Texas: “A teenager was disciplined for sharing medication used to treat asthma, but he said it saved his girlfriend’s life, News2Houston reported Wednesday. Andra Ferguson and her boyfriend, Brandon Kivi, both 15, use the same type of asthma medicine, Albuterol Inhalation Aerosol. … But the school nurse said it was a violation of the district’s no-tolerance drug policy, and reported Kivi to the campus police. The next day, he was arrested and accused of delivering a dangerous drug. Kivi was also suspended from school for three days. He could face expulsion and sent to juvenile detention on juvenile drug charges.” (“Teenager In Trouble In Inhaler Incident”, Yahoo/KPRC, Oct. 8)(via WSJ “Best of the Web“)(see Apr. 8-9, 2002). More: Alan Brain gets the principal’s side of the story including some updates (student said not to have been expelled, police will not press charges) (Oct. 13). But see Click2Houston, Oct. 10 (student expelled until after Christmas, but has chosen to homeschool instead of returning).
Posts Tagged ‘zero tolerance’
“Thirteen zero tolerance horror stories”
A bread knife, decongestant pills, lunchtime cafeteria chat, a small laser pointer, a forbidden kiss between high school sweethearts — all among the drugs/weapons/conduct that have rated punishment under the zero tolerance crusade (George A. Clowes, Heartland Institute, Jun. 12).
We didn’t mean vicarious that way
Deputy U.S. Attorney General Larry D. Thompson professes to believe, at one and the same time, that it is “bedrock” law that incorporated businesses be held to vicarious criminal liability for the acts of their employees and agents, and that the law both does and should set a single standard for individual and business criminality, rather than dealing more severely with business. (“‘Zero Tolerance’ For Corporate Fraud”, Wall Street Journal, Jul. 21). Which raises the question: will Mr. Thompson volunteer to serve jail time personally should one of his household employees commit vehicular manslaughter while on the way to buy him groceries? “Robert Musil” wonders, and so do we (Jun. 21).
Archived Canadian items, pre-July 2003
“‘Father files suit after son fails to make MVP award’” (hockey, New Brunswick), Nov. 8-10, 2002.
“‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000; “Welcome Toronto Star readers” (Jason Brooks column, disabled rights), Sept. 27-28, 2000.
Personal responsibility, 2002: “Skating first, instructions later” (Edmonton), Sept. 25-26; “‘Woman freezes; sues city, cabbie’” (Winnipeg), Sept. 18-19; Personal responsibility roundup” (social host alcohol liability), Sept. 12; “Paroled prisoner: pay for not supervising me“, Jan. 4-6. 2001: “Don’t rock the Coke machine“, July 20-22; “‘Gambling addiction’ class action” (Loto-Quebec), June 20 (& update May 20-21, 2002; “‘Woman who drove drunk gets $300,000’” (Barrie, Ont.), Feb. 7-8; “By reader acclaim” (sues alleged crack dealers over own addiction), Jan. 11. 2000: “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “Blue-ribbon excuse syndromes” (Metis Indian defendant allowed to cite cultural oppression as defense to stabbing charge), Feb. 12-13.
“Cash demanded for drug users and panhandlers inconvenienced by film crews” (Vancouver), Aug. 23-25, 2002.
“Activist judges north of the border“, May 31-Jun. 2, 2002 (& letter to the editor, Jun. 14).
“Flowers, perfume in airline cabins not OK?“, May 17-19, 2002; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.
“‘Unharmed woman awarded $104,000’” (Manitoba chemical exposure), May 6, 2002.
“‘Targeting “big food”‘” (Lemieux, National Post), Apr. 29-30, 2002.
“Pharmaceutical roundup” (silicone implants popular), Apr. 16-17, 2002.
“Web speech roundup” (flag logo on website), Mar. 25-26, 2002.
“Tribulations of the light prison sleeper“, Mar. 25-26, 2002; “Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13; “Paroled prisoner: pay for not supervising me“, Jan. 4-6, 2002.
“Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002; “Gotta regulate ’em all” (Quebec official upset that Pok?n cards not in French), Dec. 16, 1999.
“Stop, they said” (Manitoba: stop sign too vague?), Feb. 4-5, 2002.
“Planners tie up land for twenty years” (plus B.C. land use story), Jan. 18-20, 2002.
Family law, 2002: “‘Avoiding court is best defence’” (Dave Brown), Jan. 14-15. 2001: “‘Crying wolf’” (Christie Blatchford on sexual abuse charges), Oct. 30; “Why she’s quitting law practice” (Karen Selick), Aug. 13-14; “Canadian court: divorce settlements never final“, May 15; “‘Victim is sued for support’“, Feb. 9-11; “Solomon’s child” (Donna LaFramboise), Jan. 26-28. 2000: “Pilloried, broke, alone” (LaFramboise on “deadbeat dads”), April 10. 1999: “Down repressed-memory lane: distracted when she signed” (Ont. judge voids separation agreement), Dec. 29-30.
“Front-row spectator sues ‘reckless’ exotic dancer” (B.C.), Jan. 7-8, 2002; “Embarrassing Lawsuit Hall of Fame” (injured by exotic dancer in Ottawa), Aug. 14, 2000; “‘Toronto Torch’ age-bias suit” (stripper in Brantford), May 23, 2000.
