Hillary Clinton – Overlawyered

Rep. Tulsi Gabbard, Lawrence Lessig file defamation suits

Walter Olson — Sat, 25 Jan 2020 16:59:28 +0000

“Democratic presidential candidate Rep. Tulsi Gabbard filed a defamation lawsuit Wednesday against Hillary Clinton seeking $50 million in damages, claiming the former Democratic presidential nominee ‘carelessly and recklessly impugned’ her reputation when she suggested in October that one of the 2020 Democratic candidates is ‘the favorite of the Russians.'” [Erik Ortiz, NBC News; Jonathan Adler (“quite skeptical” as to “whether the suit gets anywhere on the merits”); Christian Britschgi, Reason; text of complaint; Popehat] Related update, March: judge tosses Gabbard’s separate case against Google.

Harvard law professor and political activist Lawrence Lessig, who ran for the Democratic presidential nomination but withdrew before the primaries, “has filed a defamation lawsuit against the NY Times, its executive Editor Dean Baquet, its Business Editor Ellen Pollock, and reporter Nellie Bowles. Lessig is upset about the way some blog posts he made were portrayed by the NY Times…. saying this is his attack on what he calls ‘clickbait defamation.'” [Mike Masnick, TechDirt]

Tags: Hillary Clinton, libel slander and defamation, New York Times, politics

Rep. Tulsi Gabbard, Lawrence Lessig file defamation suits is a post from Overlawyered - Chronicling the high cost of our legal system

Election roundup

Walter Olson — Wed, 09 Nov 2016 12:30:37 +0000

Does money rule politics? As of late October Trump campaign had been badly outspent by Clinton, with Super PAC money favoring her by more than 3-1 [Bloomberg]
Clinton v. Jones, 520 U.S. 681 (1997), on whether private lawsuits can proceed against a President while in office, “potentially quite important again.” [Orin Kerr]
Related, from Ken White at Popehat a few days back: stop painting the civil suits against Donald Trump as worse than they are;
“Democrats, please: Do not respond by doubling down on identity politics. That is poison in a multi-ethnic democracy.” [Jonathan Haidt]
Maricopa County, Ariz. sheriff Joe Arpaio, a frequent target in this space, loses re-election bid [NPR]
Successful ballot measure will make Maine first state to adopt “ranked-choice” preferential voting [Ian Farrow, Tyler Cowen]
More: What Donald Trump’s election will mean for the Supreme Court [Josh Blackman, Ilya Shapiro]

Tags: campaign regulation, Donald Trump, Hillary Clinton, Maine

Election roundup is a post from Overlawyered - Chronicling the high cost of our legal system

When young Hillary Clinton defended an accused rapist

Walter Olson — Tue, 11 Oct 2016 04:05:44 +0000

Although she’s gotten blasted a lot about it, the “criticisms are (mostly) wrong and the defenses are (mostly) right,” argues Ken White at Popehat. On similar themes: Mirriam Seddiq, Not Guilty No Way, and Jonathan Adler/Volokh in 2014.

Tags: defense lawyers, ethics, Hillary Clinton

When young Hillary Clinton defended an accused rapist is a post from Overlawyered - Chronicling the high cost of our legal system

September 28 roundup

Walter Olson — Wed, 28 Sep 2016 10:01:26 +0000

Today at Cato, Josh Blackman discusses his new book Unraveled: Obamacare, Religious Liberty, and Executive Power with comments from Washington Post Supreme Court reporter Robert Barnes and Philip Klein of the Washington Examiner, Ilya Shapiro moderating [watch live 12 noon Eastern]
Breed-specific laws fuel mass euthanasia: “Montreal Gearing Up To Sentence Huge Numbers Of Innocent Dogs To Death” [Huffington Post]
Feds prepare to mandate mechanical speed governors capping road speed of tractor-trailers; truckers warn of crashes and traffic jams [AP/San Luis Obispo Tribune]
“You have to go back to the Red Scare to find something similar,” said Rep. Eddie Bernice Johnson (D-Texas) of advocacy-group subpoenas by Hill committee in “Exxon Knew” probe. Or just five months to the CEI subpoena [Washington Post hearing coverage which oddly omits mention of CEI episode]
“I’m not here to take away your guns.” Why Hillary Clinton’s assurances ring hollow [Jacob Sullum] Trump’s comments defending stop-and-frisk and no-fly no-buy further undercut his never-impressive claims as defender of gun liberty [AllahPundit, Leon Wolf, Ilya Somin]
Why my Cato colleagues believe the Trans-Pacific Trade Partnership (TPP) is worth supporting as a trade liberalization measure despite some suboptimal aspects [Daniel J. Ikenson, Simon Lester, Scott Lincicome, Daniel R. Pearson, K. William Watson, Cato Trade]

