.
P.S. What Rick Brookhiser told the Yale Political Union about that cartoonless Mohammed-cartoons book from Yale University Press [NRO] And here’s word that in the U.S., liberal church denominations will ask the FCC to probe conservative broadcasters [Jeffrey Lord/American Spectator]
“Just say no to blasphemy laws”
“Perhaps in an effort to rehabilitate the United States’ image in the Muslim world, the Obama administration has joined a U.N. effort to restrict religious speech. This country should never sacrifice freedom of expression on the altar of religion.” [Jonathan Turley, USA Today via Balko; & welcome Above the Law readers]
Birther lawyer fined $20,000
Vexatious political litigation does not sit well with a judge. [ABA Journal, Krauss/PoL]
“Congresswoman: Tort reform to be a part of final health care bill”
Or at least something traveling under that name, if Rep. Doris Matsui (D-Calif.) is right. [Legal NewsLine] More: “CBO: Tort reform would reduce deficit by $54 billion” [Ed Morrissey/Hot Air] Liability insurance premiums in Georgia fell by 18% after state capped noneconomic damages [American Medical News]
September 28 roundup
- Massachusetts: “New Law to ‘Protect’ Kids from Germs Would Kill Band Program” [Free Range Kids]
- ACORN lawsuit against videomakers analyzed [Above the Law, Ken at Popehat and more] More: Andrew Moshirnia, Citizen Media Law.
- “The Remoras Are Loose Again”: judge vs. opportunistic class action objectors [WSJ Law Blog, CL&P, 10b-5 Daily]
- How ill-considered FAR (floor area requirement) zoning regulations can uglify new houses [Fountain]
- Doctor wins $10 million libel award against St. Petersburg Times, deceased reporter’s notes not allowed into evidence [St. P. Times, ABA Journal]
- Norm Pattis vs. Gerry Spence’s Trial Lawyers College, cont’d [Connecticut Law Tribune]
- “Mother’s Suit Over Tot’s Injury is a Real Hot Potato” [OnPoint News, Massachusetts Dunkin’ Donuts]
- Remembering Barack Obama’s days as a class action lawyer [Mark Tapscott, Washington Examiner]
National Journal blogger’s poll on med-mal
Some interestingly cross-cutting results, summarized by National Journal as “Would Tort Reform Make Pill Easier To Swallow? Right-Leaning Bloggers Say They’d Support A Health Care Bill That Included It; Some Left-Leaners Would Hold Their Nose For It.” The results, though, may have been influenced by wording that was susceptible to multiple interpretations. I added this comment, raising a sub-issue that I think might make a good topic for bipartisan discussions:
My pet proposal? Work on out-of-court dispute resolution methods for the sizable share of medical care the federal government already provides. Alas, Congress is headed in the other direction, as with its interest in opening up med-mal suits by active-duty personnel against military doctors.
More: David Kopel, Volokh.
“Obama’s medical malpractice opportunity”
“In his speech tonight, the president shouldn’t forget tort reform.” (John Avlon of the Manhattan Institute, City Journal).
P.S. Maybe he was listening. In his speech tonight, Obama made a non-trivial gesture toward critics’ views on the subject, acknowledging that defensive medicine drives up costs and “prompting an eruption of applause from Republicans at Wednesday’s joint session of Congress.” [UPI]. From the same article:
“I know that the (George W.) Bush administration considered authorizing demonstration projects in individual states to test these issues,” Obama said. “It’s a good idea, and I am directing my Secretary of Health and Human Services (Kathleen Sebelius) to move forward on this initiative.”
On the politics of the gesture, see Jake Tapper/ABC, news-side WSJ (cross-posted from Point of Law).
Some reactions: Dr. Wes notices language recycled from the med-mal plan championed earlier by then-Sen. Obama and Sen. Hillary Clinton (D-N.Y.) My reaction? I think trying a bunch of demonstration projects to see how they work is actually one of the better reform ideas at the federal level, but obviously a great deal depends on how the demonstration projects are picked and designed. Projects might be selected from a list of ideas pre-vetted for acceptability to the litigation lobby, or at worst might even be designed to fail. I agree with Ron Miller: when it comes to actual policy, “Let’s just say President Obama is keeping his options open.” (bumped Thurs. a.m.)
And more: okay, maybe I gave the President too much credit above on having acknowledged the costs of defensive medicine: his exact wording was “defensive medicine may be contributing to unnecessary costs” (emphasis added). Ramesh Ponnuru: “A demonstration project for med-mal reform — don’t we already have one, called Texas?” Carter Wood notes that demonstration projects on med-mal reform have been shot down by Congressional Democrats in recent years. Dan Pero calls the gesture an “olive twig“. And from commenter Jack Wilson: “How come tort reform is the only part of this plan that needs to go through a demonstration project?”
September 2 roundup
- Cops in London borough “remove valuables from unlocked cars to teach the owners about safety” [UPI, Sullum/Reason “Hit and Run”, Coyote]
- “Trial starts for PI lawyer accused of paying bribes (to Texas insurance managers) for settlement” [ABA Journal]
- Tort reform in Oklahoma takes effect Nov. 1, so law firm advises getting those lawsuits filed quickly [The Oklahoman]
- Patent assembler Intellectual Ventures says it’s averse to suing. Its close partners, on the other hand… [Recorder, earlier]
- Bill to assert U.S. control of waters whether “navigable” or not is major federal power grab [Kay Hutchison and Nolan Ryan, Dallas News]
- California high court rules in Taster’s Choice photo-permission case [Lowering the Bar, WSJ Law Blog, earlier]
- Civil libertarians, secularists protest as Ireland criminalizes blasphemy [Volokh, Irish Times (Dawkins), MWW and more]
- He knows about big paychecks: “Obama’s ‘Pay Czar’ Made $5.76M Last Year as a Law Firm Partner” [ABA Journal]
Birthers’ dubious boast
Some believe the Obama camp has spent a fortune in lawyers’ fees responding to far-fetched “birther” lawsuits, but John Bringardner at Legal Blog Watch is skeptical about that claim. Speaking of which, don’t you wish more conservatives would keep their distance from the site WorldNetDaily? [Jon Henke]