“Overlawyered schools roundup” (challenge to Ontario standards), Dec. 7-9, 2001.
“Columnist-fest” (asylum policies), Nov. 27, 2001; “Opponents of profiling, still in the driver’s seat” (Air Canada), Nov. 2-4; “Security holes: to the North…” (anti-terrorism security), Sept. 14-16, 2001.
“‘Hate speech’ law invoked against anti-American diatribe“, Oct. 17-18, 2001; “Most unsettling thing we’ve heard about Canada in a while” (hate speech laws), Dec. 17-19, 1999.
“‘Hama to sue bridge owners over her daughter’s fall’” (Capilano Suspension Bridge, Vancouver), Oct. 8, 2001.
“Fear of losing welfare benefits deemed coercive” (N.S.), Oct. 3-4, 2001.
Zero tolerance, etc.: “John Leo on Overlawyered.com” (Halifax: snowball-like gestures banned), Aug. 15, 2001; “Fateful fiction” (Cornwall, Ont.), Jan. 30, 2001; “Hug protest in Halifax” (school’s no-physical-contact policy), March 2, 2000; “Zero tolerance roundup” (Windsor: 11-year-old’s fictional school essay), Dec. 27-28, 1999.
“Why she’s quitting law practice” (Karen Selick), Aug. 13-14, 2001.
“Welcome Bourque.org readers“, June 26, 2001.
“‘Dead teen’s family sues Take Our Kids To Work’“, May 31, 2001.
“Holiday special” (misconduct by N.B. lawyer), May 28, 2001.
“‘Insect lawyer ad creates buzz’” (Torys, Toronto), May 23, 2001; “‘Not-a-Lawyer’” (Vancouverite’s business card), Feb. 10-11, 2000.
“Columnist-fest” (Mark Steyn on Indian residential schools), May 1, 2001; “Bankrupting Canadian churches?“, Aug. 23-24, 2000.
“Canada’s secret legal aid“, April 10, 2001.
“Putting the ‘special’ in special sauce” (alleged rat in Big Mac”, March 29, 2001.
“Saves her friend’s life, then sues her“, Jan. 3, 2001.
“Canada reins in expert witnesses“, Nov. 22-23, 2000.
“Malpractice outlays on rise in Canada“, Oct. 2, 2000.
“‘Mother sues over lack of ice time for goalie son’” (Quebec), Sept. 11, 2000.
“‘Mugging victim “stupid”, judge says’” (Winnipeg case), Aug. 2, 2000.
“‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate).
“Cash for trash, and worse” (“Vancouver solution” for Microsoft?), June 26, 2000.
“Welcome Montreal Gazette readers” (columnist Doug Camilli cites this website), June 7, 2000; “Trop d’avocats.com” (we are recommended by the Gazette), Oct. 18, 1999.
“‘More lawyers than we really need?’” (aftermath of Walkerton, Ont. E. Coli outbreak: columnist cites this website), June 2-4, 2000.
“Less suing = less suffering” (Sasketchewan no-fault auto study), April 24, 2000 (& update June 26).
“Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000.
“‘Girl puts head under guillotine; sues when hurt’“, March 8, 2000.
“Ontario judge okays hockey-fan lawsuit“, Jan. 12, 2000; “Spreading to Canada?” (hockey fan sues Alexei Yashin), Oct. 20, 1999.
“Update: toilet of terror” (Canadian tourist visits Starbucks in NYC, sues), Dec. 8, 1999; “Starbucks toilet lawsuit“, Dec. 1, 1999.
“Mounties vs. your dish” (satellite regulations), Nov. 1, 1999.
“Sensitivity in cow-naming“, Oct. 21, 1999; “Weekend reading” (Bugs Bunny television complaint), Aug. 21-22, 1999. “You may already not be a winner” (prisoner suit over sweepstakes entry), Aug. 23, 1999.
For a discussion of the loser-pays principle, which Canada has retained to a considerable extent in its courts, see our loser-pays page
Archived aviation items, pre-July 2003
“NTSB blames pilot error, but airport told to pay $10 million“, May 14, 2003.
Security profiling, 2002: “Rather die than commit profiling, cont’d“, Oct. 14; “Profiling: a Democrat outflanks Ashcroft” (Sen. Feinstein), Jun. 10; “Airlines sued over alleged profiling“, Jun. 6; “The scandal of the Phoenix memo“, May 28-29; “Fearing ethnic profiling charges, bureau ignored flight-school warning“, May 6; “Columnist-fest” (Charles Krauthammer), Mar. 18; “Profiling: the cost of sparing feelings“, Jan. 14-15. 2001: “Profiling perfectly OK after all“, Nov. 16-18; “‘Politically incorrect profiling: a matter of life or death’” (Stuart Taylor, Jr.), Nov. 9-11; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Anti-bias law not a suicide pact“, Oct. 3-4.
“‘Sisters suing Southwest over “racist rhyme”‘“, Feb. 11, 2003.