Tags: animals, autos, Canada, Cato Institute, climate deniers to the wall, Donald Trump, free trade, guns, Hillary Clinton, ObamaCare, religious liberty

September 28 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

August 31 roundup

Walter Olson — Wed, 31 Aug 2016 04:05:43 +0000

“If you want lifetime employment, go into compliance.” [Daniel Yergin, WSJ via Arnold Kling]
A Supreme Court with new Clinton nominees likely to spell bad news for business in arbitration, class actions, employment/labor, environmental issues [Daniel Fisher]
Guilty plea for man who staged 50+ fake car accidents as part of eastern Connecticut fraud ring [U.S. Department of Justice, Norwich Bulletin, Insurance Journal]
An ambitious social welfare program in India failed in part because of its transparency and anti-corruption rules [Phys.org]
“The Supreme Court Should Reassert the Importance of Procedural Gatekeeper Rules to Deter Antitrust Litigation Excesses” [Alden Abbott]
A short guide to what lawyers mean by “equity,” for law students and others [Sam Bray]

Tags: antitrust, crash faking, Hillary Clinton, India, Supreme Court

August 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Banking and finance roundup

Walter Olson — Mon, 29 Aug 2016 04:05:37 +0000

Wells Fargo declines to serve firm that sells knives online, which might relate to a “mass de-risking” trend that followed Operation Choke Point [Kelsey Harkness/Daily Signal, H. Clay Aalders/The Truth About Knives]
“Time For Securities Lawyers To Stand Behind Their `Confidential Witnesses'” [Lyle Roberts via Daniel Fisher]
Attractions of English law may help London retain luster as financial center post-Brexit [Jon Sindreu, WSJ]
“Hillary Clinton’s ‘Exit Tax’ Is an Unseemly Example of Banana Republic Economics” [Daniel Mitchell, related earlier] Three good ideas from Clinton’s small business tax plan [Scott Greenberg, Tax Foundation]
Lawyers file class actions against Yale, Harvard, MIT, many other universities, objecting to excessive fees on retirement fund investments [Ira Stoll, Future of Capitalism; Benjamin Edwards, PrawfsBlawg]
“White House climate disclosure plan is major executive overreach.” [Ray Lehmann, R Street Institute]

Tags: banks, climate change, colleges and universities, Hillary Clinton, Operation Choke Point, securities litigation, United Kingdom, Wall Street

Banking and finance roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Labor and employment roundup

Walter Olson — Tue, 23 Aug 2016 04:05:44 +0000

“Clusters” of nursing employees “standing around and ‘chitchatting’ about their concern that their cars would be damaged if they voted against union representation.” D.C. Circuit rejects NLRB position that talk of tire-slashing by union backer known to have “been in violent altercations in the past, and [sporting current] hand injury from a knife fight” was harmless joking [John Ross, Short Circuit on Manorcare of Kingston v. NLRB]
Karma stalks #FightFor15, SEIU: “Union protested by its own minimum wage organizers” [Sean G. Higgins]
Feds raid powerful Philadelphia construction union boss, allies [Jillian Kay Melchior, Heat Street, Philadelphia Daily News, NBC Philadelphia, earlier Melchior on role of John (“Johnny Doc”) Dougherty in enactment of city’s soda tax]
“A New Illegal Interview Question: How Much Did You Earn In Your Last Job?” [Evil HR Lady on just-passed Massachusetts law]
“You have the right to replace striking workers, right?” [Jon Hyman]
Hillary Clinton now hinting at increased federal control over labor markets as a centerpiece of economic policy if elected [John Cochrane]

Tags: Hillary Clinton, labor unions, Massachusetts, National Labor Relations Board, Philadelphia

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Another look at mens rea?

