- Karma in Carmichael: serial Sacramento-area filer of ADA suits Scott Johnson, often chronicled in this space, hit by sex-harass suit by four former female employees, with avert-your-eyes details [Sac Bee; News10, autoplays] One of Johnson’s suits, over a counter that was too high, recently helped close Ford’s Real Hamburgers, a 50-year-old establishment. [KTXL/The Blaze]
- Fifth Circuit reverses decision holding Feds liable for Katrina flood damages [Reuters]
- “Your right to resell your own stuff is in peril”: SCOTUS takes up first-sale doctrine in copyright law [Jennifer Waters, MarketWatch on Kirtsaeng v. John Wiley & Sons]
- Rubber room redux: “New York Teacher Live-Streams $75,000 Do-Nothing Job” [Lachlan Markay, Heritage] Teacher charged with hiring hitman to kill colleague should have been fired decade ago [Mike Riggs]
- “George Zimmerman sues NBC for editing 911 audio to make him sound racist” [Jim Treacher, Daily Caller]
- Prof. Mark J. Perry has moved his indispensable Carpe Diem economics/policy blog in-house to AEI;
- New York will require newly licensed lawyers to do pro bono [WSJ, Scott Greenfield, Legal Ethics Forum]
- Why is the U.S. Department of Labor funding Restaurant Opportunities Center United (ROC), a group that stages protests in front of restaurants and has “harassed” patrons? Rep. Darrell Issa wants to know [Chamber-backed Legal NewsLine, Daily Caller]
- Connecticut public workers who wrongly took food stamps get their jobs back, and no, you can’t read the arbitration decisions [Raising Hale]
- Michael Fox’s pioneering employment law blog turns 10;
- “Why Defending Employment Lawsuits Can Be So Expensive” [Daniel Schwartz]
- What lawprofs are up to: proposal to gut the employee-misconduct defense [Pandya, Workplace Prof]
- Hans Bader of the Competitive Enterprise Institute explains why he sees no contradiction in opposing the Employment Non-Discrimination Act [ENDA] while supporting gay marriage. Related: Jacob Sullum;
- Hyper-regulation of employment in Italy cries out for reform [John Cochrane, Tom Smith, one deterrent]
The widely discussed blog post by Deirdre McCloskey is at Bleeding Heart Libertarians.
In the light of the ongoing controversy over Harvard law professor Elizabeth Warren’s ill-documented claims of Native American status, Point of Law — the website I launched and ran back when I was at the Manhattan Institute — has begun a featured discussion on the effects on legal academia of the ongoing pressure to hire by race (and sex and several other categories). Following an introduction by James Copland, I’ve kicked off the discussion with an opening post (“Better Scholarship Through Diversity?”). There’s plenty on the subject, of course, in my book Schools for Misrule from last year. Other participants in the discussion will include Hans Bader of the Competitive Enterprise Institute and, most likely disagreeing with us, Gerald Torres of the University of Texas.
- Lacey Act madness: might Feds be empowered to disrupt summer concerts by seizing musicians’ Gibsons? [Bedard, DC Examiner; earlier; recent Heritage Foundation work; reworded to reflect comment from “Density Duck,” below]
- Contributors to new “Privatization Blog” include friend of this blog Coyote, e.g. here and here;
- “Big Government Causes Hyper-Partisanship in the Judicial Appointment Process” [Ilya Shapiro] Fuels Culture War, too: “The faster the state expands, the more likely it is to violate your values” [Matt Welch]
- Demagogy on expatriates: Schumer proposal for stiff tax on emigrants may have read better in original German [Ira Stoll, Roger Pilon/Cato, Paul Caron/TaxProf]
- Georgia high court considers $459 million fax-spam verdict [AJC, AP, my take] “Hot fuel” class actions enrich the usual suspects [PoL]
- New rebuttal to trial lawyer/HBO movie “Hot Coffee” [Victor Schwartz et al, auto-plays video] Ted Frank crossed swords with Litigation Lobby on the movie in January, particularly on the question of coffee temperature and the Liebeck case [PoL]
- Overlawyered “will become the first [law] blog teenager this summer” [Bruce Carton, Legal Blog Watch] “I’ve been a fan of Walter Olson’s Overlawyered blog for years.” [Amy Alkon, Advice Goddess] Thanks!
Kevin at Lowering the Bar has been collecting more cases in which plaintiffs have sued themselves.
Listicles and award contests from around the blawgosphere: Popehat on censorious clowns, Legal Ethics Forum, Trask on class action cases and articles, White Collar Crime Law Prof, Heritage on worst federal regs, Greenfield on best criminal law blawg post (and winner), Faces of Lawsuit Abuse (Chamber) on most ridiculous lawsuits, Balko on worst prosecutor (and finalists).
P.S. From The Week, “8 craziest lawsuits of 2011.” This in turn prompted a NYC personal injury attorney named David Waterbury, taking up valuable real estate at Eric Turkewitz’s, to write a counter-article saying the cases weren’t so bad, which involved me in the comments section after I observed Waterbury spreading the trial lawyer-favored line that the “Kara Walton” series of bogus lawsuit stories was a purposeful political fabrication.
Several interesting reactions to my book already from around the blogosphere:
- University of Illinois law professor Larry Ribstein (who commented at my speech there last week): “There was a good turnout and a lot of deserved buzz for this very interesting book. … The book deserves a lot of attention, particularly from law professors and their students as a source of critical perspective on trends in legal education. There is little doubt that the ideas Olson criticizes are hatched mainly in law schools rather than by practicing lawyers and judges, and have led to costly and questionable litigation.” And a response from Scott Greenfield, who says the book’s premise that law professors have great influence over the state of the law “warms the cockles of lawprofs’ hearts given that most of the legal profession considers their influence marginal at best.”
- Ted Frank: “should be required reading for law students, and deserves a place on any Federalist Society member’s bookshelf.”
- Alan Crede writes a lengthy and thoughtful review at Boston Personal Injury Lawyer Blog. He notes that on, e.g., the work of legal clinics, “the traditional taxonomy of liberal and conservative breaks down when you start to deal with many fine-grain legal issues.” And: “There are at least two law professors – Tim Wu and Elizabeth Warren (who is now in the Obama administration) – who possess rock star cachet in progressive circles” and can hardly be charged with any sort of airy unwillingness to engage with the demands of practical law reform. Crede generously concludes “whether you agree with Olson’s conclusions or not, there is a lot that you can learn from ‘Schools For Misrule.'”
- Perhaps my favorite review so far (aside from the great one in Publisher’s Weekly) is from Ira Stoll at Future of Capitalism. It begins: “Of all the possible explanations for Barack Obama, one of the most intriguing is that, like Bill Clinton before him, he was both a law school graduate and a law school professor.” Stoll summarizes many of the book’s themes, particularly as regards “public interest”, human-rights and institutional-reform litigation, and includes this takeaway: “Any donor or foundation wanting to reshape legal education would find Mr. Olson’s book a fine place to begin.”
Sure. What could go wrong with that? Relatedly, Ann Althouse wonders how we’ll all react next year when Group X demands the right to occupy the Wisconsin capitol for 10+ days. Consistently? (& welcome Instapundit readers).
More: “Did Wisconsin Police Violate the First Amendment through Selective Enforcement of Limits on Protests?” [Hans Bader]