Forum-shopping: “Mass disasters belong in federal court“, Dec. 18-19, 2002; “Crash lawyers like Boeing move” (Chicago, new HQ city, has higher verdicts), May 17, 2001; “Come to America and sue” (Concorde forum-shopping), Jan. 19-21, 2001; “French crash, German victims, American payout levels?“, Sept. 29-Oct. 1, 2000.
“Lawyer’s suit against airline: my seatmate was too fat“, Aug. 2-4, 2002; “‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000.
“Annals of zero tolerance: ‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23, 2002.
“‘Airline sued for $5 million over lost cat’“, Sept. 3-4, 2002.
“Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002.
World Trade Center, 2002: “Roger Parloff on 9/11 fund“, Apr. 1-2. 2001: “Liability limits speed WTC recovery“, Nov. 21-22; “‘Company tried to capitalize on Sept. 11’“, Oct. 15; “‘Despite Protection, Airlines Face Lawsuits for Millions in Damages’“, Sept. 24 (& Oct. 10-11); “‘Lawsuits From Attacks Likely to Be in the Billions’“, Sept. 21-23; “Washington Post on airline liability“, Sept. 19-20; “What you knew was coming“, Sept. 14-16 (& coverage generally after Sept. 11).
“Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002.
“Disclaimer rage?” (GPS software), Oct. 15, 2001.
“‘Man Thought He Was Dead, Sues Airline’” (left sleeping in darkened cabin), Oct. 10-11, 2001.
“‘Poor work tolerated, employees say’“, Nov. 15, 2001; “The high cost of cultural passivity“, Sept. 21-23; “Self-defense for flight crews“, Sept. 13; “Transsexual passenger’s airline hassle“, Sept. 12, 2001.
White-knuckle lotto: “‘Delta passenger wins $1.25 mln for landing trauma’“, Aug. 24-26, 2001; “All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 19, 2000; “White-knuckle lotto“, Oct. 8, 1999.
Letter to the editor, Sept. 3, 2001 (ABC vs. Parker-Hannifin); “Big numbers” (Teledyne Continental Motors $27 million settlement), April 16, 2001; “Getting around small-aircraft lawsuit reform“, Jan. 29, 2001.
“‘Airline restricts children flying alone’“, Aug. 6, 2001.
“‘Lawyers pay price for cruel hoaxes’“, Aug. 3, 2001; “‘The love children of Flight 261’“, April 10, 2001; “After an air crash, many Latin ‘survivors’” (Alaska Air claimants), Nov. 29, 2000.
“Needed: assumption of risk” (first-time skydiver), July 27-29, 2001; “‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate) (& see Apr. 16, 2001).
“Getting around small-aircraft lawsuit reform“, Jan. 29, 2001.
“‘Economy-class syndrome’ class action” (Australia), Dec. 13-14, 2000.
“All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 18, 2000; “Diva awarded $11M for broken dream” (opera student injured in runway crash), Aug. 31, 2000.
“John Denver crash” (also Air France, Northwest, aviation need for tort reform), Oct. 4, 2000.
“Prosecution fears slow crash probes“, Sept. 6-7, 2000.
“Retroactive crash liability” (Death on the High Seas Act), Aug. 25-27, 2000.
“Class actions: are we all litigants yet?” (American Airlines frequent flier class action), Aug. 23-24, 2000.
“Never too stale a claim” (suits against manufacturers over planes built in early 20th century), July 14-16, 2000.
“New subpage” (this page introduced), June 16-18, 2000.
“Somebody to sue” (map publisher Jeppesen Sanderson sued after Croatia crash), June 1, 2000.
“Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000.
“Blaming good pilots” (Alaska Air crash), Feb. 24, 2000.
“New safety rule likely to increase death toll” (FAA and child seating on airlines), Dec. 31, 1999-Jan. 2, 2000.
“Attorney blames airline for passenger’s drunken in-flight rage“, Dec. 9, 1999.
“Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.
“Some lawyers try to make nice” (EgyptAir 990), Nov. 29, 1999.
“From the planet Litigation” (UFO suits), Nov. 22, 1999.
“Grounds for suspicion” (DEA and arriving passengers), Oct. 9-10, 1999.
“Overlawyered skies not always safer“, July 19, 1999.
