I spoke this morning at University of Maryland Hillel on the paradoxes of the federal school lunch program, on a panel with Julie Gunlock of the Independent Women’s Forum. You can read more about the school lunch program here.
Author Archive
Dodd-Frank “say on pay” litigation
Putting the 2010 bill to work:
Now, lawyers have found a new way to bring lawsuits over executive pay, resulting in a handful of legal settlements. But the settlements to date have produced no changes in executive compensation and no money for investors. In fact, the main financial beneficiary so far has been a small New York law firm that brought the bulk of the cases.
December 4 roundup
- Wendy Murphy brings her believe-the-accuser shtick to the University of Virginia [KC Johnson, Minding the Campus]
- UK: foster parents in Rotherham might want to take care not to belong to the wrong political party [Telegraph]
- “The Disappearance of Civil Trial in the United States” [John Langbein, Yale Law Journal & SSRN]
- “Liability Is ‘Wrong’ Solution for Rating Agencies” [Mark Calabria, Cato at Liberty] Mere days later: “Sixth Circuit Rejects Ohio Pension Fund Suit Against Rating Agencies” [Adler]
- “Yes, it is now illegal to be fully nude in San Francisco *unless you are in a parade*” [Lowering the Bar]
- Once lionized in press: “Former Ohio AG Loses Law License for 6 Months Over Ethics Violations While In Office” [ABA Journal, Adler]
- Facebook says it may go after some lawyers who’ve repped adversary Ceglia [Roger Parloff, Fortune]
Stay alert
Scott Greenfield has doubts about the approaching campaign to criminalize, as distinct from just warning against, drowsy driving. More: Radley Balko.
Bainbridge on clinical legal education
Stephen Bainbridge has some speculations about whether university law clinics can be successfully divorced from politicized cause-mongering, and along the way, kind comments for my book Schools for Misrule. More: Ann Althouse.
Homeless man wins $200K for exclusion from L.A. buses
…and how he spends his Unruh Act windfall results in — did you guess? — more legal complications. [Gendy Alimurung, L.A. Weekly via @andrewmgrossman; Nowell’s earlier legal battles here and here]
Medical and pharmaceutical roundup
- Community college restructures staff to avoid ObamaCare employee mandate [Daniel Luzer, Washington Monthly] New pressure toward part-time employment is a big story [Coyote] But do regulations allow shift to part-time workers as a way of evading 50-employee rule, as seemingly contemplated in above post? [Gunn Chamberlain, P.A.] Why some workers might prefer being dropped from their employer’s health plan if higher pay results [Thom Lambert]
- Eleventh Circuit: hospital can be sued for not providing sign-language interpreter for emergency department visitors [Disabilities Law/Bagenstos]
- Proposition: “Off-label use can be, in many circumstances, the standard of care.” [Drug and Device Law] On Ben Goldacre’s new book “Bad Pharma” [Tyler Cowen]
- Overnight solution to med-mal crisis? Perhaps standard for lawyers’ malpractice should automatically fluctuate to reflect that for doctors [Ted Frank, Point of Law]
- Criminalizing the professions [White Coat]
- Drug shortages persist [ACSH, earlier here, here, etc.] What the FDA could do to speed antibiotic approval [Yevgeniy Feyman, Medical Progress Today, earlier]
- Clearer line-drawing between pharmacy and mass drug-compounding needed after tainted-steroid debacle [Scott Gottlieb/Sheldon Bradshaw, WSJ, earlier] With compounding pharmacy doubtfully able to pay claims, “You’re going to get people suing everyone.” [Boston Globe, David Oliver]
Washington: “high court allows lawsuit over 911 response”
“The family of a man shot and killed by his neighbor in Skagit County can proceed to trial on claims that the county’s emergency communications center mishandled its response to his panicked 911 call, Washington’s Supreme Court ruled.” According to his family, a 911 operator told William Munich that help was on the way but did not code the call as an emergency; a sheriff’s deputy showed up 18 minutes later, by which time Munich had been shot by the irate neighbor. “I am concerned the majority’s decision will put unwarranted pressure on every statement made by 911 operators, straining communications that depend on the free flow of information,” wrote dissenting Justice James Johnson. [KOMO; Munich (Gayle) v. Skagit Emergency Communications Center, holding, dissent (wrong link fixed now); background on Washington’s unusual approach to sovereign immunity]
P.S. Another Washington sovereign liability case of interest: Robb v. City of Seattle, “Whether the city of Seattle may be liable in an action for wrongful death brought by the survivor of a murder victim based on the failure of police to confiscate ammunition while detaining the murderer for questioning just before the murder occurred.” [Temple of Justice]
NFL punter blames seam in turf
A former Houston Texans punter “alleges that [Reliant] Stadium’s practice of piecing together 1,200, 8?x8? palettes of grass prior to every home game creates an ‘unsafe turf’ condition,” resulting in a torn ligament and bone fracture. At Abnormal Use, Nick Farr says we haven’t heard a whole lot about turf seams as a playing field hazard up to now, and notes that the player in question may have had some other difficulties going on with his career aside from this “career-threatening injury.”
How GOP votes carried same-sex marriage to victory, cont’d
One important reason same-sex marriage won on three state ballots last month is that many Republican voters, especially in affluent suburbs, crossed over to vote in favor of it. I’ve continued to document this phenomenon in a piece in this weekend’s Washington Post “Outlook” section (incorporating precinct-level detail on Minnesota and Maine) as well as in a second Huffington Post piece (with precinct-level detail on Maryland; my earlier HuffPo piece is linked here). Also, this Cato podcast:
One correction on the podcast: I mistakenly said Question 6 carried the two biggest Romney counties in Maryland, but I should have said two of the biggest three.
P.S. Mine was the second-most-popular article on WashingtonPost.com as of early morning Dec. 2.