Author Archive

“Whoppers with sleaze”

In today’s Washington Times: my take on the growing aggressiveness of “public health” officialdom in pushing scare campaigns about everyday consumption risks, including Mayor Bloomberg’s controversial new campaigns against sweetened drinks and (even more misleadingly) salty foods, as well as the FDA’s proposal to put corpse photos on cigarette packs. It begins:

The Puritans held that reminders of mortality had an edifying effect on the living, which is why they sometimes would illustrate even literature for young children with drawings of death’s-heads and skeletons. Something of the same spirit seems to animate our ever-advancing movement for mandatory public health. The Food and Drug Administration has just floated the idea of requiring cigarette packs to carry rotating pictures that would include corpses – yes, actual corpses – as well as close-ups of grotesque medical disorders that can afflict smokers.

New York City Mayor Michael R. Bloomberg’s superactivist Health Department has begun public ad campaigns about the health risks of everyday foods, including a controversial YouTube video portraying soda drinkers as pouring globs of shimmery yellow fat into their open mouths and – just out – an ad showing an innocent-looking can of chicken-with-rice soup as bursting with dangerous salt. Whether or not you live in New York, you’re likely to be seeing more of this sort of thing because the mayor’s crew tends to set the pace for activist public-health efforts nationwide; the Obama administration, for example, picked Bloomberg lieutenant Thomas R. Frieden to head the influential Centers for Disease Control and Prevention.

Why should government use our own tax dollars to propagandize and hector us about the risks of salted snacks, chocolate milk or the other temptations of today’s supermarket aisle? The Bloomberg-Obama camp seems to feel that government dietary advice is superior to other sources of information we might draw on because (1) it’s more objective, independent and pure of motive and (2) it can draw on better science.

Whole thing here, and more on Bloomberg’s anti-soup crusade at the New York Post, Reason, and ACSH. More: My Food My Choice.

NY Times on litigation finance

Yes, it’s an informative piece, and yes, it does explore some of the drawbacks and abuses, particularly for clients whose lawsuits are being financed by banks, hedge funds or other investors. But the Times (with its reporting partner, the Center for Public Integrity) also buys in to what David Oliver correctly identifies as a big, central fallacy when it claims that the influx of money into plaintiff’s cases “is helping to ensure that cases are decided by merit rather than resources.” So when an outside investor makes it possible for, say, a patent troll to launch mass royalty demands on behalf of marginal patents, or a mass tort firm to roll out scientifically dubious toxic-injury claims, or an Indian tribe to assert 200-year-old land claims against nearby farmers for casino-seeking leverage, it means that cases are now suddenly being resolved on a basis that more closely tracks the merits? Check your premises, please. More: Dan Fisher/Forbes and Ted Frank/PoL, and earlier on Counsel Financial.

P.S. Good round table at New York Times “Room for Debate”, check out in particular the Paul Rubin and Richard Epstein contributions; Kenneth Anderson/Volokh (“insurable interest”).

November 15 roundup

  • Simon Singh on need to reform UK libel law [BoingBoing]
  • Complaint: Scalia’s too darned principled on religious liberty [rebutted by Ponnuru at NRO]
  • Air Force sued after teenage rave in abandoned bunker turns bad [PoL]
  • Scathing Kleinfeld dissent in Ninth Circuit Alien Tort case [Volokh, Fisher, Recorder]
  • “Law Firm Accused of Requiring Heels, Then Discriminating When Injury Occurred” [ABA Journal]
  • Parent’s angry letter to Kansas City school board complaining that teacher laid hands on son; best part are the demands [Something Awful forums]
  • Australia: “Iconic Merry-Go-Round Is Deemed an Insurance Liability” [Free-Range Kids]
  • “Meatpacker to pay $3m for using strength test” [five years ago on Overlawyered]

“Mount Washington Hotel to businesses: Stop using mountain’s name”

“A state lawmaker tells WMWV-FM that the Mount Washington Hotel and Resort has told other businesses with ‘Mount Washington’ in their name to stop using it or face a legal challenge.” The hotel says it has challenged only three lodging businesses and does not intend to go after other local businesses named after the mountain. [AP, WMUR, Boston Globe]

P.S. Commenter Mannie: “It gets better. The IOC routinely harasses businesses on Washington’s Olympic Peninsula for using the name ‘Olympic.'”

“The other oil cleanup”

Must reading in last week’s New York Times Magazine: Douglas McCollam explores the scramble over compensation after the BP TransOcean gulf oil spill, profiling Texas trial lawyer Tony Buzbee, who’s among those leading resistance to the Ken Feinberg administered-compensation-fund way of handling claims. It offers a much broader and better-informed perspective on wider litigation trends than is usual in such stories.