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Other resources: AVweb includes articles by its law columnist, Phillip J. Kolczynski, on such topics as product liability, liability for homebuilt aircraft, and aircraft owner liability. Walter Olson, “Kingdom of the One-Eyed” (pilot vision and ADA), Reason, July 1998. Walter Olson, “Life, Liberty, and the Pursuit of a Good Beer” (alcoholic pilot and ADA), Washington Monthly, September 1997. Archived gun items, pre-July 2003“Gun lawsuit columns“, Apr. 25-27, 2003; “Gun lawsuit preemption moves forward“, Apr. 4-6; “Gun-suit thoughts“, Mar. 31, 2003; “House bill would cut off municipal gun suits“, May 9, 2002. “More notices for The Rule of Lawyers” (NRA’s LaPierre praises book), Mar. 21-23, 2003 (& Apr. 25-27). “Manufacturer sued after bullet fails to take down lion“, Apr. 25-27, 2003. “Florida school shooting: the deep pockets did it” (Grunow), Dec. 13-15, 2002 (& update Feb. 4-5). “Spitzer riding high” (New York attorney general), Jun. 17-18, 2002. Municipal cases crash and burn, 2002: “‘Gunning for manufacturers through courts’” (Boston drops its case), Apr. 29-30; “Third Circuit nixes Philly gun suits“, Jan. 28-29. 2001: “Municipal gun suits on the run” (Camden, Atlanta, Bridgeport’s Ganim), Nov. 19-20; “Victory (again) in Connecticut” (Bridgeport), Oct. 3-4 (& Dec. 11-12, 1999); “‘New York State’s Gun Suit Must Be Dismissed’“, Aug. 22-23; “Columnist-fest” (Jacob Sullum), June 22-24; “Victory in Albany” (Miami, New Orleans, etc.), April 27-29. 2000: “Victory in Philadelphia“, Dec. 22-25; “Victory in Chicago“, Sept. 20; “‘City gun suit shot down on appeal’” (Cincinnati), Aug. 16-17 (& Oct. 8, 1999). 1999: “Victory in Florida” (Miami), Dec. 14 (& Nov. 20-21). “‘Gunning for manufacturers through courts’” (proposed NYC ordinance), Apr. 29-30, 2002. Commentaries by others, 2002: “Columnist-fest” (Dave Kopel, Jacob Sullum), Mar. 18. 2001: “Municipal gun suits on the run” (Peter Schuck, Kimberley Strassel), Nov. 19-20; “Columnist-fest” (Sullum), June 22-24; “City gun suits: ‘extortion parading as law’” (Robert Levy), May 14. 2000: “Tobacco- and gun-suit reading” (Michael Krauss), Aug. 21-22; “Steady aim” (Vince Carroll, Sam Smith), May 12; “Columnist-fest” (Sullum), May 2; “Stuart Taylor, Jr., on Smith & Wesson deal“, April 11; “Blatant end-runs around the democratic process” (Robert Reich), Jan. 15-16. 1999: “Weekend reading: evergreens” (Bruce Kobayashi), Oct. 23-24; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone), July 24-25; “Guns, tobacco, and others to come” (Peter Huber), July 20; “‘Anti-democratic, wrong, a feel-good solution‘” (editorials), July 3. “Under the Christmas tree” (BB guns, toy soldiers), Dec. 21-23, 2001 (& see Feb. 11-12, 2002). “State of prosecution in Iowa” (bullet possession), Jan. 28-29, 2002. “‘FTC Taking “Seriously” Request to Probe Firearms Sites’” (unlawful to recommend guns for family security?), Jan. 16-17, 2002. “‘North America’s most dangerous mammal’” (deer), Nov. 29, 2001. “Gun controllers on the defensive“, Nov. 6, 2001. “‘Shooting range sued over suicide’“, Sept. 27, 2001; “$3 million verdict for selling gun used in suicide“, Sept. 17, 2001; “‘Suicide-Attempt Survivor Sues’” (department that issued cop his gun), Jan. 24-25, 2001. “The high cost of cultural passivity“, Sept. 21-23, 2001; “Self-defense for flight crews“, Sept. 13, 2001. “Self-defense: an American tradition” (Bellesiles furor), Sept. 12, 2001. “Navegar not nailed“, Aug. 15, 2001; “Victory in California” (Navegar), Aug. 7-8, 2001; “Weekend reading: evergreens” (Bruce Kobayashi), Oct. 23-24, 1999. “Victory in Albany” (Hamilton v. Accu-Tek), April 27-29, 2001. “Letter to the editor” (activist doctors vs. gun ownership), May 18, 2001. “Non-gun control” (toy guns; bottles and glasses), March 23-25. “$3 million verdict for selling gun used in suicide“, Sept. 17, 2001; “Vicarious criminal liability?” (individual who sold gun prosecuted after remote purchaser used it to commit murder), Dec. 8-10, 2000. “Promising areas for suits” (suits against families after firearms injuries), Dec. 7, 2000. “‘Gunshot wounds down almost 40 percent’“, Oct. 10, 2000. “For Philly, gun lawsuits just the beginning” (city intends to sue other businesses), Oct. 5, 2000. Effects on gunmakers: “Victory in Chicago” (dealers under pressure as liability insurance dries up), Sept. 20, 2000; “One gunmaker’s story” (Freedom Arms), June 14-15; “Gun-buying rush“, Jan. 4, 2000; “Victory in Florida” (lawyers using cost infliction as tactic), Dec. 14, 1999; “Gun jihad menaces national security” (small arms industry is important defense supplier), Nov. 9; “Skittish Colt” (not abandoning consumer market, says gunmaker), Nov. 18-19; “Proud history to end?” (Colt’s retreating from consumer handgun business), Oct. 12; Gunmaker