Maine – Overlawyered

Higher education roundup

Walter Olson — Fri, 05 Oct 2018 10:03:34 +0000

Administrators at University of Southern Maine, a public institution, hastily yank course that offered credit for harassing Sen. Susan Collins on Kavanaugh nomination [Dennis Hoey, Portland Press Herald, USM press release] Some colleges would rally around an alumnus nominated to the high court, while others would maintain institutional neutrality. At Yale a large faction demanded a commitment to opposition [Peter Schuck, Minding the Campus; related Twitter thread (“2018: the year of weaponizing college friendships”)]
Canadian university suspends economics professor without pay for publishing journal article documenting colleagues’ publication in questionable scholarly journals [Douglas Todd/Vancouver Sun, paper]
Q. How many lampooned academics does it take to appreciate the Helen Pluckrose / James Lindsay / Peter Boghossian grievance studies hoax? A. That is *not* funny [Alexander C. Kafka, Chronicle of Higher Education rounding up reactions]
Notwithstanding “enforcement will be consistent with the First Amendment” disclaimer, language in U.S. Dept. of Education Office for Civil Rights ruling could pressure universities to restrict some criticism of Israel [Eugene Volokh]
“As many as one in three students at some elite colleges have been officially designated ‘disabled.'” [Garland Tucker, Martin Center] “ADA in the Classroom: Suitable Accommodation or Legalized Cheating?” [Ari Trachtenberg, 2016]
“Taking the Bar Exam as a 46-Year-Old Law Professor” [Orin Kerr]

Tags: colleges and universities, disability & schools, law schools, Maine, political correctness, Yale

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

September 27 roundup

Walter Olson — Thu, 27 Sep 2018 10:01:50 +0000

It works if your court is in Maine: “Motion to Continue Because of Moose Attack” [Lowering the Bar]
“John Bolton is Right About the International Criminal Court” [Jeremy Rabkin, Weekly Standard, earlier]
No kidding. “Unintended Impact: Detroit Crackdown on Landlords Could Boost Rents” [Deadline Detroit; Violet Ikonomova, Metro Times]
Advocacy groups “were focused on food deserts ‘because access was a social justice issue. It wasn’t based on evidence because there wasn’t any evidence.'” [Tamar Haspel, Washington Post]
“Good moral character” prerequisites for holding licenses are vague and subjective even in ordinary times, and should not be pressed into surrogate use against political foes [Jonathan Haggerty and C. Jarrett Dieterle, R Street Institute]
California fisheries and Chevron deference: “An Otter Travesty by the Administrative State” [Ilya Shapiro on Cato cert amicus petition in California Sea Urchin Commission v. Combs]

Tags: administrative law, Detroit, international human rights, landlord tenant law, Maine, obesity, occupational licensure

September 27 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Free speech roundup

Walter Olson — Thu, 06 Apr 2017 04:05:17 +0000

“Spanish woman given jail term for tweeting jokes about Franco-era assassination” [The Guardian]
If California Attorney General Xavier Becerra’s 15-felony complaint and arrest warrant against activist filmmakers David Daleiden and Sandra Merritt is a vendetta, it’s one motivated by speech. That’s serious [Jacob Sullum]
“A.B. 1104 — a censorship bill so obviously unconstitutional, we had to double check that it was real.” [EFF on stalled California bill to ban “fake news,” introduced by Assemblymember Ed Chau (D-Monterey Park)] “Germany approves bill curbing online hate crime, fake news” [AP/Yahoo, earlier]
“Another Free Speech Win In Libel Lawsuit Disguised As A Trademark Complaint” [Tim Cushing, TechDirt; criticism of doctor’s experimental treatment methods]
Punching a hole out of Section 230: new “sex trafficking” bill could have far-reaching consequences for web content and platforms [Elizabeth Nolan Brown, Reason]
One section of a Maine bill would bar state’s attorney general from investigations or prosecutions based on political speech [HP 0551; Kevin at Lowering the Bar is critical of bill]

Tags: attorneys general, California, climate deniers to the wall, free speech, Germany, Maine, movies film and videos, Spain, trademarks

Free speech roundup 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

“I think the best thing to do is stay small and not hire anybody”

Walter Olson — Sat, 25 Jun 2016 18:00:40 +0000

How the surge of new labor legislation and regulation is affecting some New England farmers [Mary Pols, Portland Press Herald via Ira Stoll, Future of Capitalism]

Tags: agriculture and farming, Maine, Vermont, wage and hour suits, workplace

“I think the best thing to do is stay small and not hire anybody” is a post from Overlawyered - Chronicling the high cost of our legal system

Election results special

Walter Olson — Thu, 05 Nov 2015 05:15:24 +0000

In an outbreak of economic sanity, voters in Portland, Maine on Tuesday rejected a $15 minimum wage, while San Francisco voters turned down a measure to crush AirBnB (complete with lawsuit-generating component). Ohio voters soundly defeated a proposal for a legalized, but monopolized, marijuana trade that many libertarian commentators considered worse than no bill at all. And after a race notable for its high volume of interest-group contributions, Pennsylvania voters chose to fill three seats on the state’s supreme court with a slate of three Democratic candidates backed by trial lawyers.

