Must-read Mark Steyn: “Edwards now faces 30 years in jail, for the crime of getting a couple of pals to pay for his baby’s diapers. For purposes of comparison, Anders Breivik murdered 77 people and is looking at 21 years in jail, the maximum sentence permitted under Norwegian law.” Contra: Hans von Spakovsky argues that the prosecutors’ argument is not such a stretch. And Beldar predicts the issue on which the jury’s verdict may turn. Earlier here, here, etc.
Author Archive
Labor and employment law roundup
- Gov. Walker’s public sector labor reforms popular with Wisconsin voters, and have saved taxpayers a fortune [Morrissey, Fund, Marquette poll (public favors new law by 50-43 margin] What would FDR say? [Dalmia, The Daily]
- “Why you should stop attending diversity training” [Suzanne Lucas, CBS MarketWatch, following up on our earlier post]
- The gang that couldn’t regulate straight: “Court rebuffs Labor Department on sales rep overtime” [Dan Fisher, Forbes] Lack of quorum trips up NLRB on “quickie”/ambush elections scheme [Workplace Prof]
- Not all claimed “gun rights” are authentic, some come at expense of the vital principle of at-will employment [Bainbridge]
- Brace yourself, legal academics at work on a Restatement of Employment Law [Michael Fox]
- “Why Delaware’s Proposed Workplace Privacy Act Is All Wrong” [Molly DiBianca]
- USA Today on lawyers’ role in growth of Social Security disability rolls [Ira Stoll]
“The only times I saw her (Allred) was when the media was there.”
Imagine that: a discontented Gloria Allred client, in this case Debrahlee Lorenzana, who filed a pioneering “fired because I looked too hot” suit against Citicorp in 2010. (Allred is now representing a second such client, against a Manhattan lingerie shop.) “Allred told the Daily News she and her team ‘put in hundreds of hours fighting for her (Lorenzana’s) rights.'” [Fox News]
And from comments: Ted Frank defends Gloria Allred.
Church’s defamation suit against critic, cont’d
Ken at Popehat has picked up primary documents in the case of the lawsuit filed by Beaverton Grace Bible Church of Beaverton, Ore. against a “former parishioner and her family members for negative online reviews.” Earlier here.
Jim Vance on overprotected childhood
When it comes to the dangers of the demand for a zero-risk childhood, veteran Washington, D.C. broadcast personality Jim Vance seems to be on much the same page (auto-plays video) as Lenore Skenazy of Free-Range Kids.
“Top Ten Reasons Why Companies Are Leaving California”
The hassle, the tax complications, the legal risks, the permitting difficulties just go on and on. Business relocation specialist Joseph Vranich has the details [North County Times] Earlier here (on small business survey).
Disabled rights roundup
- On party-line vote, Sacramento Dems turn down bill to curb ADA access shakedown suits [ATRF, KABC, Sacramento Bee (auto-plays video ad)]
- Illinois sues local schools for not developing standards for disabled athletic competition [Chicago Tribune]
- Open secret: criminals exploit federally mandated IP Relay disabled-phone system [Henderson]
- Judge certifies nationwide ADA accessibility suit against Hollister over stepped entrances to its stores [Law Week Colorado via Disability Law]
- In settlement, AMC movie chain agrees to install captioning, audio-description at Illinois theaters [ABC Chicago]
- “Has the Expanded Definition of Disability under the ADAA Gone Too Far?” [Russell Cawyer]
- “Fake handicaps a growing problem for disabled sports” [Der Spiegel]
The trouble with Nicholas Kristof, cont’d
The other day the Chicago Tribune documented a longstanding campaign (see Friday link) to get government bodies to adopt standards requiring flameproofing of furniture upholstery, carpets and other household materials. Turns out key actors in that campaign were companies that make the chemicals used in flameproofing, which thereby guaranteed themselves a giant market for their products, as well as cigarette companies that worried that they would face regulatory and legal pressure over fires caused by careless smoking and decided to pursue a strategy of turning the issue into someone else’s problem.
Unfortunately, according to the Tribune series, the supposedly flameproof furnishings 1) aren’t necessarily very good at reducing fire risk and 2) are doused with chemicals that one might not want rubbing off on one’s family and pets. That’s aside from the regulations’ obvious cost in making furnishings more expensive and narrowing consumer choice by excluding producers unable or unwilling to use the chemical treatments. Whether or not you accept the series’ interpretation in all respects — the authors tend to taken an alarmist line, for example, on the chemicals’ environmental dangers — it’s useful as reminder #83,951 that government regulation often is driven by motives quite different from those advertised, and in particular by business lobbies whose interest is frequently squarely opposed to laissez-faire.
On Sunday, Times columnist Nicholas Kristof, criticized lately in this space for his views on supposed Big Beer responsibility for Indian reservation alcoholism, addressed the flameproofing story in his column. After reciting the controversy — laying a particular emphasis on chemical alarmism, long a specialty of his — Kristof concludes as follows:
This campaign season, you’ll hear fervent denunciations of “burdensome government regulation.” When you do, think of the other side of the story: your home is filled with toxic flame retardants that serve no higher purpose than enriching three companies. The lesson is that we need not only safer couches but also a political system less distorted by toxic money.
Which affords James Taranto of the WSJ’s “Best of the Web” this response:
The guy is so blinded by ideology that he fails to notice he has just given an example of burdensome government regulation.
“Lawyers Intentionally Inflicting Emotional Distress”
Imagine how it would change the practice of litigation if lawyers could be held answerable for intentionally inflicting emotional distress on opponents, witnesses or third parties. Of course that’s not going to happen, since our legal profession is quite good at immunizing itself from exposure to liability for the same sorts of injuries that it sues over when inflicted by others. In this SSRN paper (via Robinette, TortsProf), Alex Long of the University of Tennessee proposes a presumption that lawyers’ behavior is “extreme and outrageous,” a precondition of IIED liability, if they could get disbarred for it.
May 22 roundup
- Lacey Act madness: might Feds be empowered to disrupt summer concerts by seizing musicians’ Gibsons? [Bedard, DC Examiner; earlier; recent Heritage Foundation work; reworded to reflect comment from “Density Duck,” below]
- Contributors to new “Privatization Blog” include friend of this blog Coyote, e.g. here and here;
- “Big Government Causes Hyper-Partisanship in the Judicial Appointment Process” [Ilya Shapiro] Fuels Culture War, too: “The faster the state expands, the more likely it is to violate your values” [Matt Welch]
- Demagogy on expatriates: Schumer proposal for stiff tax on emigrants may have read better in original German [Ira Stoll, Roger Pilon/Cato, Paul Caron/TaxProf]
- Georgia high court considers $459 million fax-spam verdict [AJC, AP, my take] “Hot fuel” class actions enrich the usual suspects [PoL]
- New rebuttal to trial lawyer/HBO movie “Hot Coffee” [Victor Schwartz et al, auto-plays video] Ted Frank crossed swords with Litigation Lobby on the movie in January, particularly on the question of coffee temperature and the Liebeck case [PoL]
- Overlawyered “will become the first [law] blog teenager this summer” [Bruce Carton, Legal Blog Watch] “I’ve been a fan of Walter Olson’s Overlawyered blog for years.” [Amy Alkon, Advice Goddess] Thanks!
