Archive for November, 2010

Back to the campus speech code wars?

According to FIRE, the Foundation for Individual Rights in Education, an “anti-bullying” bill lately introduced in Congress would alter the definition of harassment in such a way as to give university administrations a strong incentive to punish many forms of controversial student speech, and also press those administrations to monitor students’ use of Facebook and other social media in intrusive ways. I’ve got a new post at Cato at Liberty relaying some of the warnings (welcome Instapundit and Fark readers).

“Rent Too High” candidate sues New York election board

“The founder of ‘The Rent is Too Damn High Party’ is outraged that in 2006, when he ran for governor, and three years later, when he ran for mayor, the board took the world ‘Damn’ off his ballot line.” Officials say it was a matter of lack of space; in the last election they were able to accommodate his imprecation in the ballot heading by shortening the party title to, “Rent is 2 Damn High Party.” He’s representing himself and wants $350 million. [New York Post]

November 23 roundup

  • Growth of regulatory state makes lobbying more attractive path than innovation [Morris Panner, WaPo]
  • Long-awaited Norma Zager book flays Erin Brockovich role in Beverly Hills High School controversy [CJAC]
  • Colorado high court: no need to limit medical fee awards to sums plaintiffs actually paid [CCJL, Law Week Colorado]
  • Please, law firm marketers, don’t assume we’re in need of your services [Popehat]
  • Updates on prosecutorial silencing of pain treatment activist Siobhan Reynolds [Sullum, more, yet more, Balko]
  • Comments of NTSB official notwithstanding, riding motorcycle without helmet is no “public health issue” [Boaz, Cato] Watch out for more paternalism premised on government health care expenditures [Coyote]
  • No contracting out? Can California really be this screwed up? [Coyote]
  • Claim: railroad should have warned against walking on the right-of-way [six years ago on Overlawyered]

Loco parentis: schools to send parents “your kid’s too fat” notes

Joining the obesity-as-public-health-issue crusade, Flagstaff, Arizona schools will begin weighing all students, after which they will send home warning notes to parents of kids who fail to conform to desired weight ranges. Apparently about half of students are expected to fall outside those ranges. [Arizona Daily Star, which likes the idea; Daily Caller]

November 22 roundup

Product liability edition:

  • You mean cigarettes were dangerous? “Florida jury awards $80M to daughter in anti-smoking case” [AP]
  • “Acne drug not found to increase suicide risk” [BBC, earlier on Accutane here, here, etc.]
  • “Man hit by jar of exploding fruit says $150,000 award isn’t enough” [Detroit News via Obscure Store]
  • Chicago accident coverage exemplifies Toyota acceleration hysteria [Fumento/CEI] NHTSA-NRC panel findings on subject [PoL]
  • Strict product liability is in decline, according to Prof. David Owen [Abnormal Use]
  • More questions raised on $500 million Nevada hepatitis verdict [PoL]
  • Notwithstanding chatter in press about toxic cosmetics, study finds cosmetologists have below-average cancer rates [David Oliver]
  • Florida juries repeatedly hold Ford liable for millions when drivers fall asleep [five years ago on Overlawyered]

Another “breastaurant” battle: Twin Peaks vs. Grand Tetons

Trade undress, cont’d: two restaurant companies by the names of Twin Peaks and Grand Tetons (doing business as “Northern Exposure”) are now sparring in court over whether the latter improperly copied the former’s Hooters-meets-wilderness-lodge eatery concept [Siouxsie Law, Dallas Observer] In 2004, Hooters itself sued a rival establishment named WingHouse which it claimed had improperly copied distinctive elements such as its servers’ provocative manner of dressing.

“Cell Phones and Brain Cancer: What Was The New York Times Thinking?”

Through its uncritical coverage of the purported radiation hazards of cellphones — taken up by noted toxics alarmist Devra Lee Davis as her latest crusade — the New York Times is taking chances with its credibility. Author Randall Stross seems unfamiliar with the tendency of companies to warn (on lawyers’ advice) against supposed risks they have good reason to consider non-existent, as in pharmaceutical package inserts and many other contexts [David Oliver, earlier, more]