Archive for January, 2012

Schools for Misrule roundup

Maryland professor of mathematics emeritus Ron Lipsman reviews my book at The Intellectual Conservative, calling it “penetrating,” “comprehensive and detailed”:

He traces, in mostly a chronological fashion, how progressive philosophy and leftist ideology at first seeped into and eventually flooded the halls of American law schools. He begins by pointing out that law schools became well established on American campuses precisely during the so-called Progressive Era, 1890-1914. The law schools’ newfound prominence dovetailed nicely with the advent of professional licensure in America. By that I mean the process by which the heretofore free-for-all entry of individuals into numerous professions and vocations began to be subject to government (or government-sanctioned) certification. This became common a century ago in various American businesses and industries – from meat slaughtering to pharmacy, from barbering to chauffeuring, from teaching to medicine. Well, there was no reason to exempt lawyering from the process. And so the country’s law schools became the gatekeepers for the nation’s legal profession. Thus the faculty at the nation’s law schools – especially, those of the elite variety – obtained control over the training and philosophical outlook of the nation’s lawyers. Since we are a country under the rule of law, those who control the lawyers thereby control the law and thus the country to a great extent….

Olson’s style is actually quite engaging. Although he treats deadly serious issues with the earnestness that they deserve, he manages to maintain an understated, even restrained tone, which if anything makes his arguments more dramatic.

At Liberty Fund’s newly launched Library of Law and Liberty, lawprof/blogger Mike Rappaport after listening to my interview resolved to put the book on his reading list, having not previously appreciated how central the role of the Ford Foundation has been in influencing the schools’ development. For more on that role — as well as that of other donors like George Soros and nonprofit groups like the American Association of University Professors (AAUP) — see Scott Walter’s interesting essay in Philanthropy Daily, which includes a link to SfM.

Admit it: you want an electronic copy of Schools for Misrule for your e-reader. No problem: there are great bargains in the Books-a-Million, Barnes & Noble/Nook or Google e-books versions, the Kindle version, and the Sony version. Also check out the e-books at the Cato store, on offer this month at great savings with the code “EBOOKSALE.”

P.S. Ted Lacksonen picks up on the book’s oral-tradition “Yale Law School Anthem” (“Don’t Know Much About Property…”).

Hard times for “DIAL L-A-W-Y-E-R-S” founder

Longtime Twin Cities attorney John Murrin lost money in a dodgy business deal, and started out by pressing what critics agree were some meritorious complaints arising from it. But courts began to look askance as he added more and more actions, pleadings and (nearly four dozen) defendants. Now a sanctions order has resulted in a bankruptcy proceeding. [“Lawyer’s tactics leave him bankrupt,” Minneapolis Star-Tribune].

Ron Paul campaign sues John Does over anti-Huntsman video

“Presidential candidate Ron Paul’s campaign committee sued the unidentified makers of a video attacking ex-Republican rival Jon Huntsman claiming it falsely implies it was made or endorsed by the Texas congressman.” [Bloomberg] Paul Alan Levy contends that Rep. Paul, a longtime civil liberties advocate, should know better than to advance arguments that would if accepted narrow the legal protections afforded to anonymous political speech.

The Justice Department’s FCPA fiasco

For the third time in weeks, a federal judge has thrown out in whole or part a prosecution under the Foreign Corrupt Practices Act (FCPA), this year’s booming subject of white-collar law enforcement. What’s more, judges in more than one of the cases have criticized the tactics of the U.S. Department of Justice in truly scathing terms, just as they have criticized DoJ tactics in environmental and other white-collar prosecutions over the past year. Isn’t it time — I ask at Cato at Liberty — for Congress to investigate? [earlier; related, Nathan Vardi/Forbes] (& welcome Instapundit, Damon Root/Reason, Memeorandum, Samuel Rubinfeld/WSJ “Corruption Currents”, Radley Balko readers).

Blue-ribbon excuses: shoplifting California lawmaker

Assemblywoman Mary Hayashi (D-Hayward), who chairs the Committee on Business, Professions and Consumer Protection, has “pleaded no contest to charges that she tried to walk off with $2,500 in clothes.” [L.A. Times via Amy Alkon] “Hayashi spokesman Sam Singer has called the incident ‘a mistake and a misunderstanding.'” [Dublin Patch, KGO] “Hayashi’s attorney, Douglas Rappaport, told reporters that the lawmaker is taking medication for a benign brain tumor and that the ailment may have been responsible for her behavior.” But that doesn’t mean she’ll be taking a medical leave from her duties: according to her attorney, the tumor “is being treated with medication and no longer affects her,” reports the Sacramento Bee, which continues in a skeptical vein: “Medical experts said Monday that it is very rare, however, for a brain tumor that does not require surgery to influence behavior so significantly.” “I am confident that with the close of these proceedings, she will continue to ably serve her constituents with the same talent and passion she has displayed throughout her time in office,” wrote Assembly Speaker John Pérez in a supportive statement.

Defining who’s disabled

Lawmakers seem intent on depriving employers of any clear definition: “It is ironic that we have a much clearer means of identifying who is entitled to utilize parking spaces reserved for the disabled, you either have a government or company issued permit or you don’t, than we do making the potentially costly determination of whether an individual is disabled under the ADA or one of the state versions.” [Michael Fox]

Websites go dark to protest SOPA/PIPA

Among those closed today are Wikipedia, Reddit and Twitpic [Mashable, Kravets/Wired; Mike Masnick; Dan Fisher on yesterday’s player-piano threat; our SOPA/PIPA coverage; Cato event tomorrow on Capitol Hill via David Boaz]. Matt Sherman: “Please note that what Google, Reddit and others are doing today is corporate political speech.” Flickr’s protest idea is brilliant: it’s letting users censor each other.

Update: lawmakers have been jumping ship on the bills over the course of the day, including Senate co-sponsor Mario Rubio (R-Fla.). (Bumped to keep on top of page).