bankruptcies: three, and counting“, Sept. 14, 1999. “Senator Lieberman: a sampler” (opposed firearms lawsuits in D.C. in 1992), Aug. 8-9, 2000; “Veeps ATLA could love” (Durkin, D-Ill., sponsor of gun-suit bill), July 7, 2000. “Our most ominous export” (U.S. trial lawyers help launch anti-gunmaker suit in Brazil), July 31, 2000. “‘Poll: majority disapprove of tobacco fine’” (survey finds public against gun suits 67 to 28 percent), July 24-25, 2000. “Giuliani’s blatant forum-shopping“, June 28, 2000; “…bad news out of New York” (city joins gun suits), June 21, 2000. “The Wal-Mart docket” (sued over gun sales), July 7, 2000. Parodies, cartoons: “Animated advocacy” (“smart guns” interactive game, etc.), June 16-18, 2000; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the gov’t!”), Jan. 21-23; “Power tools: America’s children at risk” (parody site taken seriously), Dec. 7, 1999. “Rewarded with the bench” (judicial nomination for Connecticut AG Richard Blumenthal?), June 12, 2000; “Punished for resistance“, March 31-April 2; “Connecticut, sue thyself” (state officials, NAACP), Dec. 2, 1999. Smith & Wesson settlement: “Victory in Albany” (see notes), April 27-29, 2001; “A Smith & Wesson FAQ“, May 18-21, 2000; “Not with our lives you don’t“, May 9; “Columnist-fest” (Jacob Sullum), May 2; “Police resent political gun-buying influence“, April 14-16; “Stuart Taylor, Jr., on Smith & Wesson deal“, April 11; “Punished for resistance“, March 31-April 2; “Another S&W thing“, March 27; “Social engineering by lawsuit” (Yale law professor Peter Schuck doubts S&W would have lost at trial), March 27; “Smith & Wesson’s ‘voluntary’ capitulation’“, March 21; “Liberty no longer insured by Smith & Wesson“, March 20, 2000. “Not my fault, II” (19-year-old sues gunmaker, own father over accidental shooting 14 years earlier), May 17, 2000. “Not with our lives you don’t” (gun-suit issue figures in Presidential race; Clinton, trial lawyers endorse gun control event), May 9, 2000. Police line-of-duty: “Not with our lives you don’t“, May 9, 2000; “Police resent political gun-buying influence“, April 14-16; “Cops shoot civilian; city blames maker of victim’s gun“, April 12, 2000; “Zone of blame” (policeman’s widow sues maker of his gun), Oct. 27, 1999. “Barrel pointing backward” (lawsuits and “smart guns”), Feb. 17, 2000; update, March 8. “Improvements to our gun-litigation page“, Feb. 14, 2000; “Gun litigation roundup“, Feb. 10-11, 2000. HUD: “Cuomo menaces gun makers: ‘death by a thousand cuts“, Feb. 2, 2000; “Feds’ tobacco hypocrisy: Indian ‘smoke shops’“, Jan. 25, 2000; “Gun lawsuits: White House, HUD pile on“, Dec. 9, 1999. “Fourth Branch”?: “Steady aim“, May 12, 2000; “Judge to lawyers in Miami gun suit: you’re trying to ban ’em, right?” (anti-democratic quotes from anti-gun side), Nov. 20-21, 1999; “Gun litigation: a helpful brother-in-law” (Hugh Rodham surfaces assisting gun lawyers), Oct. 25, 1999; “Reform stirrings on public contingency fees“, Oct. 15; “Big guns” (origins of municipal litigation), Oct. 5-6; “Like calling the Orkin man to talk about bugs” (American Bar Ass’n president compares gun suits to civil rights crusade), August 10; “‘A de facto fourth branch of government‘” (Wendell Gauthier’s view of trial lawyers’ role), July 4, 1999. Hypocrisy of municipal plaintiffs: “Do as we say, please” (big cities suing gun makers sell lots of surplus guns themselves), July 14, 1999; “Do as we say (II): gun-suit hypocrisy in Detroit“, August 30, 1999; “Gun-suit hypocrisy, Boston style” (city admits it didn’t follow own procedures in selling guns), August 25, 1999; “Connecticut, sue thyself” (state officials, NAACP), Dec. 2, 1999. Philanthropies back anti-gun litigation: “Charity dollars support trial lawyers’ gun jihad“, Sept. 2, 1999; “Correction: the difference one letter makes” (YWCA, not YMCA, supports anti-gun efforts), Nov. 10; “Soros as bully” (“Open Society” philanthropist), Nov. 23, 1999. “Recommended reading” (Lingua Franca on Second Amendment controversy in law schools), Jan. 25, 2000; “‘Scholar’s shift in thinking angers liberals’” (Larry Tribe says Second Amd’t does include individual right), Aug. 30, 1999. “Fertilizer manufacturers not liable for World Trade Center bombing” (theories against them resembled those used against gunmakers), Aug. 23, 1999. “‘Settlement bonds’: are guns next?” (Wall Street maneuvering to float bonds based on expropriation of gun industry), Aug. 5, 1999. “Censorship via (novel) lawsuit” (lawyers suing gunmakers, Hollywood claim their theories are “traditional” and “time-honored”), Jul. 22, 1999. Related commentary: “zero-tolerance” weapons policies 2002: “‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23; “Steak knives, finger ‘guns’“, May 16; “Goodbye to zero tolerance?“, Jan. 25-27. 