Archive for February, 2014

Letting child wait in car a few minutes

“In [a New Jersey] appeals court decision last week, three judges ruled that a mother who left her toddler sleeping in his car seat while she went into a store for five to 10 minutes was indeed guilty of abuse or neglect for taking insufficient care to protect him from harm.” The child was unharmed. [Lenore Skenazy, New York Post and Free-Range Kids] Author Lenore Skenazy, who has written about hundreds of instances of questionable legal protectiveness or overprotectiveness at her Free-Range Kids blog, will be speaking at the Cato Institute in Washington, D.C. on Wednesday, with me commenting; the event is free and open to the public, but you need to register here. (Update: postponed due to weather)

And: Scott Greenfield has more thoughts on the impulse to bring brief episodes of unattended back-seat child solitude into the criminal, therapeutic or supervisory orbit. Like so many others of my generation, I was left in the car during brief shopping errands by my own decidedly conscientious and non-abusive mother.

February 3 roundup

  • “Class counsel in Facebook ‘Sponsored Stories’ case seeks to impose $32,000 appeal bond on class-action objectors” [Public Citizen, Center for Class Action Fairness]
  • The best piece on bar fight litigation I’ve ever read [Burt Likko, Ordinary Gentlemen]
  • Casino mogul Adelson campaigns to suppress online gaming; is your state attorney general among those who’ve signed on? [PPA, The Hill]
  • Foreign Corrupt Practices Act (FCPA): “Anyone who values the rule of law should be alarmed by the ADM enforcement action.” [Mike Koehler]
  • New FMCSA rules on length of workweek make life difficult for long-haul truckers [Betsy Morris, WSJ via Lee Habeeb and Mike Leven, National Review and more]
  • “It takes a remarkable amount of nerve to cobble together publicly available facts, claim you’ve uncovered a fraud on the government, and file a lawsuit from which you could earn substantial financial benefits.” [Richard Samp, WLF] Whistleblower-law lobby tries to get its business model established in West Virginia [W.V. Record]
  • Pittsburgh readers, hope to see you tomorrow at Duquesne [law school Federalist Society]

Clemency and presidential power

An official with the Department of Justice has signaled that the administration may be willing to consider much more extensive use of presidential clemency for inmates serving long sentences for nonviolent drug offenses under the former sentencing regime, a development I welcome in a new Cato post. Further observations from Mark Osler and Doug Berman (“there are currently over 3,500 pending pardon and commutation applications at the White House right now” which makes it a little odd to suggest that the missing ingredient is more applications) and more [excerpts from speech by Deputy Attorney General James Cole].

Michael Mann vs. National Review, cont’d

If a thin-skinned academic sues a magazine for criticizing him too harshly, and you find yourself hoping the magazine will get sued into bankruptcy because you disagree with its views, you might not want to claim for yourself the honorable word liberal [Damon Linker/The Week, Stephen Carter/Bloomberg, Eugene Volokh on role of libel insurance, earlier here, here, etc.]

Consumer nondisparagement clauses

A few weeks ago a furor broke out after it was reported that a company called KlearGear had billed customers $3,500 for giving it a negative review, pursuant to a non-disparagement clause prohibiting “any action that negatively impacts KlearGear.com [or] its reputation.” Now it seems a company purveying refrigerated wine cabinets is using a similar clause [Matthew Hunt, Scotch Tape and Duct Whisky via WineBerserkers.com]