Contrary to mythmaking in some quarters, CEDAW (the Convention on the Elimination of All Forms of Discrimination against Women) does push participating governments to regulate family life and private conduct, it goes far beyond the current state of U.S. law, it is no mere hortatory exercise unlikely to affect future decisions by judges and others, it is not merely a way of pressuring countries whose record on women’s rights is inferior to that of the United States, and its force will not be rendered meaningless by the inevitable Senate declarations, reservations and understandings. [Christina Hoff Sommers, NRO; Julian Ku/Opinio Juris (“[Sommers] is certainly right that most international law scholars think the reservations have no effect and that there will be a push after ratification to get courts to recognize CEDAW and ignore the reservations.”)] More: Rachel Ryan, FrumForum.
Archive for December, 2010
December 13 roundup
- Minneapolis police arrest author-blogger-gun rights activist Joel Rosenberg [Popehat, Mark Bennett, Scott Greenfield]
- In Wal-Mart v. Dukes, Justice Ginsburg’s instincts as a proceduralist might come in tension with her instincts as a feminist [Alexandra Lahav, Mass Tort Lit]
- “Cease this shouting!” cried Grinch, “From all Yule din desist!” But he’d Moved To The Nuisance and so, case dismissed [Art Carden, Forbes]
- “San Francisco Sues to Close Down Immigration Law Firm, Claims ‘Exorbitant’ Fees” [ABA Journal]
- New ATRA report blasts overly cozy state attorneys general cooperation with plaintiff’s bar [“Beyond Reproach? Fostering Integrity and Public Trust in the Offices of State Attorneys General,” PDF]
- Nathan Myrhvold’s patent aggregator Intellectual Ventures, which said it was disinclined to sue, begins suing [The Recorder, Salmon]
- Privacy = when I choose to conceal my life data, secrecy = when you conceal yours [Kelly Young via Dave Boaz, Cato at Liberty]
- One doc’s memoir: litigation crisis as morality crisis [seven years ago on Overlawyered]
“The Chocolate Library” vs. library bureaucrats
A New York law provides that new businesses cannot register names that employ words like “library”, “school” or “academy” without the prior approval of the state education department. The department declined to approve the application of a startup East Village confiserie that calls itself The Chocolate Library, so the owner has incorporated as Chocolate 101 while hoping for a change of heart on the registration issue. He called the dispute “ridiculous”: “No one is coming in here confusing us as a library.” [NYT “Diner’s Journal”]
Righthaven update
Having defeated a Righthaven suit filed against the political site Democratic Underground, lawyers from the Electronic Frontier Foundation now would like the court to award attorneys’ fees. [Kravets, Wired “Threat Level”] Among the claims advanced by EFF in that case were that Righthaven had engaged in barratry and champerty, concepts familiar to many Overlawyered readers if in desuetude in some sectors of the legal world these days. It had also pointed out that some of the newspapers facilitating the suits themselves, or websites they operate, appear to engage in or encourage practices that might be considered wrongful under Righthaven’s theories, such as “cutting and pasting” potentially copyrighted text.
Separately, Groklaw has analyzed what happened in one sample case. Of the furor aroused by the lawsuits, “I think the benefits are worth the negative publicity,” said one executive with the Las Vegas Review-Journal’s owner at a September panel.
The entrepreneurial copyright litigation firm has also now signed up the Denver Post as a new affiliate, and has made a splash by suing the owner of the Drudge Report over its use of a photo allegedly swiped from the Colorado newspaper, an offense (if proven) presumably not as readily defended under “fair use” doctrine as some others over which it has sued.
Frontiers of federal criminalization
A case called Bond v. U.S., arising from an admittedly bizarre fact pattern involving a wife’s attempt to injure a romantic rival, provides an opportunity to test the limits of extension of federal criminal law into areas that would ordinarily serve as the occasion of state-level prosecution. The Cato Institute has filed an amicus brief urging a narrow view of the proper federal criminal role in the case, in pursuit of the view that the federal government is one of limited, enumerated powers. [Ilya Shapiro, Cato]
Dear lawmakers: please fix CPSIA
Jill Chuckas of the Handmade Toy Alliance testifies before the Senate about the Law That Stole Christmas.
Federalist Society videos online
The Federalist Society has posted numerous videos from its recent National Lawyers’ Convention, including sessions on the aggressive regulatory stance of today’s Environmental Protection Agency, the constitutionality of Obamacare, anonymity and the First Amendment in media and campaign-regulation law, NYU’s Richard Epstein debating Yale’s Bill Eskridge on the court battle over California’s Prop 8, recusal and campaign rules for judges, Dodd-Frank, and the Christian Legal Society v. Martinez case on accreditation of student groups, among other topics. And civil procedure/Iqbal-Twombly buffs may be interested in a luncheon panel held just yesterday in D.C. (I was in the audience) in which four law professors (Don Elliott of Yale, Martin Redish and Ronald Allen of Northwestern, and Rick Esenberg of Marquette) outlined ideas for reforming the Federal Rules of Civil Procedure to reduce discovery costs and improve screening of cases in the earliest stages of filing.
The video above is of the Society’s 10th annual Barbara Olson Memorial Lecture, in which Second Circuit Chief Judge Dennis Jacobs provocatively criticizes legal academia and other precincts of influential legal thinking for misunderstanding the role of the military and its relation to the law.
McDonald’s obesity class action dismissed
It took eight years to get the wretched thing thrown out. [noted earlier; Wajert, Frank, Bader]
“Red light cameras working exactly as intended”
They’re making money, even if their effect on actual road safety is ambiguous. [Radley Balko]
More financial crisis prosecutions?
Larry Ribstein is not persuaded by a ProPublica columnist’s demand for more banker scalps. [Truth on the Market]