illegal drugs – Overlawyered

Charge-dropping, sanctuary, and the people’s voice in prosecution

Walter Olson — Tue, 07 Jan 2020 05:05:00 +0000

If county and city law enforcers have discretion not to charge low-level drug offenses, do they also have discretion not to charge low-level gun offenses? Cam Edwards on the Virginia battle over “Second Amendment sanctuary” resolutions [National Review].

Tags: guns, illegal drugs, immigration law, Virginia

Charge-dropping, sanctuary, and the people’s voice in prosecution is a post from Overlawyered - Chronicling the high cost of our legal system

The seamy side of the recovery industry — and how the law enables it

Walter Olson — Thu, 19 Dec 2019 10:58:17 +0000

Lengthy exposé of abuses and money-chasing in the drug- and alcohol-recovery industry has many angles, some relating to the legal environment in which the abuses arise: “We kept hearing about people with substance-use disorder being exploited by bad actors who take advantage of well-intended federal laws, like the Americans with Disabilities Act and the Affordable Care Act, and that they keep them in an endless pattern of relapse to siphon off their insurance benefits.” [Colton Wooten, The New Yorker]

Tags: alcohol, disabled rights, illegal drugs, opioids

The seamy side of the recovery industry — and how the law enables it is a post from Overlawyered - Chronicling the high cost of our legal system

Opioids roundup

Walter Olson — Mon, 25 Nov 2019 10:55:40 +0000

Central planning meets the Drug War: Drug Enforcement Administration (DEA) presumes to know and decree “just how many prescription opioids of all classifications and in all situations will be needed in the coming year for a nation of 325 million people.” Paging Dr. Hayek [Jeffrey Singer]
Mysteries of the “negotiating class”: National Association of Attorneys General questions novel procedural device used by federal judge Dan Polster in Cleveland [Daniel Fisher, Legal Newsline, more; Amanda Bronstad, Law.com (Sixth Circuit review)]
“All of these are drug-seeking behaviors. But I maintain that none of these patients were addicted.” Scott Alexander talks back to a U.S. Senator, the WSJ, and others [Slate Star Codex] “How Stigma Against Addiction Devastates Pain Patients” [Elizabeth Brico at Filter, a recent launch on drug policy]
“Why Opioid Pharma Hatred Is Overblown and Harmful” [Alison Knopf, Filter] A Washington Post series on pill distribution fueled a false narrative [Singer, Jacob Sullum, and they’re just getting started]
“Patients, Privacy, and PDMPs: Exploring the Impact of Prescription Drug Monitoring Programs,” Cato policy forum with David S. Fink, Kate M. Nicholson, Nathan Freed Wessler, and Patience Moyo, moderated by Jeff Singer;
Oklahoma U. law prof says “improper” opioid nuisance suit by state’s attorney general could “create a monster” [Karen Kidd, Legal Newsline; earlier here, here, etc.] If judge can essentially rewrite public nuisance law, ramifications “are huge” for other industries that might be targeted in future, “such as the environmental, chemical, vaping, firearms manufacturing, and energy industries.” [John Shu, Federalist Society]

Tags: illegal drugs, Oklahoma, opioids, pharmaceuticals, public nuisance

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

After outbreak of bootleg-vape injuries, government restricts aboveboard vaping products

Walter Olson — Sat, 21 Sep 2019 15:55:28 +0000

1) Batches of black-market vaping products, mostly containing THC rather than nicotine and used to get high, turn out to contain adulterants, most likely Vitamin E acetate, known to be harmful when inhaled. Over a period of weeks, hundreds of users fall seriously ill and several die in a classic “bad batch” episode familiar to epidemiologists and those who study the Drug War. [Erin Schumaker, ABC News]

2) Government reacts by banning a range of lawful nicotine vaping products sold in stores, none of which have been implicated in the deaths or injuries.

3) Predictable result: to drive some nicotine vape users back to cigarette smoking, and others toward sources of black-market supply. Good job, government! What problem would you like to fix next?

[Kimberly Leonard and Cassidy Morrison, Washington Examiner; Federalist Society Regulatory Transparency Project video featuring Sally Satel; Slate podcast with Jacob Grier; Jeffrey Singer, New York Daily News]

More: “Might restricting e-cigarette flavors actually increase smoking? (And acculturate vapers to tobacco flavors?) There’s actually some research on that” [Jonathan Adler on Twitter] Plus: trial lawyers circle vaping industry [Brendan Pierson, Reuters]

Tags: FDA, illegal drugs, nanny state, tobacco

After outbreak of bootleg-vape injuries, government restricts aboveboard vaping products is a post from Overlawyered - Chronicling the high cost of our legal system

Watching you for your own good

Walter Olson — Thu, 06 Jun 2019 09:55:40 +0000

Under a sweeping surveillance program, the federal Drug Enforcement Administration “secretly spied on Americans who bought money counters, ‘the vast majority’ of whom “were never shown to be connected to illicit drug-related activities.” The “administrative” subpoenas the DEA routinely issued to companies that sold money counters not only were “conducted without any court oversight, they were ‘unrelated to a specific drug trafficking investigation or target.'” [Nick Sibilla, Forbes via IJ]

Tags: Fourth Amendment, illegal drugs, surveillance

Watching you for your own good is a post from Overlawyered - Chronicling the high cost of our legal system

Congress chases a viral scare story on fentanyl exposure

Walter Olson — Sun, 02 Jun 2019 15:58:33 +0000

Congress is racing to address a problem toxicologists say probably doesn’t exist: the dangers to police and emergency medical technicians of incidental exposure to the powerful drug fentanyl. I explain in a new piece at Reason.

