New York lawmakers have now withdrawn a bill creating a new cause of action against employers for “bullying” in the workplace; Scott Greenfield, Victoria Pynchon, Jim Copland/E.J. McMahon, and Jon Hyman have some critical observations about the proposal. More coverage of the bill: Point of Law, McCormick/Workplace Prof, Employer’s Lawyer, and NLJRA (would apply to organizations of all sizes including small businesses).
Posts Tagged ‘bullying’
July 28 roundup
- “N.J. High Court to Review Drunken Drivers’ Right to Sue Bars That Served Them” [NJLJ]
- Recipe for Oakland-style public unionism: “Public Safety Employer-Employee Cooperation Act” pending on Capitol Hill would impose public-service collective bargaining and labor arbitration on local governments nationwide [Cavanaugh/Reason, more, effects on police misconduct accountability]
- iPhone class action of doubtful benefit to consumers [Hahn & Passell, Regulation 2.0]
- U.K.: “Fired Top In-House Lawyer Testifies She Was Bullied by Underling” [ABA Journal]
- Due this fall: Norma Zager book “Erin Brockovich and the Beverly Hills Greenscam” [Pelican Publishing] Weitz firm invokes Brockovich association to drum up Gulf spill business [Michael Daly, NYDN]
- Paperwork nightmare: “Health Care Reform’s Terrible, Tiny Tax” [Megan McArdle]
- Three views of Sherrod fiasco [Rick Esenberg, Radley Balko, John Derbyshire]
- This time the feds look serious about foisting low-flow showerheads on unwilling consumers [Heritage Foundry]
July 23 roundup
- “What Really Happened To Phoebe Prince?” [Emily Bazelon, Slate, related series on “cyber-bullying”; ABA Journal]
- Obama backs so-called Paycheck Fairness Act; why business should resist [USA Today, Hyman, ShopFloor, Furchtgott-Roth] Another slant on “paycheck fairness” [AP on Bell, Calif., sequel]
- Unlinked back in February: “Doctors cut back hours when risk of malpractice suit rises, study shows” [Eric Helland and Mark Showalter, JLE, Brigham Young release via Bob Dorigo Jones]
- Also unlinked from back when: thanks for kind mention to Mark Herrmann in “Memoirs of a Blogger,” PDF [Litigation mag courtesy WSJ Law Blog, Drug and Device Law]
- Ditto: Nora Freeman Engstrom on accident-law settlement mills, “Run-of-the-Mill Justice” [Georgetown Journal of Legal Ethics, SSRN, via LEF, Ronald Miller]
- Australia: “Welfare cheat wins right to IVF on jail time” [Melbourne Age]
- “The Nightmare of Legal Discovery” [Lammi, WLF Legal Pulse, related from WLF]
- Tribunal: “Mosquito” teenager-repellent device violates European Convention on Human Rights [Ku, Opinio Juris]
July 8 roundup
- Federal preemption of state law: compare and contrast illegal-immigration control with auto and drug design [Ted and Carter at PoL; upcoming (Jul. 21) Cato panel discussion in DC]
- Authorities in Scotland let Lockerbie bomber off on doctor’s note. How’d that work out? [Bainbridge]
- Pay for your rescue: “French tourists may be billed if high-risk trips go wrong” [Guardian]
- Must revoke honorific California-state-rock status of serpentine! It contains asbestos! [L.A. Times “Booster Shots” via Amy Alkon]
- “Zero tolerance for bullying” — nice slogan, but think before endorsing [Helene Guldberg, Daily Mail via Skenazy]
- “The New Black Panther Case: A Conservative Dissent” [Abigail Thernstrom, NRO; earlier]
- $113,800 in damages in pregnancy-bias suit against Lucasfilm, but demand for attorney’s fees could reach $1.2 million [SF Chronicle]
- Trial lawyers fear being cut out of BP TransOcean pie [WSJ Law Blog, Bainbridge, Calif. Civil Justice]
France makes “psychological violence” a crime
Ken at Popehat laments, “My Entire Existence Is Now Against The Law In France.” [New York Times]
The cry of “cyber-bullying”
Watch out, warns Eric Scheie: it can be a cover for legal efforts to silence online critics, as with a religious group leader’s nastygram aimed at blogger Joy McCann (Little Miss Attila).
April 12 roundup
- Town counsel of Southborough, Mass. considering legal action against online critic [Evan Lips/MetroWest Daily News, Jacob Sullum/Reason, Aspen Daily News]
- “Drowning in laughter”: pic of ill-advised safety sign [Turley]
- Canadian lawyer accused of fabricating evidence of jury tampering [Times Colonist h/t @ErikMagraken]
- One union (SEIU) wins $1.5 million verdict against another (NUHW) [Fox, Jottings]
- “Anti-Law School Blogs Seek to Keep Others from Making ‘Same Mistake We Did'” [Legal Blog Watch, WSJ Law Blog] Instruction at University of Texas law school has room for improvement [Blackbook Legal] Chief Justice Roberts: law review articles aren’t particularly helpful for practitioners or judges [WSJ Law Blog]
- “Illinois Hospital Loses Tax-Exempt Status for Not Being Charitable Enough” [NLJ]
- “Cyber-bullying” proposal in Suffolk County, N.Y. could criminalize repeated insults [Volokh]
“Where’s the State Action in Tort Awards Based on Speech?” [same] - George Will: administration “can imagine the world without the internal combustion engine but not without Chrysler” [WaPo/syndicated]
Teen commits suicide, 9 classmates charged with felonies
“See if you can figure out how the shock and sorrow of the young girl’s death got processed into criminal charges against 9 teenagers and whether this reaction is helpful or just.” [Ann Althouse]
More: there’s not enough in the article to reach conclusions either way, says Scott Greenfield.
New frontiers in racial harassment law?
Williamsburg County, South Carolina: “$150,000 Settlement for Black Public School Students Harassed by Other Black Students for ‘Acting White'” [Volokh]
France makes “psychological violence” a crime
But only when it’s aimed at one’s spouse, according to the report. [BBC, Barbara Kay/National Post, Ann Althouse] For the active campaign in the U.S. to create rights to sue over “bullying”, psychological and otherwise, in workplace, school and other contexts, see this tag. Quebec has enacted a law to ban “psychological harassment” at work, explained in part here and here.