Author Archive

“High Court to Decide Whether Climate Change Cases Should Proceed”

The Supreme Court takes a look at curtailing lawsuits aimed at punishing or regulating carbon emissions, and might even revisit its pro-environmentalist ruling in Massachusetts v. EPA. [Marcia Coyle, NLJ] Related: “Call for Papers: Civil Litigation as a Tool for Regulating Climate Change” [Valparaiso University School of Law via TortsProf]

Fooling the ump

Derek Jeter gets to first base by misleading the umpire, and debate ensues over his lack of apparent scruple. A parallel to lawyers’ ethics in adversary factfinding? [Freedman and Vischer, Legal Ethics Forum]

September 17 roundup

  • International House of Pancakes (restaurant chain) vs. International House of Prayer (church) [CNN]
  • “Law Schools Now Require Applicants To Honestly State Whether They Want To Go To Law School” [The Onion, satire]
  • “As ENDA Lingers in Congress, a [million-dollar verdict] in Maine” [Michael Fox]
  • Fear: On advice of FBI, cartoonist who organized “Everybody Draw Mohammed Day” drops out and changes name [Seattle Weekly, Welch, Moynihan]
  • University of Windsor lawprof asks Ontario Human Rights Tribunal to overturn school’s decision not to make her dean [National Post]
  • Prominent Seattle lawyer arrested, and do-you-know-who-I-am-ery allegedly ensues [Above the Law]
  • “Man rushed to hospital after finding tampon in his cereal” [Obscure Store, Macon Telegraph] Update: suit dropped.
  • Manufacture iPhones in the U.S.? “I worry America has too many lawyers. I don’t want to spend time having people sue me every day.” [Foxconn’s Terry Gau, quoted in Business Week]

An ombudsman? For CPSIA?

Rick Woldenberg reacts to a peculiarly inutile suggestion, in a Baltimore Sun interview, from CPSC chair Inez Tenenbaum (“We think if we had a small-business ombudsman who was out there regularly educating small businesses, we could help them prevent problems in terms of compliance.”):

…The necessary implication is that we small businesses are just too stupid to understand their complicated rules – I guess she thinks only Mattel can read the English language. Of course, the pending testing frequency rule (which I believe will be implemented in the coming weeks, get ready for it) will cause our company to spend $15 million per annum on testing. This sum far exceeds our profits. Perhaps the ombudsman will help us terminate our people to pay for testing, or provide a shoulder to cry on.