Archive for July, 2009

House passes food-safety measure

The vote was 283-142. From the New York Times account, which quotes four named supporters of the bill and no opponents, you’d barely get any sense of why the bill might be considered controversial. But the San Francisco Chronicle, L.A. Times, Des Moines Register and Omaha World Herald have all reported on what the first-named called the “uproar among small farmers”. McClatchy’s summary confusingly suggests that farms “in part” are not covered by the bill (those already regulated by USDA won’t be subject to the FDA), but it does establish clearly why the main impacts of the bill are likely to be felt gradually rather than immediately:

The bill orders federal agencies to prepare certain food safety regulations. But these highly detailed regulations will be years in the making.

Notably, the bill gives the Department of Health and Human Services three years to establish “science-based standards for the safe growing, harvesting, packing, sorting, transporting and holding of raw agricultural commodities.” These standards could cover everything from manure control and employee hygiene to water quality.

Federal officials must also prepare regulations establishing a tracing system to “identify each person who grows, produces, manufacturers, processes, packs, transports, holds or sells” dangerous food.

More: Greg Conko, CEI, Carter Wood, ShopFloor; on the outcry from organic producers, Reuters and Taylor Blanchard/Charlotte Examiner.

Standing for trees to sue

Critics of Obama science czar (and sometime Paul Ehrlich-ite) John Holdren are noting that way back in the 1970s he had favorable words for law professor Christopher Stone’s notion of extending to trees and other natural objects a right to sue, a concept endorsed by none other than Supreme Court Justice William O. Douglas. This prompts a poetic flight from one of Jonah Goldberg’s readers at National Review Online:

I think that I shall always rue
The day a tree got rights to sue.

A tree whose hungry lawyer’s plea
Is filed on a contingency…

“Revenge of the ‘Shoe Bomber’”

“I am at war with America,” says convicted shoe bomber Richard Reid, whose inmate litigation has been enjoying more success than one might expect. Reid has argued that his freedom of religion requires prison officials to permit him access to “group prayers” with co-believers; other jihadists are also housed at the federal prison in Florence, Colorado. Now federal prison authorities are considering moving him to a different facility [Debra Burlingame, Wall Street Journal]

$1.6 billion tax break for plaintiff’s lawyers

According to the U.S. Chamber-backed Legal NewsLine, the litigation lobby is quietly preparing to push through a $1.6 billion (with a “b”) tax break that would let contingent-fee lawyers deduct expenses as made, rather than in the year of settling a suit. American Association for Justice lobbyist Linda Lipsen says Sens. Harry Reid and Max Baucus and Reps. Nancy Pelosi and Charles Rangel are among those on board, as well as “some Republicans”, but “the problem is there is not a tax vehicle yet,” — “You cannot have a stand alone bill to help lawyers … so we have to tuck it into something.” [cross-posted, and slightly adapted, from Point of Law; updates and additional links there]

“The unique hell that is Massachusetts alimony law”

The Bay State’s law is seriously hostile to breadwinners, but also exceedingly vague, giving ex-spouses reason to contest and appeal every issue. Reform in the state legislature is perennially getting derailed by lack of lawyer support:

Guy Ferro, the Connecticut family law attorney, says they won’t [work against their own financial interest]. Indeed, when a committee of the American Academy of Matrimonial Lawyers tried to draft alimony guidelines, other attorneys successfully pushed to spike that initiative. Ferro says the thinking was: “If a person can go to guidelines and plug in a number to show what they have to pay in alimony and for how long, what do they need lawyers for?”

[Boston Magazine via Above the Law]