- “The Climate Debate Should Focus on How to Address the Threat of Climate Change, Not Whether Such a Threat Exists” [Jonathan Adler, whose analysis of environmental law is often quoted in this space]
- “Grizzly Bears and Endangered Species Recovery” [Cato Daily Podcast with Brian Yablonski and Caleb Brown] “Property Rights as a Foundation for Conservation” [same, with Holly Fretwell and Brown]
- “If an environmentalist values the land more than ranchers do, then the environmentalist should get the lease.” [Shawn Regan, Reason; related on “diligence” regulations in federal resource leasing Robert M. Nelson, Regulation, Jan./Feb. 1983]
- “Litigation vs. Restoration: Addressing Louisiana’s Coastal Land Loss” [U.S. Chamber Institute for Legal Reform, earlier]
- Who will build the roads? Go ask Friedrich Engels [David Henderson, Econlib] Related: Market Urbanism Report podcast on road privatization and other topics with Robert Poole, Chris Edwards and others;
- “Florida Democratic Party adopts ‘rights of nature’ into platform” [Scott Powers, Florida Politics; see here, here, here, etc.]
Posts Tagged ‘Florida’
Liability roundup
- U.S. Chamber’s annual lawsuit climate survey ranks Illinois as nation’s worst this year [Institute for Legal Reform]
- Withholding material helpful to the defense: “Time for a Brady-type disclosure requirement for federal government in False Claims Act litigation” [Stephen A. Wood, Washington Legal Foundation]
- “Both sides need to learn that frequently the best response to immature behavior is to ignore it. Don’t react, don’t sink to the other side’s level, don’t try to fight fire with fire.” Advice from a federal judge to the lawyers in a Florida case [Eugene Volokh; Doscher v. Apologetics Afield, Inc.]
- Expert witness follies: litigation funders are filling the old tort lawyer role of bankrolling dodgy research on which future litigation campaigns can be based [Jim Beck]
- Back in July I linked a grim assessment of Pennsylvania’s Oberdorf v. Amazon decision expanding product liability for retail platforms. Here’s a less grim one that came out around the same time [Gus Hurwitz, Truth on the Market]
- By South Florida standards, those $1 million lawsuit fraud charges against an ADA lawyer the other day aren’t especially big; last year feds shut down an auto-claims ring they said cleared $23 million and involved “chiropractors, attorneys, clinic owners and tow-truck drivers.” [Paula McMahon, South Florida Sun-Sentinel; Insurance Fraud Hall of Shame]
Destructive rights of student inclusion
If you have wondered how the Parkland killer could have asserted a legal right to be “mainstreamed” into Marjory Stoneman Douglas High School despite a long history of violent tendencies, this investigation by the local newspaper may provide your answer.
In an eight-month investigation, the South Florida Sun Sentinel found that a sweeping push for “inclusion” enables unstable children to attend regular classes even though school districts severely lack the support staff to manage them. … Even threatening to shoot classmates is not a lawful reason to expel the child….
“It’s just a no-win scenario right now,” said attorney Julie Weatherly, of Mobile, Alabama, who advises school districts on the legal complexities of removing aggressive students when they have a disability. “Nobody wants a Parkland, of course. It’s this huge nightmare.”
Aside from IDEA, the federal disabled-rights-in-school laws, and its sometimes even more stringent state counterparts, federal education privacy laws are involved as well. A Broward County teacher chose to break the rules after an elementary student “obsessed” over a girl, tormented her if she withheld attention, and on being removed from the classroom one day cried and screamed her name while throwing himself against a door:
The girl’s mother had no idea her daughter was being terrorized. Because of the student’s federally protected privacy rights, Budrewicz’s bosses cautioned her not to tell the mother — a warning she ultimately defied. The mom cried and thanked her and removed her daughter from the class the next day, she said.
