“While lawyer Scott Marshall has pleaded guilty to a murder charge, his victim’s mother has filed an unusual wrongful-death suit against not only him but his parents and his 92-year-old grandmother.” [Texas Lawyer]
Author Archive
“Religious employers must cover pill, Feds say”
HHS secretary Kathleen Sebelius said giving church-related sponsors of health plans an additional year to comply with the contraceptive mandate “strikes the appropriate balance between respecting religious freedom and increasing access to important preventive services.” Really? If religious freedom is in fact at stake, what kind of “balance” is attained if it gets a one-year reprieve but then expires? A balance between current freedom of institutional conscience and future lack of same? [AP] On the Obama administration’s remarkably unfriendly stance toward self-governance by church institutions, see my coverage of this term’s Hosanna-Tabor Supreme Court case. More: Michael Greve has a must-read analysis predicting the directive’s downfall in court, and pointing out the procedural dodginess of this and much other regulation implementing the ACA. And Thom Lambert asks: “What if the Government Ordered the Human Rights Campaign to Cover Conversion Therapy for Gays?”
January 23 roundup
- Copyright violations on PIPA sponsors’ websites? [VICE] “A SOPA Analogy” [David Henderson]
- DEA agent who mistakenly shot self loses appeal [BLT, earlier]
- “And people say libertarians lack empathy”: AP adopts pre-emptively disapproving tone toward advances in pain control [Coyote; related, Alkon on Primatene Mist]
- Cordray, NLRB recess picks allow President to reward key Democratic interest groups [Copland, Examiner] Litigation Lobby gunning for ban on consumer finance arbitration as Cordray priority [CL&P] Mike Rappaport on the recess appointment clause [LLL, earlier here, etc.]
- Keystone’s just the half of it: US environmental funders push shutdown of Canada energy production [Vivian Krause, Financial Post]
- Hot potato, or just hot business sector? “Credit Suisse Parts with Litigation Finance Group” [WSJ Law Blog]
- Speaking of shoplifters in elected office [Harrisburg Patriot-News on Perry County, Pa. case h/t commenter A.A.; earlier on California case]
“Redbox sued over access for visually impaired”
“[T]he kiosks of the video rental giant Redbox are difficult, if not impossible, to use for those who are blind and visually impaired. The lawsuit says Redbox needs to change the technology in their kiosks so the visually impaired can rent movies too.” [KTRK]
Firing of employee for working at lunch
It makes no seeming sense unless you’re aware of the grim legalities for employers whose “nonexempt” employees work off the clock [Richard Bales/Workplace Prof, BoingBoing, ABC “Good Morning America”]
January 21 roundup
- Because judges should decide cases the way clamoring crowds want them to: “Occupy the Courts” [Althouse, Somin, earlier] Pittsburgh lawprof: bank’s office park has become public forum and is ours to seize [Daily Caller]
- Some reactions to Megaupload indictment [Julian Sanchez, Ken at Popehat]
- Kozinski, others trade quips at oral argument in Disneyland Segway ADA case [Courthouse News via Disabilities Law, earlier] “Ouch! Judge Posner eviscerates both a damages expert and the trial judge who let him testify against FedEx” [Technology Law Notes]
- Victim of NYC gun laws: “Free Meredith Graves” [NRO] “NYC Business Bled To Death Over Toy Guns” [Moonbattery]
- “Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit Card Act” [Andrew Schwartz (Colorado), SSRN, via Ted Frank]
- Federal drug cops unapologetic about role in Adderall shortage [Rob Port] A failure of central planning [Reuters, Jacob Sullum and more (“Does the DEA know what ‘quota’ means?”)] Some trial lawyers pushing to ban the drug [via Ted Frank].
- Go, my child, and steal no more: TSA agents who pilfered $40K from luggage get six months [AP via Balko]
Annals of tasteful legal marketing
KickEmOutQuick evictions and collections, based in Ogden, Utah [Natasha Lydon, Above the Law]
After SOPA protest day
- What did the protests accomplish? [Image of one-day change in Hill opposition courtesy TechCrunch, PC World, Timothy Lee/Ars Technica]
- Some of the best protests [Ad Age, earlier on Flickr’s clever entry and others]
- Going-dark site “strike” was a bit like Atlas Shrugged without the monologues [Greve] “So, nothing like #AS” [@nickgillespie] “…and fewer pirates” [@JohnPMcGuinness] “That’s a shame. I want to see Francisco’s money speech in binary code.” [@BenK84]
- Speaking of Citizens United… [John Samples/Cato, Popehat, @joshgreenman]
- Chris Dodd: we could turn off flow of Hollywood politibux if we don’t get this law [Politico] “Win/win!” [James Poulos]
- Where next? [Julian Sanchez, Cato, Kotaku (“PIPA not as bad as SOPA” claims), roll call via Pro Publica]
Schools for Misrule roundup
Maryland professor of mathematics emeritus Ron Lipsman reviews my book at The Intellectual Conservative, calling it “penetrating,” “comprehensive and detailed”:
He traces, in mostly a chronological fashion, how progressive philosophy and leftist ideology at first seeped into and eventually flooded the halls of American law schools. He begins by pointing out that law schools became well established on American campuses precisely during the so-called Progressive Era, 1890-1914. The law schools’ newfound prominence dovetailed nicely with the advent of professional licensure in America. By that I mean the process by which the heretofore free-for-all entry of individuals into numerous professions and vocations began to be subject to government (or government-sanctioned) certification. This became common a century ago in various American businesses and industries – from meat slaughtering to pharmacy, from barbering to chauffeuring, from teaching to medicine. Well, there was no reason to exempt lawyering from the process. And so the country’s law schools became the gatekeepers for the nation’s legal profession. Thus the faculty at the nation’s law schools – especially, those of the elite variety – obtained control over the training and philosophical outlook of the nation’s lawyers. Since we are a country under the rule of law, those who control the lawyers thereby control the law and thus the country to a great extent….
Olson’s style is actually quite engaging. Although he treats deadly serious issues with the earnestness that they deserve, he manages to maintain an understated, even restrained tone, which if anything makes his arguments more dramatic.
At Liberty Fund’s newly launched Library of Law and Liberty, lawprof/blogger Mike Rappaport after listening to my interview resolved to put the book on his reading list, having not previously appreciated how central the role of the Ford Foundation has been in influencing the schools’ development. For more on that role — as well as that of other donors like George Soros and nonprofit groups like the American Association of University Professors (AAUP) — see Scott Walter’s interesting essay in Philanthropy Daily, which includes a link to SfM.
Admit it: you want an electronic copy of Schools for Misrule for your e-reader. No problem: there are great bargains in the Books-a-Million, Barnes & Noble/Nook or Google e-books versions, the Kindle version, and the Sony version. Also check out the e-books at the Cato store, on offer this month at great savings with the code “EBOOKSALE.”
P.S. Ted Lacksonen picks up on the book’s oral-tradition “Yale Law School Anthem” (“Don’t Know Much About Property…”).
Hard times for “DIAL L-A-W-Y-E-R-S” founder
Longtime Twin Cities attorney John Murrin lost money in a dodgy business deal, and started out by pressing what critics agree were some meritorious complaints arising from it. But courts began to look askance as he added more and more actions, pleadings and (nearly four dozen) defendants. Now a sanctions order has resulted in a bankruptcy proceeding. [“Lawyer’s tactics leave him bankrupt,” Minneapolis Star-Tribune].
