International human rights roundup

Developments in an emerging area of law much explored in my forthcoming book:

“Developing Countries Could Sue for Climate Action — Study” [NYT/ClimateWire] “Do We Need Global Governance To Combat Global Warming?” [Ilya Somin/Volokh]
From UN and oddly uncontroversial Human Rights Watch, pressure on U.S. to alter labor law in union-friendly direction [ShopFloor, Chamber Post]
Recent academic conferences: “2009 National Forum on the Human Right to Housing” [Nov. 2009, Georgetown Law] “International and Comparative Law Review Symposium on the significance of the United Nations Convention on the Rights of Persons with Disabilities” [Loyola L.A., Mar. 2010]
At whose expense? “UN General Assembly Invents a Right to Water and Sanitation” [GGW, BoingBoing]
Again, some survivors of U.S.S. Cole attack on U.S. military personnel sue government of Sudan [Jay Nordlinger/NRO “Corner”, related paper by Elizabeth Bahr, George Mason]
Copying liberals’ homework, some anti-abortionists claim mantle of international human rights for their cause [NRO “Bench Memos,” approvingly, via Ku/OJ]
“An Eminently Sound Approach to (Supposed) International Human Rights Norms, from the 9th Circuit” [Volokh]
What Keynes knew: after 92 years, Germany finally pays off the last Versailles reparations [Marian Tupy, Cato at Liberty]

Filed under: climate change, international human rights, international law, labor unions, Ninth Circuit, Schools for Misrule, United Nations

August 31 roundup

Well, that solves that problem: International Criminal Court outlaws “aggression” [Jeremy Rabkin, Weekly Standard] One contrasting view [David Bosco, Foreign Policy]
“Attorney holds banks up to liability in ATM robberies” [Baldas, NLJ; Ted at PoL]
New report: litigation costs to California public schools run high [California Citizens Against Lawsuit Abuse, PDF]
“Plaintiffs Object to Deal in Anorexia Suit Claiming School Didn’t Prevent Fat Taunts” [ABA Journal]
Attention government contractors: “Your customer wants to see how much you make” [Hodak Value]
New Jersey med-mal reform advocates rally after state high court guts certificate-of-merit law [NJLRA, more]
SEPTA, the Philadelphia transit authority, files trademark action against personal injury law firm [Kennerly]
Chemicals devastating lobsters in the Northeast? Maybe not [Logomasini, CEI]

Filed under: banks, bullying, California, international law, medical malpractice, New Jersey, Philadelphia, schools, third party liability for crime, trademarks, transit

International gun control?

Chicago Mayor Richard Daley wants to begin a new chapter in gun-control-through-litigation by commencing proceedings in the World Court. I discuss that wretched idea at Cato at Liberty (& thanks to Glenn Reynolds and Damon Root for the links)

Filed under: Chicago, guns, international human rights, international law

June 28 roundup

Couldn’t sue the bees for stinging, but could get a $1.6 million judgment against the emergency room doc [NJLRA]
Eurodoom: “EU to ban selling eggs by dozen” [Telegraph]
“Oklahoma’s Unnecessary Law to Ban Citation of Sharia and International Law” [Ku/Opinio Juris, earlier]
Shortage of generic anesthetics, and what’s behind it [Throckmorton, Great Zs, earlier]
Hardball litigation tactics contribute to bad odor of consumer debt buyers [Felix Salmon]
Interview with blogger Carlos Miller (Photography is Not a Crime) [Simon Owens, Bloggasm]
Conyers “oil spill” bill would slyly expand litigation chances elsewhere [Drug and Device Law]
Prosecutors deploy hate crimes law against… mortgage fraud? [NYT via PoL] 241 inmates serving life sentences claimed the federal homebuyer tax credit [CNBC]

Filed under: debtor-creditor law, emergency medicine, Europe, hate crimes, international law, mortgages, pharmaceuticals

Appalling ACTA: a treaty worth stopping

David Post at Volokh Conspiracy sounds the alarm over the many bad provisions in a new intellectual property pact, the “Anti-Counterfeiting Trade Agreement,” arrived at through a “truly outrageous bit of executive branch over-reaching on Hollywood’s behalf.” Margot Kaminski at Balkinization details how the measure if adopted would for the first time criminalize a wide swath of noncommercial personal copying behavior, mandate statutory damages that would grossly over-compensate many rights holders for infringements, and reduce de minimis thresholds under which border officers currently overlook small quantities of infringing material on travelers’ laptops and smartphones. And those are just a few highlights of a long and disturbing list of provisions. Earlier here.