Tags: Maine, minimum wage, Pennsylvania

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

Law enforcement for profit roundup

Walter Olson — Mon, 27 Jul 2015 04:05:00 +0000

One Oklahoma official used asset forfeiture to pay back his student loans, another lived rent-free in a confiscated house [Robby Soave, Reason]
Per ACLU, Arizona has a one-way legal fee rule in forfeiture cases, with prevailing police allowed to collect from property owner but not vice versa [Jacob Sullum]
From Michael Greve, some thoughts on prosecution for profit and where money from public fines should go [Liberty and Law]
About the Benjamins: Philadelphia mayor-to-be cites revenue as reason to let parking officers ticket sidewalk users [Ed Krayewski, Reason]
Captive market: with wardens’ and sheriffs’ connivance, prison phone companies squeeze hapless families [Eric Markowitz, IB Times]
Former red light camera CEO pleads guilty to bribery, fraud in Ohio [Cyrus Farivar, Ars Technica]
Taxpayers lose as Maine counties jail indigents over unpaid fines [Portland Press-Herald]
“St. Louis County towns continue to treat residents like ATMs” [Radley Balko]

Tags: Arizona, attorneys' fees, forfeiture, law enforcement for profit, Maine, Oklahoma, Philadelphia, prisoners, red light cameras

Law enforcement for profit roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Nanny state roundup

Walter Olson — Wed, 12 Feb 2014 04:05:07 +0000

Sock puppets: U.K. and E.U. governments both fund public advocacy campaigns on paternalism themes, effectively lobbying themselves at taxpayer expense. Sounds kinda familiar [Christopher Snowdon on Institute for Economic Affairs studies]
Federal government, in the form of the CDC, wishes your doctor would nag you more about your drinking [Jacob Sullum, more]
“$10m look into games and gun violence a bust” [Rob Beschizza; Mike Rose, Gamasutra; related, Scott Shackford]
Assumption of risk won a round at the California Supreme Court a year ago in a case on amusement park bumper cars [S.F. Chronicle, ABA Journal, related on Disneyland teacups] J.D. Tuccille on motorcycle risks [Reason]
As a country Australia is known for freedom, so why’s it a leader in enacting bans? [Vivienne Crompton, IPA “Freedom Watch”]
“Maine’s unwise and unconstitutional ban on disclosing the alcohol content of beers” [Jonathan Adler]
FDA mandate on removal of nicotine could benefit head regulator’s former client [Jacob Grier] Glaxo SmithKline, Johnson & Johnson also push bans on e-cigarettes, which compete with their nicotine therapies [Tim Carney] AGs from 24 states (AL, AZ, CA, CO, CT, DE, HI, ID, IL, IN, IA, ME, MD, MS, MT, NH, NM, NY, OH, OR, PA, RI, VT, WA) write FDA urging ban on menthol in cigarettes [CSPNet] “Cigarette Sin-Tax Hike Could Boost Black Markets” [Steven Greenhut] Brendan O’Neill on secondhand smoke [Reason]

Tags: advocacy funding, alcohol, amusement parks, assumption of risk, Australia, beer and brewers, FDA, Maine, nanny state, tobacco, videogames

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

Police and prosecution roundup

Walter Olson — Thu, 01 Aug 2013 04:05:44 +0000

Detroit police blasted for arresting Free Press photographer who filmed arrest with her iPhone [Poynter]
“The discomfort of principles” in criminal defense matters [Gideon’s Trumpet]
House Judiciary panel on overcriminalization and mens rea shows genuinely useful bipartisanship [Jonathan Blanks, Cato] One in four new bills these days to create criminal liability lacks mens rea [Paul Rosenzweig/Alex Adrianson, Heritage]
Auburn, Alabama: “Cop Fired for Speaking Out Against Ticket and Arrest Quotas” [Reason TV]
Film project on overturned Death Row convictions [One for Ten] “Forensics review reveals hair evidence was possibly exaggerated in 27 capital cases” [ABA Journal]
Critics of Stand Your Ground seem to be having trouble coming up with examples to back their case [Sullum]
Maine: “Hancock County prosecutor admits violating bar rules in sexual assault trial” [Bill Trotter, Bangor Daily News]

Tags: Alabama, defense lawyers, Detroit, Maine, mens rea, photography, police, prosecutorial abuse, stand your ground, U.S. House of Representatives

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

Food roundup

Walter Olson — Mon, 29 Jul 2013 04:05:18 +0000

“Farm Free Or Die! Maine Towns Rebel Against Food Rules” [NPR on “food sovereignty” ordinances]
“How much sense does it make for Detroit to be worrying people will open restaurants without enough parking?” [@mattyglesias]
Report: undercover cop co-wrote anti-McDonald’s leaflet that resulted in famous UK libel suit [Guardian]
Quizzed on food policy, post-Bloomberg NYC mayoral hopefuls offer many bad ideas; Republican John Catsimatidis, grocer, proposes regs “that would require new buildings to rent to grocery stores.” [Edible Geography]
Spontaneous consumer discontent over labeling? No, lawyer-driven: consortium of law firms has sued more than 30 food cos. in single federal court [WLF]
Private GMO labeling a wave of the future? [Baylen Linnekin]
“Eight toxic foods: a little chemical education” [Derek Lowe, Corante “Pipeline”, schooling BuzzFeed]
Obamacare calorie-count display mandate likely to curb menu variety [Liz Thatcher, RCP, earlier]

Tags: Detroit, eat drink and be merry, food safety, Maine, McDonald's, NYC, restaurants

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