2001: “Under the Christmas tree” (BB guns, toy soldiers), Dec. 21-23; “John Leo on Overlawyered.com“, Aug. 15; “Bagpiper prom garb” (skean dubh knife), June 21; “Drawing pictures of weapons” (also U.K. pellet gun case), May 15; “Zero tolerance spiral” (roundup), April 12; “Non-gun control” (second-graders’ paper gun), March 23-25; “ABA criticizes zero tolerance” (knife cases), Feb. 21-22; “Pointing chicken finger“, Feb. 2-4; “Gun-shaped medallion“, Jan. 18. 2000: “Tweety bird chain” (also African tribal knives case), Sept. 29-Oct. 1 (& update Oct. 4); “Kopel on zero-tolerance policies“, Sept. 25-26; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “Ease up on kids” (Utah), Aug. 4-7; “Annals of zero tolerance” (finger guns, inadvertent steak knife in lunch bag), May 22; “Kindergartners’ ‘bang, you’re dead’“, April 17; “Don’t play James Bond” (fifth grader’s plastic toy gun), March 28; “Annals of zero tolerance: scissors, teacher’s beer“, March 15. 1999: “Weekend reading: columnist-fest” (John Leo column), Dec. 11-12; “Scissors, toy-gun cases“, Dec. 8; “Annals of zero tolerance: the fateful thumb“, Nov. 20-21; “Annals of zero tolerance: more nail clippers cases“, Nov. 10; “Annals of zero tolerance: cannon shots banned” (school disallows yearbook photo posed on artillery), Oct. 30-31 (update Nov. 26-28: school relents); “Zero tolerance strikes again” (student suspended after using knife to cut cake), Oct. 23-24. ——————————————————————————– Other resources on gun lawsuits: List (compiled by Prof. Eugene Volokh, UCLA Law School) of law professors skeptical of firearms suits (subcategories: municipal lawsuits, firearms torts generally). “Suing Gun Makers” (Reason magazine “Breaking Issues” series). Walter Olson, “Plaintiff’s Lawyers Take Aim at Democracy“, Wall Street Journal, March 21, 2000; “Big Guns“, Reason, Oct. 1999; “Firing Squad” (federalism and gun suits), Reason, May 1999. National Center for Policy Analysis, “Suing Gun Manufacturers: Hazardous to Our Health“. American Lawyer on origins of the municipal firearms litigation, June 1999. American Shooting Sports Coalition, “Gun Rights: Under the Gavel“. Guncite.com links on firearms litigation Also see resources on product liability / on personal responsibility Archived schools items, pre-July 2003
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Overlawyered.com commentary: “Schools roundup“, Apr. 9, 2003. “Teachers afraid“, Mar. 31, 2003. “Kids’ art on walls ruled a fire hazard“, Mar. 20, 2003. “Suit: schoolkids shouldn’t attend rodeo“, Oct. 24, 2002. “Cutting edge of discrimination law” (Puyallup district, Wash.), Oct. 7-8, 2002. “Tour of the blogs” (suit vs. statewide tests), Sept. 24, 2002. “Don’t ban peanut butter from schools“, Aug. 23-25, 2002. Personnel: “Schools roundup“, Apr. 9, 2003; “Convicted, but still on their teaching jobs“, Jul. 10-11, 2002; “School told to rehire cocaine abuser“, Mar. 20-21, 2002; “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), Jun. 27, 2000; “Victim of the century?” (misbehaving principal collects disability benefits for sexual compulsion), Jun. 2-4, 2000; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000. “‘Suits Against Schools Explore New Turf’“, Jun. 19-20, 2002. “Folk medicine meets child abuse reporting” (“coining” of children’s skin), May 31-June 2, 2002. “Letter to the editor” (sending kids home with slight sniffle), Apr. 11, 2002. “‘Before you cheer … “Sign here”‘“, Mar. 15-17, 2002. “Education reforms could serve as basis for new suits“, Mar. 13-14, 2002. “Jail for schoolyard taunts?“, Feb. 27-28, 2002. “‘Hot-dog choking prompts lawsuit’“, Jan. 2-3, 2002. “Australia: student wins millions over corporal punishment“, Feb. 20, 2001 (& update Dec. 15-16); “Bankrupting Canadian churches?” (Indian residential schools), Aug. 23-24, 2000. “Overlawyered schools roundup“, Dec. 7-9, 2001. “Educational privacy gone to extremes“, June 27, 2001 (& Nov. 28, Dec. 7-9). “‘School sued over poor results’” (U.K.), Nov. 23-25, 2001. “From the paint wars: a business’s demise, a school district’s hypocrisy“, Nov. 13, 2001. “‘Teen sex offenders face years of stigma’“, Nov. 5, 2001. “‘Never far from school halls: the lawsuit’“, Oct. 10-11, 2001; “Election roundup” (Bush proposal to protect educators from lawsuits), Oct. 23, 2000; “Overlawyered classrooms” (survey of school administrators finds fear of litigation), Sept. 11-12, 1999. “School email pranksters to Leavenworth?” (antihacking proposal), Aug. 10-12, 2001. “‘Airline restricts children flying alone’“, Aug. 6, 2001. “‘Dead teen’s family sues Take Our Kids To Work’“, May 31, 2001. “Anonymity takes a D.C. hit” (bill to ban anonymous email, browsing in schools, libraries), May 21, 2001. “‘Iowa Supreme Court says counselors liable for bad advice’“, April 27-29, 2001. “‘Teacher sues parent over handshake’“, March 26, 2001. “No more Indian team names?