I’ve got a new essay up at The Atlantic, part of the “America the Fixable” series edited by Philip K. Howard. I have a bit of fun at the expense of the Harvard Law Review, raising the question of whether it should be held to lower standards than the Long Island tabloid Newsday, and cite such figures as Richard Posner, Elizabeth Warren, Ross Davies of George Mason, and the bloggers at Volokh Conspiracy and Balkinization.
Posts Tagged ‘Richard Posner’
Intellectual property law roundup
- Deborah Gerhardt on the ruling in favor of an artist who paints Crimson Tide sports highlights without University of Alabama say-so [Deborah Gerhardt/Eric Goldman, earlier here, etc.]
- Posner throws out Apple/Motorola case [Tabarrok, more]
- Joinder of defendants allegedly violating same patent: “D.C. Court Ruling Makes Life Tougher For Patent Trolls” [Daniel Fisher, Forbes]
- “Google, AOL Face Patent Suit Over ‘Snippet’ Search Results, Ads” [Justia]
- “Absurd patent of the day, Apple re: wedge-shaped computers” [Tabarrok]
- “Defensive Patent License: judo for patent-trolls” [Doctorow/BB]
- Why are copyright terms so long? One theory [Julian Sanchez]
June 25 roundup
- OSHA cracks down on a shooting range with punitive fines. A coming trend? [Kopel, earlier on David Michaels here, here, here, etc.] Gun control lobbying on the public dime, courtesy Mike Bloomberg & Co. [Ron Arnold, Examiner]
- Scheme to use eminent domain to seize underwater home mortgages advances [Future of Capitalism, Felix Salmon]
- One lawyer for every 257 Americans [Funnell]
- Posner knows it: court appointment of experts can head off hired-gun arms race [Josh Wright, Truth on the Market]
- New Canaan, Ct.: “Mom Arrested for Letting Her 13-year-old Babysit Siblings” [Lenore Skenazy, Free-Range Kids]
- John Stossel show on lawsuit abuse, warning labels and related topics;
- Phillies Phanatic: “The most-sued mascot in baseball is heading back to court” [Time, earlier]
January 21 roundup
- Because judges should decide cases the way clamoring crowds want them to: “Occupy the Courts” [Althouse, Somin, earlier] Pittsburgh lawprof: bank’s office park has become public forum and is ours to seize [Daily Caller]
- Some reactions to Megaupload indictment [Julian Sanchez, Ken at Popehat]
- Kozinski, others trade quips at oral argument in Disneyland Segway ADA case [Courthouse News via Disabilities Law, earlier] “Ouch! Judge Posner eviscerates both a damages expert and the trial judge who let him testify against FedEx” [Technology Law Notes]
- Victim of NYC gun laws: “Free Meredith Graves” [NRO] “NYC Business Bled To Death Over Toy Guns” [Moonbattery]
- “Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit Card Act” [Andrew Schwartz (Colorado), SSRN, via Ted Frank]
- Federal drug cops unapologetic about role in Adderall shortage [Rob Port] A failure of central planning [Reuters, Jacob Sullum and more (“Does the DEA know what ‘quota’ means?”)] Some trial lawyers pushing to ban the drug [via Ted Frank].
- Go, my child, and steal no more: TSA agents who pilfered $40K from luggage get six months [AP via Balko]
“I have never seen such an incompetent presentation of a damages case”
Said Judge Posner, of an alleged serial spammer’s courtroom presentation. “It’s not only incompetent, it’s grotesque. You’ve got damages jumping around from $11 million to $130 million to $122 million to $33 million. In fact, the damages are probably zero.” [Timothy Lee, Ars Technica]
April 11 roundup
- “Teacher threatens student with defamation suit for complaining about her grades” [Bassett, Calif.; San Gabriel Valley Tribune via TortsProf]
- Rolls-Royce case: “Judge Posner Provides Preview of Wal-Mart v. Dukes Ruling?” [Trask]
- But note Davidoff comments: “Plaintiffs Lawyers Eyeing Marcellus Shale Work” [Legal Intelligencer]
- Massachusetts: for its 85-year-old administrator, is an anti-poverty empire forever? [Lawrence Eagle-Tribune via Zincavage]
- Senate Judiciary advances Rhode Island nominee Jack McConnell by 11-7 vote [PoL, earlier]
- Bonuses for arrests? Way to disgrace a law enforcement system [Greenfield, related]
- “Insulting Your Boss Online Is Now Protected Speech” [AtL, earlier]
- Treasury’s Do Not Shop list [five years ago on Overlawyered]
Judge Posner weighs in on class actions
An uninvited-fax case gives the judge a chance to express some views on the typicality, credibility and adequacy of class representatives. [Trask]
November 8 roundup
- “Dad Settles Suit Against Crocs Over Daughter’s Escalator Injury” [ABA Journal, Knoxville News]
- Almost unheard-of: “California state bar to investigate 130 prosecutors” [LEF]
- Judge flays U.S.-based lawyer in Chevron-Ecuador suit [Law.com, more, Dan Fisher/Forbes]
- “Federal Government Acknowledges Constitutional Limits on Housing Discrimination Law” [Eugene Volokh on HUD dismissal of “Christian-roommate” complaint, earlier]
- “Brave and brilliant decision” from Judge Posner points way to provide relief from class action plaintiffs who won’t accept defeat [McConnell and Beck, Trask]
- “Referring to Former Boss as Slimebag Does Not Constitute Disparagement, At Least in Ohio” [Robert Fitzpatrick]
- “Couldn’t get elected dogcatcher” — actually, dogcatching’s harder than being a Senator [Christopher Beam, Slate]
- Midterm election wipeout — for Republicans, that is [four years ago on Overlawyered]
September 23 roundup
- Could bald employees sue under genetic-bias law? [Delaware Employment Law]
- EPA under pressure in bedbug battle [Atlantic Wire, Time]
- “Child Safety Advocates Push for Changes to Prevent Hot-Car Deaths” [Fair Warning]
- Proof of Living Constitution Theory? iPhone Constitution app is now on version 1.3.8 [Magliocca, Co-Op]
- “North Carolina’s Corrupted Crime Lab” [Radley Balko]
- “The folly of needless alcohol laws” [Conor Friedersdorf, The Daily Dish]
- “Judge Posner opinion on overwarning” [PoL, Drug and Device Law]
- Annals of zero tolerance: No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport [eight years ago on Overlawyered]
“Posner – ‘Nebulous suspicions voiced by a busybody’ not protected under Title VII”
Who could resist a headline like that? And the case is worth knowing about, filed by a hospital employee who seems to have jumped to the conclusion that “because her boss was a Southern Baptist and a ‘good ole boy,’ … he therefore had ‘inherent sexist attitudes.'” [Jay Lechner, Greenberg Traurig Labor and Employment Blog via Ohio Employer’s]