“Do you like shrimp but wish it cost more? Need some bedroom furniture but hate getting a good deal on it? If so, you’re very different from most Americans. You are, however, one of the few people who can rejoice in our national trade policies. … The laws against dumping are supposed to correct the problem by banning any imports that are sold below ‘fair value,’ a baffling concept understood by bureaucrats but not economists.” (Steve Chapman, syndicated/Baltimore Sun, Jul. 9).
Archive for the ‘Uncategorized’ Category
“Naming a character after a famous person costs writer $15 million”
That’s Eugene Volokh’s capsule summary (Jul. 12) of the jury result reported by the St. Louis Post-Dispatch: “Tony Twist, the former rock ’em-sock ’em Blues hockey player, was awarded $15 million Friday by a jury that concluded comic book artist Todd McFarlane had profited by using Twist’s name without his permission. McFarlane, formerly the principal artist and writer of Spiderman comics, gave the name Tony Twist to a violent New York mob boss in McFarlane’s Spawn comics in the early 1990s.” (Peter Shinkle, “Tony Twist wins $15 million verdict”, Jul. 10). Brian J. Noggle also comments.
The men behind Edwards
I’ve got an op-ed in today’s Wall Street Journal arguing that the scariest thing about John Edwards (see Feb. 19 and many other links on this site) is the “tightly organized fund-raising and electoral machine” he has constructed most of whose key backers “are drawn from the tiny handful of tort lawyers even more successful than he”. In particular, four of the most powerful men behind Edwards — Fred Baron, John O’Quinn, Tab Turner, and Paul Minor — personify in various ways some of the most objectionable features of today’s personal-injury litigation scene. (Walter Olson, “Edwards & Co.”, Jul. 12, paid subscribers only)(free OpinionJournal.com version).
Defeat the Federal Marriage Amendment
George Will, Lynne Cheney, Arnold Schwarzenegger, Rudolph Giuliani, and Bob Barr are all on record opposing this wretched would-be Constitutional amendment, and they’re right. See Faith Bremner, “Conservatives opposing marriage amendment”, Gannett News Service/The Coloradoan, Dec. 11, 2003. For our earlier posts on the subject, see Feb. 20 and Feb. 25. For a comeback to the ripely absurd “FMA is needed to bolster fertility rates” argument, see Jacob Levy, Volokh Conspiracy, (Jul. 9); for some ribbing of social conservatives who seem determined to borrow the “precautionary principle” from enviro absolutists for this occasion, see Jane Galt’s co-blogger “Mindles H. Dreck” (Jul. 8, Jul. 9). “As for the gay Republicans whose votes Mr. Bush might then lose, Mr. Weyrich [Paul Weyrich, prominent in the Washington religious right] wrote, ‘Good riddance.'” (Carl Hulse and David D. Kirkpatrick, “Senate Braces Itself for Fight on Gay Marriage”, New York Times, Jul. 9). And the same kind sentiments to you, sir!
More: And the Chicago Tribune (Jul. 13), and the Wall Street Journal, and Richard Epstein…. Update Jul. 14: defeated 48-50 on procedural vote. Yet more: Dale Carpenter (U. of Minn. Law School), “The Federal Marriage Amendment: Unnecessary, Anti-federalist, and Anti-democratic”, Cato Institute White Papers, Sept. 23; Rep. Christopher Cox (R-Calif.), “The Marriage Amendment Is a Terrible Idea”, Wall Street Journal, Sept. 28 ($).
Review: “The Wisdom of Crowds”
In Sunday’s New York Post, I favorably review James Surowiecki’s new book The Wisdom of Crowds: Why the Many Are Smarter Than the Few and How Collective Wisdom Shapes Business, Economies, Societies and Nations (though I didn’t like the title and think it leaves anything but an accurate impression of the book’s contents). (Walter Olson, “Mob Wisdom”, Jul. 11). On-topic snippet: Surowiecki offers an account (among much else) of “why juries, political factions or artistic coteries that start out with similar leanings can talk each other into more extreme positions than any of them took originally”.
News of diocesan bankruptcies
Sign of the times: Bankruptcy Creditors’ Service, Inc., has launched a new publication entitled Catholic Church Bankruptcy News, its mission being to keep track of legal proceedings in the case of the insolvency of the Diocese of Portland, Oregon, and whatever other dioceses or church institutions follow the same path into Chapter 11 under pressure from abuse claims. Subscribers will have to pay $45 for each issue, expected to appear approximately every 10 to 20 days, but a sample issue can be perused for free. (via Amy Welborn). One of the claimants suing the Portland diocese over abuse, whose trial had been set for Jul. 6 until stayed by the bankruptcy filing, is demanding $135 million; another wants $36.5 million. For more, see Ashbel S. Green, “Church bankruptcy and the courts”, Religion News Service/Salt Lake Tribune, Jul. 10.
Fox News Channel, Neil Cavuto show
I’m slated to appear on the Fox News Channel’s “Your World” today between 4 and 5 pm, to discuss Martha Stewart, Ken Lay, class action reform, the Edwards pick, and other legal topics. Guest host will be Stuart Varney, in Neil Cavuto’s absence.
Morse Mehrban hits Fresno
The self-described “bounty hunter” lawyer, whose exploits around L.A. have been previously detailed in this space Nov. 4-5, 2002 and Mar. 12 of this year, has turned his talents to disabled-rights enforcement and swooped down on the city of Fresno, filing more than 130 lawsuits against local businesses over such alleged infractions as a too-high bathroom mirror and a hard-to-reach soda dispenser. Businesses usually pay between $5,000 and $12,000 to settle, says San Diego defense attorney James Reynolds. (Robert Rodriguez, “Fresno Businesses Are Sued Over Act”, Fresno Bee, Jul. 4) (via Southern California Law Blog). For more on ADA filing mills, see Mar. 9 and links from there and my City Journal article, “The ADA Shakedown Racket“.
TV this afternoon and tonight
I’m scheduled to appear tonight on two shows to discuss John Edwards’ selection for the Democratic ticket: Catherine Crier Live on Court TV at 5 pm, and News Night with Aaron Brown on CNN at 10 pm.
OJR on web defamation
In an article in USC Annenberg’s Online Journalism Review, writer Mark Thompson examines some recent instances in which webloggers have been threatened with defamation actions on questionable grounds, such targets including Justene Adamec (Calblog) (see Jan. 22) and the pseudonymous “Atrios”. One source of jeopardy is courts’ penchant for narrowly construing statutes intended to protect press freedom: for example, the Wisconsin Court of Appeals refused to extend to the Internet a state law providing that newspapers and magazines cannot be sued for defamation until they’ve been given a chance to retract an item. Also mentions our commentary on the Luskin/Atrios case (see Oct. 30). (“Law Offers Internet Publishers Scant Guidance on Libel”, Jun. 16).