Archive for December, 2014

Best of Overlawyered — April 2014

Monticello’s brush with ruin-by-litigation

Myron Magnet has a new article in City Journal on how George Washington’s country seat at Mount Vernon and Thomas Jefferson’s at Monticello were saved from war, insult, neglect, and legal hazard. From his discussion of Monticello:

What had happened to the house in the meantime was what happens to any property tied up in litigation: it fell once more into a Dickensian state of ruin. As the suits dragged on, Uriah Levy’s old overseer, Joel Wheeler, “took care” of Monticello and sometimes lived in it. While he grew increasingly blind, paint peeled, glass broke, shutters and gutters disappeared, grime deepened, and the roof and terraces rotted. Wheeler dug up the lawn for a vegetable garden on one side and a pigpen on the other. Cattle wintered in the cellars, and Wheeler winnowed grain on the parlor’s parquet floor. On his watch, judged Wheeler’s successor, Thomas Rhodes, Monticello “was wantonly desecrated.”

Whole thing here.

Free speech roundup

  • Long before North Korea “Interview” episode, Hollywood was caving repeatedly to power-wielders [Ron Maxwell, Deadline] Relevant: “A Tyranny of Silence,” new book by Danish-Muhammad-cartoons editor Flemming Rose published by Cato Institute [Kat Murti, earlier on the Danish cartoons, related Liberty and Law]
  • Score 1 for First Amendment, zero for Prof. Banzhaf as FCC rejects “Redskins” broadcast license attack [Volokh, earlier including the prof’s comment on that post]
  • Court dismisses orthopedist’s defamation suit against legal blogger Eric Turkewitz [his blog]
  • “Hate speech” notions reach the Right? Author claims “justice” would mean incitement “charges” vs. liberal talkers [Ira Straus, National Review]
  • Wisconsin prosecutors said to have eyed using John Doe law to aim warrants, subpoenas at media figures Sean Hannity, Charlie Sykes [Watchdog] More: George Leef on California vs. Americans for Prosperity;
  • “British journalist sentenced for questioning death toll in Bangladeshi independence war” [Guardian] Pakistan sentences Bollywood actress Veena Malik to 26 years for acting in supposedly blasphemous TV wedding scene [The Independent] Erdogan regime in Turkey rounds up opposition media figures [Washington Post editorial]
  • “Is it a crime to say things that make someone ‘lack self-confidence in her relations with the opposite sex and about her body-build’?” [Volokh; Iowa Supreme Court, affirmed on other grounds]

NYC’s expediters

Can New York City really support an army of an estimated 8,300 “expediters” who run paperwork around to city offices, wait in line, haggle with officials, and generally navigate the bureaucracy on behalf of those who need permits, licenses and other municipal decisions? It’s a testimony to the dysfunction of the city’s governance [Kanner, Renn/Urbanophile]

Best of Overlawyered — March 2014

More from the archives:

Update: “I’ll pay them a million dollars if they can do it.”

We reported five years ago on a contract-law hypothetical come to life: a criminal defense lawyer went on TV and said he’d give a million dollars if anyone could prove the prosecutor’s timeline was consistent with the known facts, whereupon an enterprising law student proceeded to do just that. The Eleventh Circuit said the proper test under Florida law was whether “a reasonable, objective person would have understood [the lawyer’s words] to be an invitation to contract.” And: “The exaggerated amount of ‘a million dollars’ – the common choice of movie villains and schoolyard wagerers alike — indicates that this was hyperbole.” And yet more: “we find it neither prudent nor permissible to impose contractual liability for offhand remarks or grandstanding.” [Ann Althouse, Lawrence Cunningham]