Rob McKenna, attorney general of the state of Washington, is among many state AGs who has joined in courtroom challenges to ObamaCare. Now a local “public interest” law firm, Smith & Lowney, has sued McKenna on behalf of a group of residents who disagree with that decision, saying he is breaching his duty to represent the state’s citizenry by taking a view contrary to theirs. [KOMO]
Archive for May, 2012
Labor and employment roundup
- Failure to accommodate employee’s religious belief forbidding hair-cutting results in $27K payout by Taco Bell operator [EEOC, North Carolina]
- There’s a reason they call it Government Motors: nonunion GM assembly workers get shaft [Fountain]
- Mayor Bloomberg refreshingly sane on “living wage,” though not alas rent control [Heather Mac Donald, Secular Right]
- “The cost of labor isn’t the main problem, it’s the rigidities,” says French CEO [Bloomberg]
- Maryland governor signs bill softening “workplace fraud” law that bedevils firms that use independent contractors [H.B. 1364, earlier]
- Watch out for ghastly, mislabeled “Paycheck Fairness Act,” they’re trying to bring it back [Diana Furchtgott-Roth, Examiner, earlier]
- “The most infuriating part of this is that it takes five years of litigation to fire a badly behaved police officer” [Josh Barro, Masnick/TechDirt, on cop’s harassment of skateboarder; Baltimore Sun (police union calls officer’s firing “outrageous.”)]
Good news for farm families
As I relate in a post at Cato at Liberty, the Obama Labor Department has withdrawn a far-reaching proposal that would have banned much or most work done by kids on farms, even work for their own family members (a narrow exemption would have remained in cases where parents were the sole owners of a farmstead). The proposals drew a huge outcry from rural America (earlier here and here).
According to the American Farm Bureau Federation (PDF),
For approximately a decade, activists have attempted to pass legislation amending the Fair Labor Standards Act (FLSA) to restrict the ability of youth under the age of 16 to work in agriculture. The legislation has never been scheduled for a vote or even a hearing, and the DOL-proposed rule change is [was] apparently an effort to restrict youth employment in agriculture through regulation.
If it seems impossibly extreme to forbid 15-year-olds from feeding chickens at a neighboring farm owned by their aunt, be aware that many groups organized around the fine-sounding mission of ending “child labor” would like to institute bans that go even further. For example, an NGO by the name of Global March Against Child Labor (represented in Washington, D.C. here) supported the DoL rules and declares itself “of the view that child labour in agriculture should not be allowed in any part of the world and in any form- whether as family labour or as hired labour.”
P.S. For more pro-ban sentiment, see this piece by AP labor correspondent Sam Hananel stenographizing the views of groups like Human Rights Watch.
FCPA: a success
At remedying the culture of bribery that afflicts so much of government in Mexico and other countries, the U.S.’s Foreign Corrupt Practices Act has been an utter and rather absurd failure. But the law has succeeded in its most important objective: making us feel good about ourselves [Steve Chapman, syndicated/Chicago Tribune]
More: Alison Frankel on the Sarbanes-Oxley angle; Catherine Dunn, Corporate Counsel, on the Mexican side of the Wal-Mart scandal.
I had no authority to do that
A California attorney reached a $350,000 settlement just before a jury returned with its verdict on his client’s suit. Turned out the jury had been prepared to award $9 million. The plaintiffs attorney, C. Michael Alder, who is president of the Consumer Attorneys of Los Angeles, then told a judge that his developmentally disabled and brain-damaged client (who had been severely injured after jumping out of an ambulance) had not properly authorized him to settle the case. Los Angeles County Superior Court Judge Michael Johnson granted a new trial. [The Recorder, ABA Journal, Judicial Hellholes and followup]
May 3 roundup
- Salute to Bill Childs, who blogged with distinction at TortsProf, on departing academia for private practice [Sheila Scheuerman and Chris Robinette]
- North Carolina voters who know that Amendment One would ban civil unions oppose the measure by 22 points; unfortunately, most don’t know that [Greg Sargent, WaPo; earlier] Patrick at Popehat proposes 5 things Tar Heels can do to help defeat it;
- Cellphone app to hail nearby taxi? DC government searches for a way to keep that illegal [Julian Sanchez, Cato at Liberty]
- Can’t the left-wing Alliance for Justice be at least minimally consistent on Supreme Court ethics? [Freedman, Legal Ethics Forum]
- On lawyer jokes [David Conway and commenters, Law and Liberty]
- “2,000 patents have been granted for shaped pasta” [Doctorow; see also Martin Weiss (“It pays to noodle around in the lab”)]
- Texas barratry law trips up state rep [Southeast Texas Record, ABA Journal]
My Jim Bohannon Show appearance on Schools for Misrule
Cato has posted the audio of my appearance with Jim Bohannon on his highly ranked national radio show to discuss Schools for Misrule.
P.S. Thanks also to Kyle Graham for the mention in his post on historical trends in law school curriculum.
Nutella maker settles class actions, cont’d
As reported in January, the maker of the tasty chocolate-and-hazelnut spread has been paying millions to settle class actions filed on behalf of consumers purportedly outraged to find it is not a health food. Among the new coverage: David Paulin, American Thinker; Rebecca Stropoli, The Exchange/Yahoo.
Free speech roundup
- “People’s Rights Amendment” paves way for government control of media and trampling of many other rights. Is your Rep a sponsor? [Volokh, more, Somin]
- Indian skeptic charged with blasphemy for revealing secret behind “miracle” of weeping cross [Doctorow] “Arab world’s most famous comedian” jailed in Egypt on charges of “insulting Islam” [Volokh]
- “Is the Real Intent of Cyber-Bullying Laws to Eliminate Criticism of Politicians?” [Coyote]
- Timothy Kincaid: why I oppose the California “don’t say ex-gay” therapy-ban bill [BTB]
- More on unreasonable IRS demands of tea party groups seeking nonprofit status [Stoll, Anne Sorock/Bill Jacobson, Houston Chronicle, earlier]
- Denmark Supreme Court, 7-0, strikes down conviction of Lars Hedegaard for criticizing Islam in own home [Mark Steyn] Institute of Public Affairs launches campaign to defend free speech in Australia [Andrew Bolt case earlier] Free speech in Britain looking the worse for wear [Cooke, NRO] Belgian court throws out lawsuit seeking ban on allegedly racist “Tintin” comic book [Volokh] Group files criminal complaint against Swiss magazine over cover story on Roma crime [Spiegel]
Law schools begin to shrink
George Leef wonders whether economic necessity will drive them to radical, even Olsonian, lengths. [NRO “Phi Beta Cons”]
P.S. Ann Althouse wonders why, quizzed about the Elizabeth Warren brouhaha, law school administrators don’t have the courage of their oft-expressed convictions on minority recruitment. And see thoughts from John Rosenberg and Hans Bader at Minding the Campus.