- Scranton, Pa. federal judge “denies ‘exorbitant’ request for nearly $1M in attorney fees after $125K recovery” [ABA Journal; arose from bad faith insurance action on underlying uninsured motorist claim that settled for $25,000]
- As PETA settles monkey selfie case with hapless photographer, details confirm that “Naruto is really just a prop to be deployed in the case as PETA sees fit.” [Ted Folkman, Eriq Gardner, earlier] A sad catalogue of litigation abuse enabled by PETA’s donors [Frank Bednarz thread]
- Lively First Circuit opinion upholds extortion conviction of small town police chief [Bob Dunn, Berkshire Eagle, U.S. v. Buffis via IJ’s John Ross, “Short Circuit“; Lee, Mass.]
- She beat DOMA and the IRS too, and all in great style. My appreciation of Edith Windsor [Cato at Liberty]
- “North Carolina’s Fickle Finger of Redistricting” [also by me at Cato at Liberty]
- Me: “Posner was the judge lawyers really didn’t want to run into if they had bad class action settlements to defend” [Jonathan Bilyk, Cook County Record, earlier]
- Elected-official governance of how state university law centers sue local governments = “interference”? [J. Clara Chan, Chronicle of Higher Education; Jane Stancill, News and Observer; Ana Irizarry, UNC Daily Tarheel; James G. Martin Center for Academic Renewal, Jesse Saffron, Alex Contarino, Frank Pray]
- Zen Magnets update: “How One Man’s Quest To Save His Magnets Became A Massive Regulatory Battle” [Jeremy Kutner, Huffington Post, earlier]
- “The solar eclipse is no longer mysterious, supernatural, foreboding, or ominous.” Or cause to delay a trial [court order in U.S. v. Bishop, M.D. Fla.]
- Trump vs. business: “His recurring message is that any executive who doesn’t do as Trump wishes can expect retribution from the most powerful man on earth.” [Steve Chapman, Chicago Tribune/syndicated]
- Wales: “Mute and autistic girl was seized from family and locked up after false abuse claims” [Lucy Johnston, Express] On “facilitated communication” and the like, see earlier posts here and here;
- California bill would extend pre-litigation subpoena power, a powerful tool in inflicting cost and loss of privacy on targets, from current holders (state AG, county DAs) to city attorneys in San Francisco, L.A., San Diego, and San Jose [Civil Justice Association of California Bulletin; Amanda Robert, Legal NewsLine]
Some on the Board of Governors that oversees the University of North Carolina are unhappy with UNC law school’s Center for Civil Rights, a source of Left activism and litigation in the Tar Heel State. Now firebrand liberal UNC law professor Gene Nichol has warned the university of “serious accreditation problems in the months ahead” from the American Bar Association (ABA) and Association of American Law Schools (AALS) should it close the center. [News & Observer via Paul Caron, TaxProf]
I’ve got two new pieces up at Cato at Liberty:
1) Following an outcry, Nevada lawmakers have dropped a plan to hobble ridesharing services like Lyft and Uber by requiring that their drivers wait at least 15 minutes before picking up a fare. The bill had been backed by a taxi union that donates heavily to lawmakers: all must be brought down to the level of the slowest in the name of a level playing field!
2) No one’s willing to come out and say that the North Carolina bathroom compromise signed yesterday by Gov. Roy Cooper is actually pretty good. But it is.
The North Carolina Supreme Court has struck down as unconstitutional the state’s recently enacted so-called cyberbullying ban [Scott Greenfield] The court noted that the “statute criminalizes posting online ‘private, personal, or sexual information pertaining to a minor'” even though “these terms are not defined by the statute.” And the definition urged by the state would restrict a potentially wide range of discussion of “personal… information pertaining to a minor,” at least when proceeding from prohibited “intent to intimidate or torment.”
Earlier, New York’s highest court said the similar law in that state could not pass First Amendment muster. And a Eugene Volokh amicus brief challenges Maryland’s cyberbullying law, which I criticized at the time of its passage three years ago.
I’m on the road (Bay Area) and don’t expect to do new postings this week, but to pass the time while I’m away I’ve set the site up to re-run a number of oldie posts on a perennial topic in any legal system, the problem of fraud. It pokes its head in frequently on this site, from the $46,000 damage claim in the Gulf Coast oil spill aftermath that prosecutors say was filed on behalf of a dog, to the occasional stories about persons imprudent enough to enter marathons, bodybuilding contests, and other tests of athletic prowess while drawing full workplace disability or while their soft tissue injury claim from a low-speed auto crash is pending.
