Archive for 2014

U.K. proposal for “Extremist Disruption Orders,” cont’d

“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:

George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.

He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.

He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.

An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]

California Prop 46 and Prop 45

Besides Prop 46, which would massively raise the MICRA limit on noneconomic damages in medical liability cases and subject doctors to mandatory drug testing and other burdens — and which has been opposed by every large California newspaper as well as by the ACLU of California — there’s Prop 45, to intensify the state’s already extensive system of insurance rate regulation. Ian Adams warns against its faults at City Journal.

Whirlpool wins first musty-washer class action

Going to trial at all in a class action representing 150,000 Ohio customers was considered highly risky for the company, but a jury returned a defense verdict finding no defect. [Daniel Fisher] However, suits on behalf of statewide classes in states other than Ohio will continue, and the legal process counting the related cases — which has now grown to include two visits to the Supreme Court, not to mention the Sixth and Seventh Circuits — is going to be highly costly for the appliance makers in any event [Paul Karlsgodt] We’ve covered the saga in past posts, noting that the washer designs at issue arose in response to federal regulations that strong-armed appliance makers into finding ways to conserve water and energy compared with earlier designs.

Federalist Society 2014 National Lawyers Convention

To borrow what Eugene Volokh just posted:

The Federalist Society’s 2014 National Lawyers Convention is happening Thursday, November 13 to Saturday, November 15, and it should be an excellent event. Speakers will include Justices Scalia and Alito, Senators Mike Lee and Orrin Hatch, former Attorney General Michael Mukasey, former ACLU head Nadine Strossen, Carly Fiorina, and former BB&T Corp. head John Allison (now head of Cato). Academic panelists will include — among many others — Richard Epstein, Chai Feldblum, Gail Heriot, Lucian Bebchuk, Jonathan Turley, Neal Katyal, Randy Kennedy, our own Jonathan Adler and Nick Rosenkranz, and [Eugene Volokh].

I expect to attend, so if you’re a reader, please feel free to introduce yourself.

“So, what’s the best defense to a discrimination claim?…”

“…Hire others in the same protected group.” [Jon Hyman, Ohio Employer’s Law Blog] Wait a minute. Isn’t that discrimination? And if, as Jon Hyman argues with some show of logic, employers have a strong incentive to follow this advice in replacing a dismissed employee given the way courts currently handle bias complaints, should we be disturbed that the law is itself encouraging discrimination?

October 31 roundup

  • “Government Is the Biggest Threat to Innovation, Say Silicon Valley Insiders” [J.D. Tuccille, Reason]
  • Acrimonious split between Overlawyered favorite Geoffrey Fieger and long-time law partner Ven Johnson [L.L. Brasier, Detroit Free Press]
  • Case against deference: “Now More Than Ever, Courts Should Police Administrative Agencies” [Ilya Shapiro on Perez v. Mortgage Bankers Association; boundary between “interpretive” and “legislative” agency rules]
  • “The Canary in the Law School Coal Mine?” [George Leef, Minding the Campus] Ideological diversity at law schools [Prof. Bainbridge and followup]
  • Familiar (to economists) but needed case against state auto dealership protection laws [Matt Yglesias, Vox; our tag]
  • Trial lawyers dump millions into attempt to defeat Illinois high court justice Lloyd Karmeier [Chamber-backed Madison County Record, Southern Illinoisan]
  • A genuinely liberal regime would leave accreditation room for small Massachusetts college that expects students to obey Biblical conduct standards [Andrew Sullivan, more]

Houston mayor withdraws pastor subpoenas

One instance of abusive litigation discovery down, 437,816 to go. [WSJ Law Blog, Houston Chronicle, City of Houston, earlier]

More from Scott Shackford, Reason: “Oppressive subpoenas like this happen all the time, which is probably why Houston didn’t even realize it was poking at a hornet’s nest. Cities across the country fight back like this against citizens attempting to exert their right to influence municipal policy. … If the targets hadn’t been pastors, would we even had known about the subpoenas?”