“, March 15, 2001. “Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Title IX and “student-on-student” harassment), August 21-22, 1999. “Forbidden paint zone” (New York City’s 10-foot rule), Feb. 27, 2001. “U.K.’s school bullying suits“, Feb. 14-15, 2001. “Behind ‘Boston Public’“, Nov. 21, 2000. “‘Internet Usage Records Accessible Under FOI Laws’“, Nov. 14, 2000. “School suspends girl for casting spell“, Nov. 1, 2000. “Back-to-school roundup: granola bars out, Ritalin in” (allergies), Aug. 29-30, 2000; “Multiple chemical sensitivity from school construction“, Jul. 3-4; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000. “Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000. “School safety hysteria, internalized” (program encourages students to inform anonymously on depressed or angry classmates), Apr. 7-9, 2000; “Overlawyered schools: three views” (update), Apr. 21-23, 2000. “$60,000 battle over $5 t-shirt” (dress code, heavy-metal t-shirt), Apr. 19, 2000 (update, Aug. 29-30: case settled). “Welcome, Yahoo and About.com visitors” (this page listed), Jan. 11, 2000. “Got milk? Get sued” (veggie lawsuit against milk in schools), Dec. 16, 1999. Teachers sue students: “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30, 2000; “Drastic remedy for unruly classrooms“, Sept. 28, 1999. “Teach but don’t touch” (educators, camp counselors afraid of physical contact with kids), Sept. 15, 1999. “Blackboard jungle” (Ann Arbor substitute teacher back-pay case), Sept. 14, 1999 (& letter to the editor, Jun. 20-22.). “Undislodgeable educators” (tenure plus employment law), Aug. 18, 1999. |
Other online articles of interest:
Wendy M. Williams and Stephen J. Ceci, “Accommodating Learning Disabilities Can Bestow Unfair Advantages“, Chronicle of Higher Education, Aug. 6, 1999.
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Articles by Overlawyered.com editor Walter Olson: “Title IX’s Invisible Ink” (“student-on-student” harassment), Reason, August/Sept. 1999. “Standard Accommodations” (special ed expands toward infinity), Reason, February 1999. “Title IX from Outer Space: How federal law is killing men’s college sports“, Reason, February 1998. “Opposing View: Meddlers Won’t Quit” (EEOC guidelines on college athletic coaches’ pay), USA Today, November 17, 1997. “Say What?” (“accent discrimination”; Westfield, Mass. school case), Reason, November 1997. “The Law on Trial“, Wall Street Journal, October 14, 1997 (review of Beyond all Reason by Daniel Farber and Suzanna Sherry). “Time to Get Off the Tenure Track“, The New York Times, July 8, 1997. “Shut Up, They Explained” (zero-tolerance harassment policies), Reason, June 1997. “Have You Used a Kid Today As a Political Pawn?“, Chicago Tribune, November 14, 1996. “A Connecticut Yankee in Court” (Sheff v. O’Neill decision), City Journal, Autumn 1996. “Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle,? National Review, May 11, 1992. “Breaking Ranks“, review of Reflections of an Affirmative Action Baby by Stephen Carter, National Review, October 7, 1991. Archived harassment law items, pre-July 2003“‘Prosecutor had ordeal as defendant’“, May 14, 2003. “Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003. “After failed workplace romance, a $1.3 million bill“, Feb. 6-9, 2003. “Incoherence of sexual harassment law“, Oct. 15, 2002. “Banish those desk photos of spouse at beach“, Aug. 29-Sept. 2, 2002. “Clipboard-throwing manager = $30 million clipping for grocery chain“, Apr. 19-21, 2002 (& update Jul. 26-28: damages cut to $8 million); “‘$3 million awarded in harassment’” (Illinois police department), Dec. 19, 2001; “Fieger’s firecrackers frequently fizzle” ($20 million harassment verdict against Chrysler), May 31, 2001; “The stuffed-grape-leaf standard” (feminist litigator asserts that $300K isn’t that much money), August 14-15, 1999. “‘Surgeon halts operation over foreign nurses’ poor English’” (U.K.: he’s then threatened with disciplinary action for racism), Jul. 25, 2002. “Catharine MacKinnon, call your office“, May 16, 2002. “An eggshell psyche at U.Va. Law“, Apr. 8-9, 2002. “Jail for schoolyard taunts?“, Feb. 27-28, 2002; “‘Boy faces jail for slapping girl’s bottom’“, Jan. 5-7, 2001; “Annals of zero tolerance” (six-year-old’s “sexual harassment”), May 22, 2000. “European workplace notes” (UK: harassment of dyslexic), Feb. 25-26, 2002. “Firehouse blues” (girly mags, Alaska), Feb. 20-21, 2002. “‘Woman Wins Verdict, but no Money, Against Seagal’“, Jan. 4-6, 2002. Office dating, “love contracts”: “Love contracts“, Dec. 10, 2001; “Ask the experts (if that’ll help)“, Oct. 19, 2000; “Ministry of love-discouragement“, May 3; “‘Love contracts’ spreading to U.K.