- Does the current civil service system violate the constitutional mandate that the executive power be vested in the President? [Philip K. Howard/The American Interest, Mark Hemingway, Weekly Standard]
- “Utah Supreme Court Affirms a Woman’s Right to Sue Herself” [Lowering the Bar]
- Museums’ rule against scaling back holdings is costly and irrational. Can’t NYT figure that out? [Michael O’Hare, SameFacts]
- “Patent troll that sued over Apple Watch and 80 other fitness products meets its match” [ArsTechnica]
- Wisconsin John Doe: “Prosecutor John Chisholm Sued for Retaliatory Investigation” [Andrew King/Fault Lines, earlier]
- Criminally tainted politicians retain voter support when and because “they provide services the state does not.” [Alex Tabarrok]
- Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.
- “Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]
- Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, “The Harms of Homeschooling” (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]
- Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]
- Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]
- Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]
- New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]
- Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]
Annals of civil service protection: the Court of Appeals for the Federal Circuit has ruled in favor of the Patent and Trademark Office, which dismissed Asokkumar Pal after it “reviewed 16 randomly selected cases from Pal’s file to determine whether he was properly reviewing examiner decisions. They found he was not making the correct decisions – that he erred more than 35% of the time. (A 25% error rate would have been acceptable).” Pal’s appeal contended that others in the office had even higher error rates, that he had received many “outstanding” performance reviews, and that managers should have been required to review all of his cases rather than just a random sampling, but to no avail. (Patently-O, Dec. 16)*.
*Yes, we’re linking Patently-O even though they’re (momentarily) still ahead of us in the ABA blog contest voting. We’ll even stipulate that they’re a pretty good blog. That doesn’t excuse you from going and voting for Overlawyered now.