Author Archive

February 29 roundup

  • Jackpot justice and New Jersey pharmacies (with both a Whitney Houston and a Ted Frank angle) [Fox, PoL, our Jan. 3 post]
  • New Mexico: “Trial lawyers object to spaceport limits” [Las Cruces Bulletin]
  • Dodd-Frank: too big not to fail [The Economist] Robert Teitelman (The Deal) on new Stephen Bainbridge book Corporate Governance After the Financial Crisis [HuffPo] Securities suits: “trial lawyers probably won’t be able to defend a defective system forever” [WSJ Dealpolitik]
  • Uh-oh: U.K. Labour opposition looks at unleashing U.S.-style class actions [Guardian] “U.K. Moves ‘No Win, No Fee’ Litigation Reforms to 2013” [Suzi Ring, Legal Week]
  • More on controls on cold medicines as anti-meth measure [Radley Balko, Megan McArdle, Xeni Jardin, earlier here, here, here]
  • Recognizable at a distance: “In Germany, a Limp Domestic Economy Stifled by Regulation” [NY Times]
  • Fewer lawyers in Congress these days [WSJ Law Blog]

How to handle serial litigants?

In southern California’s sprawling Orange County (population 3 million), 77 people have been placed on the courts’ vexatious litigant list, but it’s not an easy matter to get someone on. “A Huntington Beach woman recently filed 47 lawsuits in a matter of months against various agencies including the city, the District Attorney’s Office and the Orange County Sheriff’s Department…. She sued Huntington Beach saying she wants more plants near parking lots.” [Orange County Register]

Labor and employment roundup

Supreme Court to review Alien Tort Statute

In the case of Kiobel v. Royal Dutch Petroleum, scheduled for argument Tuesday, the Supreme Court will consider curbing the modern scope of the Alien Tort Statute, which asserts U.S. jurisdiction over various human rights controversies arising within the bounds of other countries. [Reuters, earlier] Considering that it amounts to the Law of the Hegemon, the Statute is oddly popular in some Left circles [Kenneth Anderson/Volokh] European governments (Germany, Great Britain, the Netherlands) have filed amicus briefs on the defense side [John Bellinger, Lawfare; more, WaPo]

More: The New York Times’s Room for Debate discussion includes a contribution by my Cato colleague Ilya Shapiro. And Point of Law is having a featured discussion on the case with David Weissbrodt of the University of Minnesota and Julian Ku of Hofstra.

Speeches this week: Syracuse, Cleveland, Pittsburgh

I’ll be discussing Schools for Misrule today at Syracuse University College of Law, tomorrow in Cleveland at Cleveland-Marshall College of Law at 4 p.m., and Thursday in Pittsburgh at noon at Pitt Law with critical commentary from Prof. Peter Oh. Federalist Society student chapters are sponsoring the events, which are open to the public. Come out and introduce yourself!

Thanks to my hosts over the past two weeks at Fordham (where I debated Prof. Zephyr Teachout), Brooklyn Law School, and Yale (where Prof. John Fabian Witt contributed generous comments).

Why not book me to speak at your own city or campus? You can contact me directly at editor – at – overlawyered – dot – com, call the Cato Institute at 202-789-5269, or, if you’re a Federalist Society chapter, through the Society’s home office.

February 27 roundup

  • Department of Transportation cracks down on distraction from cars’ onboard information and entertainment systems; Mike Masnick suspects the measure won’t work as intended, as appears to have been the case with early texting bans [Techdirt; earlier here, etc.] “Feds Push New York Toward Full Ban On Electronic Devices In Cars” [Glenn Reynolds, Instapundit; Truth About Cars]
  • Oh no: Scott Greenfield says he’s ceasing to post at his exemplary criminal defense blog after five years [Simple Justice, Dave Hoffman]
  • California not entitled to pursue its own foreign policy, at least when in conflict with rest of nation’s: unanimous “blockbuster” decision by en banc 9th Circuit strikes down law enabling insurance suits by Armenian victims [AP, Alford/OJ, Recorder, related, Frank/PoL]
  • Playboy model’s $1.2M award against Gotham cops is a great day for the tabloids [NYDN]
  • To hear a pitch for fracking-royalty suits, visit the American Association for Justice convention, or just read the New York Times [Wood, PoL]
  • What the mortgage settlement did [John Cochrane, earlier]
  • Indian Child Welfare Act (ICWA) of 1978 blows up an adoption: “She’s a 2-year-old girl who got shoved in a truck and driven to Oklahoma with strangers.” [Reuters, SaveVeronica.org]