Archive for 2014

“The Facebook Comment That Ruined a Life”

Eighteen-year-old guys have been known to say stupid things online, especially when engaged in displays of flaming and one-upmanship. Criminal-sentence kind of stupid? “I guess what you post on Facebook matters,” says Justin Carter of San Antonio, jailed after an all-caps flourish about how he was ready to “shoot up a kindergarten.” [Dallas Observer]

P.S. A related Missouri story from last year.

Schools roundup

  • “Attorney parents of ‘mathlete’ lose again in legal battle over right to select son’s algebra teacher” [Martha Neil, ABA Journal, earlier]
  • One reason NYC doesn’t close schools amid brutal winter storms? They’ve got a food program to run [Business Insider; James Panero, NYDN]
  • Should Gov. Deval Patrick, CNN host Piers Morgan apologize to townspeople of Lunenburg, Mass.? [Chuck Ross, The Federalist]
  • Kansas school-finance suit tests whether litigators can end-run elected officials on taxes and spending [WSJ, compare Colorado]
  • Lenore Skenazy (who’ll speak at Cato Mar. 6) on the Wellesley “Sleepwalker” sculpture flap: “Once we equate making people feel bad with actually attacking them, free expression is basically obsolete” [WSJ]
  • “School Found Liable After Child Sneaks Onto Roof And Falls” [Erik Magraken; British Columbia, Canada]
  • National Research Council issues report on Institutional Review Boards (IRBs) [Zachary Schrag first, second, third, fourth posts]
  • Vergara v. California: notwithstanding the hoopla, bringing more lawsuits might actually not be the best way to save American education [Andrew Coulson]

Ninth Circuit recognizes right to carry arms

I’ve got a post at Cato at Liberty on today’s big decision in Peruta v. County of San Diego, in which a Ninth Circuit panel struck down a licensing scheme under California law in which even persons with legitimate self-defense concerns were unable to get permission to carry handguns outside the home.

More from David Kopel and Eugene Volokh on how “today’s decision creates a split of the Seventh and Ninth Circuits vs. the Second, Third, and Fourth Circuits,” on the court’s reasoning on open vs. concealed carry (an individual right to bear implies that at least one of the two must be allowed), and on how the substantial majority of states already have laws according respect to the freedoms at issue here (& welcome Jim Geraghty/NRO readers; I was also a guest on the Michael Graham Show Friday afternoon to discuss the ruling).

William J. Watkins, Jr., “Patent Trolls”

New 96-page paperback available from the Independent Institute. I wrote a blurb:

In clear and non-lawyerly language, Patent Trolls spells out why patent trollery is so loathed and so lucrative: its rapid rise (with lawsuits quintupling in the past three years), the havoc it’s wreaking from Silicon Valley down to your local restaurant and hotel; and the reasons it can be so hard to distinguish trolls from legitimate patent claimants. He lays out remedies worth considering.

— Walter K. Olson, Senior Fellow, Cato Institute; author, The Litigation Explosion and The Rule of Lawyers; editor, Overlawyered.com

Speaking of restaurants, the latest business to speak out about its bad experience with patent trolls is the venerable hamburger chain White Castle.

“The plot to make Big Food pay”

“Lawyers are pitching state attorneys general in 16 states with a radical idea: make the food industry pay for soaring obesity-related health care costs. … So far none have agreed to sign on.” One hope: the theory popularized by former FDA chief David Kessler that bacon, brownies and buttered popcorn should be seen as “addictive.” Paul McDonald, a Chicago lawyer who is organizing the campaign, is described as a former “senior counsel at Kraft Foods.” [Helena Bottemiller Evich, Politico]

Financial and banking roundup

  • Following vindication, Mark Cuban begins transcribing transcripts of other SEC trials on his blog [Blog Maverick, background] “Why Settling With The SEC Can Be Worse Than Losing At Trial” [John J. Carney, David Choi and Francesca Harker]
  • Congress needs to investigate whether administration browbeat Standard & Poor’s over sovereign debt rating [John McGinnis]
  • As regs squeeze banks out of small business lending, will we like non-bank alternatives as well? [John Cochrane] More: Kevin Funnell;
  • Cash business can’t bank its proceeds: “Robber gangs terrorize Colorado pot shops” [NBC News]
  • “Will Plaintiff Lawyers Cut Down On The Choices In Your 401(k)?” [Daniel Fisher]
  • Does Delaware have an incentive to keep securities lawyers happy with big fees? [Bainbridge]
  • “It’s Time To Grill the Federal Reserve About Bitcoin” [Ira Stoll]

Nanny state roundup

  • Sock puppets: U.K. and E.U. governments both fund public advocacy campaigns on paternalism themes, effectively lobbying themselves at taxpayer expense. Sounds kinda familiar [Christopher Snowdon on Institute for Economic Affairs studies]
  • Federal government, in the form of the CDC, wishes your doctor would nag you more about your drinking [Jacob Sullum, more]
  • “$10m look into games and gun violence a bust” [Rob Beschizza; Mike Rose, Gamasutra; related, Scott Shackford]
  • Assumption of risk won a round at the California Supreme Court a year ago in a case on amusement park bumper cars [S.F. Chronicle, ABA Journal, related on Disneyland teacups] J.D. Tuccille on motorcycle risks [Reason]
  • As a country Australia is known for freedom, so why’s it a leader in enacting bans? [Vivienne Crompton, IPA “Freedom Watch”]
  • “Maine’s unwise and unconstitutional ban on disclosing the alcohol content of beers” [Jonathan Adler]
  • FDA mandate on removal of nicotine could benefit head regulator’s former client [Jacob Grier] Glaxo SmithKline, Johnson & Johnson also push bans on e-cigarettes, which compete with their nicotine therapies [Tim Carney] AGs from 24 states (AL, AZ, CA, CO, CT, DE, HI, ID, IL, IN, IA, ME, MD, MS, MT, NH, NM, NY, OH, OR, PA, RI, VT, WA) write FDA urging ban on menthol in cigarettes [CSPNet] “Cigarette Sin-Tax Hike Could Boost Black Markets” [Steven Greenhut] Brendan O’Neill on secondhand smoke [Reason]