P.S. Much more from Andrew Moshirnia at Citizen Media Law. And at the Mercatus Center’s Surprisingly Free, a podcast with Canadian ACTA critic Michael Geist.

Filed under: copyright, international law, RIAA and file sharing

March 24 roundup

Jury orders Dutchess County, N.Y. school district to pay $1.25 million for not adequately addressing classmate harassment of “very dark skinned” half-Latino student; district protests that it had extensively pursued diversity/sensitivity programs [Poughkeepsie Journal]
More unwisdom: “Oklahoma House of Representatives Proposes Ban on Use of Foreign Law in Oklahoma Courts” [Volokh, earlier on Arizona bill]
Update: California environment czars won’t ban black cars, but watch out for what reflective-layer window mandates might do to cellphones and tollgate transponders [ShopFloor, earlier]
“Firm Sanctioned for ‘Perfect Storm’ of Improper Practices in Debt Collection” [NYLJ]
Critic of lie detector technology says U.K. libel law has silenced him [Times Online] Science journalist Simon Singh says fighting chiropractors’ libel suit is so draining that he’s quitting his column for the Guardian [Guardian, Citizen Media Law]
Florida: father who lost wife, son in murder/suicide at gun range drops lawsuit against the store [Orlando Sentinel]
Appeals court declines to overturn Mary Roberts sextortion conviction [MySanAntonio.com, opinion, related, earlier]
Corporation for Public Newspapering? Stimulus bucks go to “public-interest investigative journalism” [SFWeekly]

Filed under: autos, California, debtor-creditor law, environment, Florida, guns, harassment law, international law, libel slander and defamation, newspapers, Oklahoma, Roberts sextortion, schools, United Kingdom

“Arizona Bill to Bar Use of Foreign and Religious Law”

Although the extent to which foreign legal standards should influence our own is very much a legitimate topic for debate, this particular bill is deeply misguided. [Eugene Volokh]

Filed under: Arizona, international law

February 15 roundup

“U.S. Still Won’t Join International Criminal Court” [Julian Ku, Opinio Juris via Adler] International jurisdiction is a bit of a crime in itself [Stuttaford, NRO “Corner”]
“Tourette’s Sufferer Sues Starbucks for Discrimination” [Seattle Weekly]
Colorado: “Science Fair Bans Most Science” [Free-Range Kids]
For best results in lawsuit against “Girls Gone Wild” producer, it helps not to have made X-rated films [OnPoint News]
New Mexico revolt against Feds’ takeover of community bank [Bank Lawyer’s Blog, more]
Citizen’s United decision continued: “Yes, money is speech” [Rick Esenberg, Point of Law] “When Individuals Form Corporations, They Don’t Lose Their Rights” [Ilya Shapiro, Cato at Liberty]
Thomas Lenard and Paul Rubin, “In Defense of Data: Information and the Costs of Privacy” [SSRN last year]
Sex-harassment charge against six-year-old boy will cost Brockton, Mass. taxpayers $180,000 [Brockton Enterprise]

Filed under: banks, Colorado, disabled rights, free speech, harassment law, international law, Massachusetts, nanny state, privacy, schools

December 7 roundup

Woman jailed for “camcordering” after recording four minutes of sister’s birthday party in movie theater [BoingBoing]
Senate hearing airs trial lawyer gripes against Iqbal [Jackson and earlier, PoL, Wajert, Beck & Herrmann (scroll)] Franken and other Senators sidestep substance, browbeat witness re: “study” terminology [Alison Frankel, AmLaw]
Still time to cancel? “2009 is also the first year of global governance” — new EU president [Small Dead Animals]
Miller-Jenkins battle: judge orders custody switch to law-abiding spouse [Box Turtle Bulletin, background]
Speedy by government standards? 17 years ago DoT proposed Southeast high-speed rail on existing rights of way, ruling on environmental impact statement is expected next year [McArdle]
“New York’s New DWI Bill: Compounding Stupidity” [Greenfield; felony to drive intoxicated with passenger 15 or younger]
“Apple Told To Pay Patent Troll OPTi $21.7 Million” [Business Insider]
This year’s ABA Blawg 100 listing left out some legal blogs that aren’t half bad [Turkewitz]

Filed under: alcohol, Apple, environment, international law, legal blogs, Miller-Jenkins case, movies film and videos, New York, patent trolls, pleading

“Will secret copyright treaty restrict your digital rights?”

Concerns about the pending Anti-Counterfeiting Trade Agreement (ACTA) [Jeff Porten, MacWorld/MacUser] A contrary view: Ben Sheffner (via Ron Coleman).

Filed under: copyright, international law, trademarks