Walter Olson — Tue, 12 Jul 2016 10:13:48 +0000

“In a cruel irony, the Obama administration has scuttled one of its own late-term policy priorities — criminal-justice reform — because it opposes affording ordinary people the same defense [FBI director James] Comey invoked for [Hillary] Clinton.” [James Copland and Rafael Mangual, TownHall] “Not every potential federal defendant gets the benefit of such distinctions. Consider the retired racecar driver on a snowmobile outing in Colorado who got lost in a blizzard and unwittingly crossed into a National Forest Wilderness Area, the Native Alaskan trapper who sold 10 sea otters to a buyer he mistakenly believed was also a Native Alaskan, and the 11-year-old Virginia girl who rescued a baby woodpecker from her cat. …All three qualify as federal crimes, even though the perpetrators had no idea they were breaking the law — a kind of injustice that would be addressed by reforms that opponents falsely portray as a special favor to corporate polluters and other felonious fat cats.” [Jacob Sullum, earlier on mens rea] In Ms. Clinton’s case, didn’t she at least have a clear intent to violate FOIA and similar public access laws? [Coyote]

Tags: FOIA and public records laws, Hillary Clinton, mens rea

Another look at mens rea? is a post from Overlawyered - Chronicling the high cost of our legal system

Politics roundup

Walter Olson — Sun, 03 Jul 2016 18:11:05 +0000

Vice presidential candidate Bill Weld, at Libertarian ticket town hall with Gary Johnson: trade war that followed Smoot-Hawley tariff “croaked the world economy.” Points for using “croaked” in a policy debate [CNN transcript]
Litigator in chief? USA Today deep dive on Donald Trump’s lawsuit involvements including non-payment and tax categories [earlier]
Lawyers and law firms had given 350 times more to pro-Clinton than pro-Trump efforts as of late May [American Lawyer, graphic] Should a lawyer work for Trump? [Josh Blackman]
Be warned. “If Congress refuses to act, Hillary will take administrative action” against guns, her campaign vows [J.D. Tuccille]
Raises interesting constitutional issues whatever one’s views of a #NeverTrump revolt [Washington Examiner]
Trial lawyer/social conservative slate bid to control Texas GOP goes down in flames. [Texas Tribune, earlier]

Tags: Donald Trump, Hillary Clinton, politics, wayward Republicans

Politics roundup is a post from Overlawyered - Chronicling the high cost of our legal system

June 1 roundup

Walter Olson — Wed, 01 Jun 2016 04:05:14 +0000

Report: TV comedy incorporated old footage of videogame from YouTube clip, then sent clip’s originator takedown notice based on its having content identical to that in show [Damien McFerran, NintendoLife]
Claim of negligent security: Planned Parenthood sued over Denver abortion clinic shooting [Reuters]
Trail of fraudulent overbilling in latest False Claims Act leads back to — well, the NYC government [New York Daily News, U.S. Attorney press release]
Hillary Clinton continues to recite untruths about the Protection of Lawful Commerce in Arms Act (PLCAA), the federal gun liability law; we’ve made that point a number of times, but now Dave Kopel has a post going into more detail;
Why Coyote yearns to exit California businesses: “my mental bandwidth is consumed by regulatory compliance”;
“Judge of bogus ‘postal court’ files purported judgments, claims only nouns have legal meaning” [ABA Journal] “Sovereign citizen” talk found in various other parts of the English-speaking world, also Germany where some argue Weimar Republic is still in effect [Lowering the Bar; sequel (“Sovereign Citizens Also Bothering Scotland”); our folk law heading]

Tags: California, folk law, Hillary Clinton, Protection of Lawful Commerce in Arms Act, qui tam, third party liability for crime

June 1 roundup is a post from Overlawyered - Chronicling the high cost of our legal system