Author Archive

California’s court-developed Stand Your Ground law

Bob Egelko of the San Francisco Chronicle has an excellent report on California’s longstanding recognition of Stand Your Ground self-defense principles in public places, which developed through judicial rather than legislative action. He reports that “even Californians who illegally carry handguns can invoke the stand-your-ground doctrine, as shown in a 2005 ruling by a state appeals court in Santa Ana.” By contrast, compare the misleading-at-best map run in Wednesday’s news-side Wall Street Journal, which purports to show states with “stand your ground laws in place” but treats California as not having one. The WSJ lists its sources for the map as “Association of Prosecuting Attorneys; Legal Community Against Violence; National Conference of State Legislatures.” Perhaps the paper was relying overmuch on input from anti-gun groups that have sought to portray Stand Your Ground as a novelty foisted on state legislatures in recent years, thus underplaying the doctrine’s deep historical roots in much of America.

Notwithstanding tendentious efforts to politicize the issue of late, it’s also worth noting that leading Democratic governors like Janet Napolitano (Arizona) and Jennifer Granholm (Michigan) were among those to sign Stand Your Ground laws in the post-2005 wave of new legislative adoptions [Hawkins, Breitbart] Earlier on Stand Your Ground here, here, here, here, here, here, etc.

The Times covers ADA filing mills

Although you might say they’re a little late to this story, it’s still a welcome development. I discuss the piece and its background in a new Cato post (& welcome Glenn Reynolds/Instapundit readers). Hans Bader and Jacob Sullum also weigh in.

While we’re at it, here are some more links not yet blogged in this space on this busy extraction industry: Hackensack, N.J. has its own serial ADA filer [Bergen Record; letter from Marcus Rayner, NJLRA]. California small businesses continue their protests [Lodi News-Sentinel, background on George Louie; ABC L.A. (Alfredo Garcia, who’s filed hundreds of ADA suits, described as “illegal immigrant and convicted felon”; background on his attorney, Overlawyered favorite Morse Mehrban)] And in case you were wondering about the enabling role of the courts, here’s a recent Ninth Circuit decision ruling it an abuse of discretion for a trial court to have cut a lawyer’s fee award in an ADA barrier case [Bagenstos, Disability Law] Much more at our ADA filing mills tag.

April 18 roundup

  • “MPAA: you can infringe copyright just by embedding a video” [Timothy Lee, Ars Technica]
  • NYC: fee for court-appointed fire department race-bias monitor is rather steep [Reuters]
  • Larry Schonbron on VW class action [Washington Times] Watch out, world: “U.S. class action lawyers look abroad” [Reuters] Deborah LaFetra, “Non-injury class actions don’t belong in federal court” [PLF]
  • Will animal rights groups have to pay hefty legal bill after losing Ringling Bros. suit? [BLT]
  • You shouldn’t need a lobbyist to build a house [Mead, Yglesias]
  • “Astorino and Westchester Win Against Obama’s HUD” [Brennan, NRO] My two cents [City Journal] Why not abolish HUD? [Kaus]
  • “Community organized breaking and entering,” Chicago style [Kevin Funnell; earlier, NYC]

Alienation of affections in North Carolina

Kyle Graham asks why that variety of “heartbalm” action remains a vital and frequently used tort in the Tarheel State, but not elsewhere, though it remains on the books in ten or so other states. “The popularity of the tort in North Carolina suggests, at least to me, the importance of inertia and claim consciousness in tort law.”

Distantly related: demise of Breach of Promise to Marry laws linked to rise of engagement rings [Margaret Brinig via Matthew O’Brien via Sullivan]

Hair-raising

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people nationwide, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled.” Among the cases: that of Santae Tribble, who spent 28 years in prison following a murder-robbery conviction based on claimed hair identification now known to be erroneous. [Washington Post, more]

Follow-up from the Post on the Justice Department’s lack of transparency; and see my colleague Tim Lynch’s post at Cato.

Labor and employment law roundup

Bus accident video footage


Because of a mounted dashboard camera, you can watch the footage of a Quincy, Ill. municipal transit bus on its seemingly uneventful ride until an oncoming car suddenly loses control and swerves directly into its path. [KHQA] If you do watch the footage, released by the plaintiff’s lawyer, see whether you would have predicted that the legal outcome of the crash would turn out to be “city pays $4 million to passenger in car that lost control.” (& welcome Reddit readers).