A batch of new reader letters has now been posted on our letters page, all of them relating to the recent election. Among topics: Florida’s Amendment 3, the Federal Marriage Amendment, and whether we’re too political. I also have a note responding to these and other criticisms that some readers have voiced about the site.
Author Archive
Accuser: I’ll forum-shop till Kobe drops
Kobe Bryant’s accuser filed rape charges against him in Colorado, where the incident took place, and has also sued him in federal court in that state. But her lawyer says she may go to California, where Bryant resides, to file a civil suit against the basketball star. “The 20-year-old woman would not be bound in California by the limitations on financial damages that might apply to court in Colorado, attorney Lin Wood said. ‘In the final analysis, we’ll make the decision whether to go to California or not based on whether it’s in the best interests of this young lady,’ Wood said. ‘We’re going to focus our efforts on maximizing the potential recovery from Kobe Bryant.'” The criminal case against Bryant was dismissed Sept. 1 and cannot be filed again. (Steve Lipsher, “Lawyer: Calif. suit eyed to escape damage caps, Denver Post, Nov. 7).
Welcome “Morning Magazine” listeners
“Australians told: don’t hit sixes to win the match”
Not quite cricket: “Australian batsmen have been banned from hitting balls for six by local councils because of fears that their boundary-clearing shots might injure passers-by and prompt compensation claims.” (Anna Gizowska, Daily Telegraph (UK), Oct. 31).
Google News: forever a beta?
Though a smash success with readers, Google News is still in “beta” status three years after its launch and has not attempted to become economically self-sufficient through the sale of advertising. “The reason: The minute Google News runs paid advertising of any sort it could face a torrent of cease-and-desist letters from the legal departments of newspapers, which would argue that ‘fair use’ doesn’t cover lifting headlines and lead paragraphs verbatim from their articles.” (Adam Penenberg, “Google News: Beta Not Make Money”, Wired News, Sept. 29). Update Mar. 21: Agence France-Presse sues Google.
Going bare
Practicing without professional liability insurance? It isn’t just doctors who do that sometimes; it’s lawyers, too, and many of them don’t take kindly to the notion of disclosing to clients their uninsured status, as a proposal in Georgia would have them do. It tends to throw into an ironic light all those laws — customarily enacted with the vigorous support of organized lawyer groups — which require, e.g., taxi drivers to maintain liability insurance before heading out on the road. (Greg Bluestein, “Lawyers Could Face Disbarment for Failing to Disclose Coverage Status”, Fulton County Daily Report, Nov. 3).
“Woman Drops Sunflower Seed, Pays $185 Fine”
The Oklahoma City Municipal Court has upheld Tricia Morgan’s fine for discarding a single sunflower seed on the street: biodegradable or not, it’s still litter. Next stop: fingernail clippings? (The KCRAChannel.com, Nov. 4)(via Matt Welch, Reason “Hit and Run”).
Upcoming D.C. and NYC appearances
I’ll be speaking in Washington, D.C. this Wednesday and again on Friday. On Wednesday, I’ll be at the Cato Institute at noon (there’s even an audio feed) commenting on Robert Levy’s new book Shakedown. On Friday, I’ll be part of a panel discussion that starts at 1:30 at the Mayflower as part of the Federalist Society’s annual National Lawyers Convention, discussing regulation through litigation with a panel that includes Michigan Supreme Court Justice Robert Young Jr. and Northeastern Law’s Richard Daynard, among others.
Next week I’ve giving talks on Tuesday (Nov. 16) at two law schools in New York City, in both case sponsored by Federalist Society chapters. I’ll speak at Fordham in Manhattan at 12:30 and then at Brooklyn Law School at 4 p.m.
School blamed for class-cutters’ drunken binge
Montana:
The parents of two 11-year-old boys who died of exposure and alcohol poisoning last winter after cutting class to go drink have sued Ronan Public Schools for $4 million.
They allege the school district failed in its duty “to follow its policy and protect and safeguard children that were entrusted to their care.”
The lawsuit also alleges that [the school district] has discriminated against American Indians by “failing to properly select, train and implement Native American staff who are sensitive to the disability of alcoholism,” thus making Pablo School District partially responsible “for the actions of children who were allowed to leave school and die of alcohol and hypothermia.”
(John Stromnes, “Parents sue Ronan school over deaths of their sons”, The Missoulian, Nov. 6). Update Mar. 2, 2006: jury renders defense verdict.
Sports medicine: a view from Pa.
Independent team doctors getting scarcer: “The rising cost of medical malpractice insurance, and the proliferation of sponsorship arrangements between teams and large medical groups, have changed the landscape for team physicians in recent years — particularly at the major pro level, but also reaching down to college and high school sports. As part of the sponsorship deals, health care groups provide the team physicians, who have come to realize they need the umbrella of a large health care system to provide malpractice insurance. The combination of the rising cost of malpractice insurance in states such as Pennsylvania that don’t have tort reform and the potential for large judgments going to high-paid athletes has increased the risk for team doctors and made it nearly impossible for independent doctors to work in the field. … Although malpractice lawsuits filed by athletes against team physicians aren’t common, there have been several multimillion-dollar judgments and settlements, and that’s enough to cause a lot of concern.” (Shelly Anderson, “Is there a doctor in the clubhouse?”, Pittsburgh Post-Gazette, Oct. 10). For more, see Apr. 7-8, 2003, Jun. 13, 2002 and Dec. 7, 2000.