I’m quoted in this Carolina Journal article by Karen McMahan. “Chapel Hill became the first municipality in the nation to issue such a far-reaching ban when the town council enacted the measure March 26 by a 5-4 vote. The law goes into effect June 1.” Earlier on distracted driving here, etc.
Archive for April, 2012
The Times covers ADA filing mills
Although you might say they’re a little late to this story, it’s still a welcome development. I discuss the piece and its background in a new Cato post (& welcome Glenn Reynolds/Instapundit readers). Hans Bader and Jacob Sullum also weigh in.
While we’re at it, here are some more links not yet blogged in this space on this busy extraction industry: Hackensack, N.J. has its own serial ADA filer [Bergen Record; letter from Marcus Rayner, NJLRA]. California small businesses continue their protests [Lodi News-Sentinel, background on George Louie; ABC L.A. (Alfredo Garcia, who’s filed hundreds of ADA suits, described as “illegal immigrant and convicted felon”; background on his attorney, Overlawyered favorite Morse Mehrban)] And in case you were wondering about the enabling role of the courts, here’s a recent Ninth Circuit decision ruling it an abuse of discretion for a trial court to have cut a lawyer’s fee award in an ADA barrier case [Bagenstos, Disability Law] Much more at our ADA filing mills tag.
April 18 roundup
- “MPAA: you can infringe copyright just by embedding a video” [Timothy Lee, Ars Technica]
- NYC: fee for court-appointed fire department race-bias monitor is rather steep [Reuters]
- Larry Schonbron on VW class action [Washington Times] Watch out, world: “U.S. class action lawyers look abroad” [Reuters] Deborah LaFetra, “Non-injury class actions don’t belong in federal court” [PLF]
- Will animal rights groups have to pay hefty legal bill after losing Ringling Bros. suit? [BLT]
- You shouldn’t need a lobbyist to build a house [Mead, Yglesias]
- “Astorino and Westchester Win Against Obama’s HUD” [Brennan, NRO] My two cents [City Journal] Why not abolish HUD? [Kaus]
- “Community organized breaking and entering,” Chicago style [Kevin Funnell; earlier, NYC]
Self-defense, black on white
Radley Balko on the John McNeil case from Georgia. By reversing some of the assumed racial valences, will it give partisans on both sides reason to think harder about both the value of self-defense rights and the importance of a neutral rule of law? Well, one can hope.
Alienation of affections in North Carolina
Kyle Graham asks why that variety of “heartbalm” action remains a vital and frequently used tort in the Tarheel State, but not elsewhere, though it remains on the books in ten or so other states. “The popularity of the tort in North Carolina suggests, at least to me, the importance of inertia and claim consciousness in tort law.”
Distantly related: demise of Breach of Promise to Marry laws linked to rise of engagement rings [Margaret Brinig via Matthew O’Brien via Sullivan]
Hair-raising
“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people nationwide, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled.” Among the cases: that of Santae Tribble, who spent 28 years in prison following a murder-robbery conviction based on claimed hair identification now known to be erroneous. [Washington Post, more]
Follow-up from the Post on the Justice Department’s lack of transparency; and see my colleague Tim Lynch’s post at Cato.
Because what could go wrong?
The Equal Employment Opportunity Commission (EEOC) is said to be readying policy guidance aimed at curbing employers’ consideration of criminal and credit records in hiring. [WSJ editorial]
Labor and employment law roundup
- Court rebukes EEOC in big sex harassment class action against trucking firm [Memphis Commercial Appeal]
- Union protects some dodgy educators: “Found to Have Misbehaved With Pupils, but Still Teaching” [New York Times]
- Spain changes its labor law [Global Post]
- Employment-law blogs debate employment at will [Jon Hyman]
- James Sherk of Heritage on proposed Employee Rights Act;
- Unlawful under Contracts Clause to alter public employee pensions? Really? [Secunda, Workplace Prof; Barnes v. Arizona State Ret. Sys., Ariz. Super. Ct., No. CV-2011-011638, 2/1/12]
- Coalition challenges Connecticut governor’s executive order aimed at unionizing home health aides [Michael Tremoglie, Legal NewsLine]
Bus accident video footage
Because of a mounted dashboard camera, you can watch the footage of a Quincy, Ill. municipal transit bus on its seemingly uneventful ride until an oncoming car suddenly loses control and swerves directly into its path. [KHQA] If you do watch the footage, released by the plaintiff’s lawyer, see whether you would have predicted that the legal outcome of the crash would turn out to be “city pays $4 million to passenger in car that lost control.” (& welcome Reddit readers).
FDA and regenerative medicine
Alex Tabarrok applies a Straussian reading to a WSJ op-ed by former FDA commissioner Andrew von Eschenbach. [Marginal Revolution]