[Brittany Wallman and Megan O’Matz, South Florida Sun-Sentinel; earlier here and here]
Feds: lawyer made $1 million from bogus ADA claims in New York and Florida
Feds arrested Florida attorney Stuart Finkelstein on charges of mail fraud, aggravated identity theft, false declarations to a court, and obstruction of justice following a scheme in which they say he filed more than 300 lawsuits on behalf of two purported clients who had attempted to visit public establishments but were frustrated by lack of Americans with Disabilities Act (ADA) compliance. In reality, prosecutors say, the two individuals “neither retained nor authorized Finkelstein to file ADA lawsuits on their behalf” and “never attempted to visit” the public establishments. The lawyer allegedly “made numerous false representations” both to the businesses and to the courts, “obstructed official judicial proceedings, and then settled these fake lawsuits in order to collect approximately $930,000 in attorney’s fees.” The suits were filed in New York and Florida. [U.S. Department of Justice press release; Jay Weaver, Miami Herald]
“Expert on Money Laundering Arrested for … Well, You Can Probably Guess”
“He’s incredibly credentialed,” said a defense attorney who had employed the expert witness services of a University of Miami professor hailed as an authority on money laundering and who, according to prosecutors in a new indictment, has been lately engaging in the practice himself. [Kevin Underhill, Lowering the Bar]
Expensive windshields in Florida
Florida’s overdue insurance-law reform on the “assignment of benefits” issue had a carve-out excluding auto claims, and Sunshine State lawyers continue to ride auto-glass cases for automatic fee entitlements. A report from the Florida Justice Reform Institute “shows nearly all auto glass lawsuits come from just 15 law firms — one firm, Malik Law, accounts for nearly 30 percent of all such lawsuits filed this year. Additionally, the vast majority of auto glass lawsuits are in Hillsborough and Orange counties. FJRI speculates that’s due to higher attorney fee awards in those counties.” [Drew Wilson, Florida Politics, earlier]
Higher education roundup
- Federal judge upholds Harvard’s admissions policy against charges of discrimination against Asian Americans, appeal likely [Anemona Hartocollis, New York Times; Roger Clegg/Martin Center; Neal McCluskey, Hechinger Report (“private institutions should be free to have affirmative action, but it should be prohibited at public institutions”); Ilya Shapiro, WSJ last year]
- In Florida, following an initiative from Gov. Ron DeSantis, state universities expected to adopt versions of “Chicago Statement” committing to freedom of expression [Mary Zoeller, FIRE]
- Under antitrust pressure from the U.S. Department of Justice, college association drops guidelines discouraging “poaching” students and other competition for enrollment. Could mean big changes in admissions process [Scott Jaschik, Inside Higher Ed]
- In case you missed this angle in the astounding Bruce Hay story earlier: Hay “has already run afoul of [Harvard] investigators for reaching out to journalists (namely me), which they view as an act of retaliation” under Title IX [Kera Bolonik]
- “The Galling Push for a Student Debt Bailout” [Cato Daily Podcast with Christian Barnard and Caleb Brown] If more of the same is what you want, you’re in luck with the House majority’s new College Affordability Act [Neal McCluskey, Cato]
- The story of Oberlin College’s town-gown legal debacle in the Gibson case [Abraham Socher, Commentary] Return of the loyalty oath, cont’d: update on University of California requirement that all faculty candidates “submit an equity, diversity and inclusion statement as part of their application” [Nora McNulty, Daily Bruin; Stephen Bainbridge; earlier] Professor at the New School exonerated after quoting James Baldwin [FIRE] Students at University of Tennessee, Knoxville, have a lot of sensitivity training in their futures. Coming to 4-H too? [Hans Bader]
Labor and employment roundup
- Democratic contenders’ platforms on employment issues: Sanders still gets out furthest to left but Warren, Buttigieg, and O’Rourke giving him some serious competition [Alexia Fernández Campbell, Vox]
