- Conservative-turned-away case: “Jurors say they saw hiring bias at U. of Iowa” [Des Moines Register, Caron, Adler/Volokh] Wagner will seek retrial [Daily Iowan]
- David Lat on the GMU Law conference on law school and lawyer markets [Above the Law, earlier]
- ABA accreditors defend, but tinker with, standards for minimum law school libraries [Caron]
- “Comparative notes on German legal education” [Darryl Brown, Prawfs]
- Spinoff of Miller-Jenkins case: Janet Jenkins sues Liberty U. School of Law charging assistance to custody-nappers, dean calls suit frivolous [ABA Journal]
- “Law Schools Now 5-0 in Placement Data Fraud Lawsuits by Alums” [Caron] Charles E. Rounds, Jr. reviews Brian Tamanaha book [Pope Center]
- Does Peoria, Ill. need a new law school? Surely you jest [Campos]
Archive for November, 2012
Governments forcing out private editors: it’d never happen here. Right?
I’ve expanded into a longer Cato post my item about how (according to the New York Times) incoming French president François Hollande demanded and got the dismissal of the editor of Le Figaro, the leading opposition (conservative) newspaper. If you think such things would never happen in this country, you might want to catch up on a couple of stories from Chicago and Boston. The post is here.
P.S. They’re still fighting in Washington over media cross-ownership rules.
CFTC: InTrade prediction market is selling options, and requires our permission
“The CFTC is suing popular betting site Intrade. And now Intrade is telling its [U.S.] customers to start shutting down their accounts.” [Business Insider, Alex Tabarrok]
The CFTC says bets on future events must be exchange-traded as a way of assuring “market integrity,” but Bryan Caplan begs to differ:
The CFTC’s real complaint is that consumers eagerly bet on Intrade because the company exemplifies market integrity: “I trust Intrade with my money because of their reputation, not government regulation.” …The only people the CFTC is “protecting” are their own obsolete employees.
Brian Doherty notes that the CFTC’s press release is “strangely devoid of any mention of anyone being victimized or defrauded.” Followup: Tabarrok.
Compelled-wedding-photography case reaches New Mexico Supreme Court
I’m pleased to report that I filed a friend-of-the-court brief, on behalf of the Cato Institute, Dale Carpenter, and myself, arguing that wedding photographers (and other speakers) have a First Amendment right to choose what expression they create, including by choosing not to photograph same-sex commitment ceremonies. All the signers of the brief support same-sex marriage rights; our objection is not to same-sex marriages, but to compelling photographers and other speakers [to create] works that they don’t want to create.
As Ilya Shapiro explains further at Cato, the litigation before the New Mexico Supreme Court hinges in substantial part on whether the photographers are entitled to claim religious-liberty protection against the discrimination claim, but the Cato amicus brief advances a distinct alternative theory under which they deserve to prevail:
Our brief explains that photography is an art form protected by the First Amendment because clients seek out the photographer’s method of staging, posing, lighting, and editing. Photography is thus a form of expression subject to the First Amendment’s protection, unlike many other wedding-related businesses (e.g., caterers, hotels, limousine drivers).
The amicus brief in Elane Photography v. Willock is here; I’m happy to say I played a bit part in helping to advance it. Earlier on the case here, here, and here; and more from George Will.
Do French administrations even pretend to observe the niceties?
Incoming Socialist president François Hollande demanded and received the dismissal of the editor of Le Figaro, the country’s top conservative newspaper, whose owners have military-contracting interests and must cultivate the goodwill of the state. [Scott Sayare, New York Times]
Torts roundup
- Adventures in causation: Per $19 million Mississippi verdict, fumes from leftover gasoline caused birth defects, asthma [Insurance Journal]
- Legal academia watch: lawprof proposes massive expansion of liability for parents [TortsProf]
- University of Virginia’s torts giant: “A Tribute To Jeffrey O’Connell” [U.Va. Dean Paul Mahoney, Virginia Law Review (PDF) via TortsProf]
- “Proposed civil justice reform in Canada” [Ted Frank]
- “Town Owes $10M To Pupil Paralyzed In School Beating” [New Jersey Law Journal; Irvington, N.J.]
- Businesses steer clear of Philadelphia litigation climate [Jim Copland, Inquirer; Trial Lawyers Inc. update]
- Longtime West Virginia attorney general Darrell McGraw, disliked by business, toppled in re-election bid [Charleston Gazette-Mail]
Baleful brownstones: serial ADA complainant hits Upper West Side
Wheelchair-riding Linda Slone, 64, is suing 39 shops in her neighborhood for not being handicapped-accessible.
The legal crusade is netting her thousands, but Slone, who cannot walk because of polio, insists she is simply championing the rights of the disabled.
“If you think this is a money-making scheme, you’re dead wrong,” said Slone, a speech pathologist.
The Florida-based Weitz Law Firm, which represents Slone, “also represents Zoltan Hirsch, a Brooklyn double amputee who The Post revealed last year filed 147 suits citing the Americans with Disabilities Act.”
Scott Greenfield wonders what the brownstones of Columbus Avenue will look like by the time the shopowners and landlords somehow manage to completely ADA-proof them.
New Jersey: taking land to save it?
If the town’s dune project saved their house but also spoiled their view, are the oceanfront owners owed compensation? [Asbury Park Press]
November 26 roundup
- Car dealers sue Tesla for selling direct to customers [NPR via @petewarden]
- Had the measure been “fatalities per 100,000 miles driven above urban speeds” this story might have been a good bit less “amazing” [Fair Warning]
- No GOPers want to take away anyone’s contraception? Maybe Sen.-elect Cruz means no elected GOP officials [my new Secular Right post]
- Trial lawyers, FDA, New York Times continue hot on trail of caffeinated energy drinks [Jacob Sullum, Abnormal Use, earlier]
- Lawsuit aims to strike down SEC’s resource extraction disclosure rules [Prof. Bainbridge]
- Quebec language muscle: “After series of fire-bombings, Second Cup coffee shops added the words ‘les cafes’ to signs” [Canadian Press]
- The CPSIA effect, cont’d: more makers of kids’ apparel drop out rather than cope with CPSC rules [Nancy Nord] More: Katherine Mangu-Ward, Reason.
Class action law, for export?
Better sort out the ethical issues first [Edward Siedle, Forbes]