“, Dec. 31, 1999-Jan. 2, 2000; “Weekend reading: evergreens” (“love contract” for office romances), Dec. 3-5, 1999. “Employee’s right to jubilate over Sept. 11 attack“, Oct. 9, 2001. “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001. “‘We often turn irresponsibility into legal actions against others’” (Robyn Blumner on U. of South Fla. art student harassment case), Aug. 13-14, 2001. “Chandra, Monica, and sex-harass law“, July 27-29, 2001. “Spoof memo draws EEOC probe“, June 26, 2001. “‘Hearsay harassment’ not actionable“, June 12, 2001. “EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001 (& see “Columnist-fest” (Wendy McElroy), June 22-24. “Mistletoe dangerous even when absent“, April 18, 2001. “‘2000’s Ten Wackiest Employment Lawsuits’” (too much sex talk in sex shop), April 13-15, 2001. “Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Supreme Court’s invention of Title IX harassment law), August 21-22, 1999. “Columnist-fest” (Sarah McCarthy on Paula Jones case), Nov. 14, 2000. “Don’t meet with her alone“, Nov. 1, 2000. “Ask the experts (if that’ll help)“, Oct. 19, 2000. “White House pastry chef harassment suit“, Sept. 18, 2000. “Harassment law roundup” (Confederate flags on employee cars, Jeffrey Rosen book, Avis v. Aguilar, do-as-we-say case), Sept. 11, 2000. “Embarrassing Lawsuit Hall of Fame” (Mass. agency finds flatulence not harassing), Aug. 14, 2000. “From the U.K.: watch your language” (college, job bureau restrict use of “lady”, “hardworking”), June 13, 2000. “Victim of the century?” (principal collects disability benefits for sexual compulsion), June 2-4, 2000; “Doctor sues insurer, claims sex addiction“, Oct. 13, 1999. “What the French think of American harassment law“, May 25, 2000. “The four rules of sexual harassment controversies” (Claudia Kennedy case; female-on-male touching case; spanking initiation), May 15, 2000. “Comment of the day“, May 5-7, 2000; “Recommended reading” (Roland White in London Times on chill to office banter), Jan. 25, 2000. “Harassment-law roundup” (bathroom graffiti; Boston bar owner’s insensitive decorations; pin-ups and porn in police station), May 4, 2000. “Book feature: ‘The Kinder, Gentler Military’“, April 3, 2000. “The shame of the ACLU” (Aguilar v. Avis: ACLU intervenes on anti- free-speech side), Sept. 7, 1999; “Speech police go after opinion articles, editorial cartoons“, August 28-29, 1999. “Harassment-law roundup” (Internet startups vulnerable), May 4, 2000; “Dot-coms as perfect defendants“, Jan. 17; “Harassment-law roundup” (Juno case), Feb. 19-21, 2000. “Oops! Didn’t mean nothing by that, ma’am” (“Hello, good looking” directed at harassment trainer), Dec. 21, 1999. “Suppression of conversation vs. improvement of conversation“, Nov. 12, 1999 (excerpts from Joan Kennedy Taylor book); “Risks of harm“, Nov. 13-14, 1999; “Harassment-law roundup” (Taylor book discussed), Feb. 19-21, 2000. “Courts actually begin to define ‘harassment’; activists in shock“, August 6, 1999. “Please — there are terminals present” (South Park on sexual harassment), July 30, 1999. Articles by Overlawyered.com editor Walter Olson: “Title IX’s Invisible Ink” (Supreme Court invents right to sue schools over student-on-student harassment), Reason, August/September 1999. “A Legacy of Dirty Laundry” (brief contribution to symposium on harassment law), The Women’s Quarterly, Winter 1999. “Have the Harassment Rules Changed?“, Wall Street Journal, April 6, 1998 (judge’s dismissal of Paula Jones lawsuit). “Punch the Clock, Sue the Boss“, New York Times, March 20, 1998. “Shut Up, They Explained” (“zero-tolerance”), Reason, June 1997. “The Long Arm of Harassment Law“, New York Times, July 7, 1996. ?When Sensitivity Training Is the Law? (Connecticut law requires training of managers), Wall Street Journal, January 20, 1993. In addition, The Excuse Factory (1997) includes two chapters on harassment law, namely chapter 4 (“Fear of Flirting”) and chapter 14 (“Workplace Cleansing”). Neither is online. |
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Other resources: Websites “Freedom of Speech vs. Workplace Harassment Law” (highly informative site maintained by Prof. Eugene Volokh, UCLA Law School) Organizations
The shelf of books critical of the overreach of harassment law got at least three important additions in 1999. Daphne Patai of the University of Massachusetts, known already as a co-author of Professing Feminism: Cautionary Tales From the Strange World of Women’s Studies, published Heterophobia: Sexual Harassment and the Future of Feminism. Cathy Young, columnist for the Detroit News, published Ceasefire: Why Women and Men Must Join Forces to Achieve True Equality. And Joan Kennedy Taylor, associated with the Cato Institute, published What to Do When You Don’t Want to Call the Cops: Or a Non-Adversarial Approach to Sexual Harassment. (Also see our editor’s 1997 contribution, The Excuse Factory.) |