- Occupational licensure: more states embrace reform [Eric Boehm] Bright spots include Colorado (Gov. Jared Polis vetoes expansion) and Pennsylvania (recognition of out-of-state licenses) [Alex Muresianu and more] Connecticut catching up on nail salons, in a bad way [Scott Shackford]
- “Trump’s Labor Board Is Undoing Everything Obama’s Did” [Robert VerBruggen, NRO] A theme: to protect employee freedom of choice [Glenn Taubman and Raymond J. LaJeunesse, Federalist Society]
- Mistaken classification of a worker as an independent contractor, whatever its other unpleasant legal implications for an employer, is not an NLRA violation when not intended to interfere with rights under the Act [Todd Lebowitz; Washington Legal Foundation; In re Velox Express]
- Modern employers need to watch out for their HR departments, says Jordan Peterson [interviewed by Tyler Cowen, via David Henderson]
- Despite effects of federal pre-emption, state constitutions afford a possible source of rights claims for workers [Aubrey Sparks (Alaska, Florida constitutions) and Jonathan Harkavy (North Carolina), On Labor last year]
Higher education roundup
- Seventh Circuit panel rebukes Purdue in important Title IX case [KC Johnson, Minding the Campus] Since federal Dear Colleague letter pressuring them to revamp procedures in favor of accusers, colleges have been sued more than 500 times [Stephanie Gutmann, New York Post] Behind Harvard Title IX investigation of law professor Bruce Hay is a story of trust and betrayal that almost beggars belief [Kera Bolonik, New York] Analyzing student demands at Princeton [Conor Friedersdorf, The Atlantic]
- For research institutions, exposure to False Claims Act liability is more than just a mouse nibble: Duke University will pay $112 million following allegations that it misrepresented progress of rodent studies [U.S. Department of Justice press release]
- Waiting-and-seeing on the Trump campus free speech executive order [from this spring: Eugene Volokh; Heather Mac Donald (“The history of government mission creep and bloat is not reassuring”); FIRE (Foundation for Individual Rights in Education) statement; Neal McCluskey, Cato; Keith Whittington; Donald Downs, Martin Center; Tyler Cowen]
- Letter from 12 scholars: “Philosophers Should Not Be Sanctioned Over Their Positions on Sex and Gender” [Inside Higher Ed] “Self-Censorship on Campus Is Bad for Science” [Luana Maroja, The Atlantic] U.K.: “Stonewall’s LGBT Guidance is Limiting the Free Speech of Gender Critical Academics” [Kathleen Stock, Quillette; more]
- “Cambridge University, which still drips with Norman money and influence, should now consider to what extent it needs to compensate its Anglo-Saxon victims.” [satire: Sahil Mahtani, The Spectator (U.K.)]
- Gov. Ron DeSantis signs bill passed unanimously by Florida legislature defining as hateful in context of educational civil rights such things as “demonizing, applying a double standard to, or delegitimizing Israel.” Shouldn’t that be more controversial, especially as applied at university level, given that it takes in some kinds of core political speech? [John Haughey, Florida Center Square; Florida Politics: A.G. Gancarski, Scott Powers; Joe Cohn, FIRE]
Energy and climate roundup
- “The Supreme Court Should End Pipeline Companies ‘Build First, Pay Later’ Use Of Eminent Domain” [Andrew Wimer, Institute for Justice/Forbes, Robert Thomas, Inverse Condemnation on cert petition in Like v. Transcontinental Gas Pipe Line] Plus: Federalist Society teleforum on pipeline eminent domain battles with Robert J. McNamara of IJ and Peter Tolsdorf of NAM;
- New nuclear format: “Enough communities in Utah and elsewhere have agreed to purchase nuclear power from a small modular reactor planned at the Idaho National Laboratory, triggering a next phase in its development.” [Amy Joi O’Donoghue, Deseret News, Idaho National Lab/Energy Department, Adrian Cho/Science Mag]
- “National manufacturers group warns Florida a ‘climate litigation’ target” [John Haughey, Center Square]
- “Transportation Department Proposes New Criminal Thresholds For Anti-Pipeline Protests” [Western Wire, earlier here, here, here, etc.]
- The better to pressure you, my dear: groups demand that California insurers disclose fossil fuel insureds [Insurance Journal]
- “New Orleans coastal lawsuit will kill jobs, critics say” [Bethany Blankley, Center Square Louisiana, earlier]