Tags: emergency services, illegal drugs, police, WO writings

Congress chases a viral scare story on fentanyl exposure is a post from Overlawyered - Chronicling the high cost of our legal system

Medical roundup

Walter Olson — Mon, 13 May 2019 09:59:26 +0000

Why is insulin so expensive? [Tyler Cowen] “People Are Clamoring to Buy Old Insulin Pumps” [Sarah Zhang, The Atlantic via Ted Frank (calling it “an amazing story …about a problem created by overregulation and fear of tort liability, words that never appear in the article”)]
Opioid litigation might be working to let the policy offenders in government get away [Jeffrey Miron and Laura Nicolae, Real Clear Policy/Cato; Jeffrey Singer, Cato; Charles Fain Lehman, National Review] A contrasting view: Nicolas P. Terry, Petrie-Flom “Bill of Health”;
Read and marvel: Critical Dietetics, a social justice health movement [James Lindsay on Twitter]
How HIPAA, the health privacy law, impedes potentially life-saving research into health records [John Cochrane]
Uh-oh: Pennsylvania Supreme Court move could reopen forum shopping for medical malpractice lawsuits [David Wenner, Penn Live]
“Transparent Medical Pricing and the $89,000 Snake Bite” [Cato Podcast with Eric Ferguson]

Tags: HIPAA, illegal drugs, medical, opioids, Pennsylvania, pharmaceuticals

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

Illinois high court nixes collective-geographic-liability law on drug overdoses

Walter Olson — Thu, 11 Apr 2019 10:00:08 +0000

Over a dissent from two of its justices, the Illinois Supreme Court has struck down a law purporting to establish collectivized liability for drug overdoses: “Illinois state law allows family members of people who overdose to sue anyone within a given geographic area who sold or distributed the same kind of drug. Illinois Supreme Court: It violates due process for a plaintiff to recover a lot of money from a person who had no connection at all to the drug user. Dissent: Although the law ‘pushes the boundary of civil liability by dispensing with traditional notions of causation,’ we’re meant to be more deferential to the legislature under the rational basis test.'” [John K. Ross, IJ “Short Circuit” on Wingert v. Hradisky (citing parallel “market share liability” doctrines; “At least 18 states and one territory of the United States have adopted the Model Act or some version of [the Model Drug Dealer Liability Act]”)]

Tags: deep pocket, illegal drugs, Illinois, joint and several liability

Illinois high court nixes collective-geographic-liability law on drug overdoses is a post from Overlawyered - Chronicling the high cost of our legal system

Schools and childhood roundup

Walter Olson — Fri, 05 Apr 2019 09:59:07 +0000

Stop active-shooter drills in schools: “Preparing our children for profoundly unlikely events would be one thing if that preparation had no downside. But in this case, our efforts may exact a high price.” [Erika Christakis, The Atlantic] “Lockdowns and active-shooter drills have led to officers firing blank rounds to simulate live fire, mock executions of teachers, and students tearfully writing out wills while hunkered down. …Last year, The Post reported an estimate that the odds of a child being fatally shot while at school any given day since 1999 was 1 in 614,000,000.” [Jonathan Blanks, Washington Post/Cato]
After ordeal with Child Protective Services based on drug test fluke, Western New York mom “is certain of one thing, she’ll never eat a poppy seed again.” [WROC]
Answer: no. “Should access to a public education be a constitutional right for all children?” [Jessica Campisi, Education Dive; Mark Walsh, Education Week, covering AEI debate on holding of 1973 Supreme Court case of San Antonio Independent School District v. Rodriguez against such a federal right]
Pay attention to the politics of schools of education, because they help determine what you’ll see in the classroom down the road [Jay Schalin, Martin Center] More: University of Washington’s Secondary Teacher Education Program “is a 12-month immersion in doctrinaire social justice activism.” [Quillette]
“The Regressive Effects of Childcare Regulations” [Cato video with Ryan Bourne]
“Court revives Obama-era rule that incentivizes racial quotas in special ed” [Liam Bissainthe]

Tags: Child Protective Services, colleges and universities, disability & schools, guns, illegal drugs, schools

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

Discrimination law roundup

Walter Olson — Mon, 28 Jan 2019 10:59:38 +0000

New EEOC chief data officer says machine learning algorithms may soon enable agency to predict, and deploy resources against, workplace bias before it happens [Paige Smith, Bloomberg Law]
“The BSO, in a statement, defended its pay structure, saying that the flute and oboe are not comparable, in part because the oboe is more difficult to play and there is a larger pool of flutists.” [Geoff Edgers, Washington Post/Allentown Morning Call]
Even they can’t comply: “The case was ironic since the commission is charged with eliminating discrimination in Pennsylvania.” [Matt Miller, PennLive, on the Pennsylvania Human Relations Commission’s jury loss in a race discrimination complaint] “Do as they say, not as they do: employees accuse Planned Parenthood of pregnancy discrimination” [Jon Hyman]
Fourth Circuit: maybe Title VII doesn’t create a right to swipe files from HR [Jon Hyman]
Although libertarians support legalizing marijuana, they should not support laws that bar employers from discriminating on the basis of marijuana use [Jeffrey Miron, Cato]
“Why do women earn less than men? Evidence from train and bus operators” [Valentin Bolotnyy and Natalia Emanuel via Tyler Cowen]
Minnesota jury orders women’s football team and league to pay $20,000 to transgender applicant turned away [Mary Lynn Smith, Minneapolis Star Tribune]

Tags: discrimination law, do as we say, EEOC, illegal drugs, music and musicians, sex discrimination, sports, transgender, workplace

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