Before we turn to the old cases, however, here’s a good one that’s new: “A North Carolina man will spend at least a year in prison after prosecutors said he intentionally caused 12 wrecks, filming many of them on a dashboard camera and uploading the footage to the internet.”
I’ll be returning on or about Friday, July 1, which also represents the anniversary of Overlawyered’s founding on July 1, 1999.
I was hoping/waiting to hear what eminent economist Deirdre McCloskey, born Donald, would have to say about the transgender bathroom flap. Wish granted, thanks to Warren Coats and his blog:
Before I “passed” (surgery, working at it) I was frightened to go into a ladies’ room, but I could hardly go into a men’s room in a dress. You can imagine how dangerous that would be! I was allowed to put Female on my driver’s license in tolerant Iowa in 1995. But you are right that it is unwise in such matters if nothing much is going wrong to stir things up. I’ll bet now that Iowa has rules from the state. Then it was left to Iowans’ ample common sense. My passport F was tougher—I wept to the woman at the New Hampshire passport office, and she relented and sent my passport the day before I was boarding a flight to go to Holland to teach for a year, in January 1996. So the State Department unofficially was cool. A year later I tried to get Harvard to change my degree from Harvard College class of ’64 to the women’s college, Radcliffe. The male dean I spoke to thought not. I whined, “But the State Department had no problem giving me an F passport.” With a smile in his voice he replies, “But Harvard is older than the State Department!”
“There’s more on all this in my memoir of my transition, Crossing: A Memoir (1999 University of Chicago Press).
“The bathroom “issue” is entirely phony. It has never been a problem. Anyway, if men wanted to sneak in (they don’t), they could always have done so, with or without North Carolina’s law. How is it to be enforced? DNA testing by the TSA at every bathroom door? Anyway, your house has a unisex bathroom, I presume, and in Europe they are not entirely uncommon—after all, the stalls have doors. Etc, etc. On both sides it is just a club to beat up the other side in the silly Cultural Wars, and to make people hate and disdain each other. Adam Smith would not have approved.”
Meanwhile, Hans Bader argues that the Obama administration stands on very shaky ground both legally and prudentially in trying to impose a single nationwide set of practices by way of Title IX and funding cutoffs, aside from whether that set of practices is in fact the right one. More: Richard Epstein/Hoover, Roger Pilon/Cato, Robby Soave/Reason, Neal McCluskey (no relation)/Daily Caller, and earlier here and here on the North Carolina law.
Last year…the Task Force on Federal Regulation of Higher Education—formed in 2013 at the behest of a bipartisan group of U.S. senators and comprised of top university officials from around the country—released a stunning indictment of what it called the “jungle of red tape” produced by the Education Department. The report cited analysis from George Mason’s Mercatus Center that showed federal higher education mandates increased by 56 percent from 1997-2012.
Today, the situation is bleak: There are thousands of pages of federal regulations, and the Education Department has to release “guidance” letters to clarify vague rules once per day, on average, according to the Task Force.
Case studies from individual schools reveal just how burdensome compliance can be. One example comes from Vanderbilt University, which recently analyzed its federal compliance costs and found that they accounted for $150 million—or 11 percent—of the university’s 2013 expenditures. (Vanderbilt announced that for each student, those compliance costs “equate to approximately $11,000 in additional tuition per year.”)
Earlier here. More from reader mx in comments, who notes that the Chronicle of Higher Education has criticized the Vanderbilt number on the grounds that most of the university’s regulatory costs ($117 million of $146 million) is attributed to compliance related to research, which is not necessarily charged to students as tuition.
- Arizona considers relaxing its law banning potluck meals outside workplace [KPHO]
- Class action says there is starch in McDonald’s mozzarella sticks and wants money for that [Eater]
- Small North Carolina brewer pulls out of one market rather than trigger state law forcing it to deal through licensed distributors [Charlotte Business Journal]
- Speaking of consumer-unfriendly laws that benefit in-state alcohol distributors with political clout, South Carolina considers adding an “at-rest” law to its three-tier regulatory system [Columbia, S.C. Free Times]
- “These decisions are being made by people who are four to five generations removed from food production.” [Oregon rancher Keith Nantz, Washington Post, on federal land policy]
- Freakout memes aside, shed no tears for country-of-origin-labeling on meat [K. William Watson/Cato, Jayson Lusk] “Reign of Terroir: How to Resist Europe’s Efforts to Control Common Food Names as Geographical Indications” [K. William Watson/Cato]
- “Drunk with power — how Prohibition led to big government” [Julia Vitullo-Martin, New York Post reviewing Lisa McGirr, The War On Alcohol: Prohibition and the Rise of the American State]