- Sarah Palin Baby Name Generator; mine is Pie Gallon Palin. #
- McCain assails SEC’s Cox, but Bainbridge is going with Cox; #
- Yes, racial profiling figures into use of peremptory challenges [Sommers, Psychology Today via Deliberations] #
- SEC’s net capital rule waivers to blame for credit blowup? [NYSun] #
- NY Observer’s Doonan cool to Palin eyeglass craze; #
- Business lobbies went along with expansion of ADA litigant categories [Point of Law] #
- @teafortillerman I think “trough gutted palin” is the best I’ve seen yet #
- Don’t blame Gramm-Leach-Bliley for housing bubble [MargRev] #
- Experimentally incorporating Twitter into Overlawyered; #
- @kevinokeefe I’m using Firefox and “follow” button on Twitter fails until I refresh. #
- PR firm retracts Tweet that sought to scare up class action plaintiffs [O’Keefe] #
- It’s still not over: Judge Roy Pearson of lost-pants fame returns to court with appeal against Custom Cleaners owners, the Chung family [WJLA]
- Columbus cops’ class action: dept. shouldn’t have asked us what our ailments were when we took sick leave [Dispatch]
- Culture Warrior Jeff Bell hopes Palin will reverse trends that have “legitimated a contraceptive ethic” [Weekly Standard] Better not count on it [York, NRO “Corner”]
- RIAA has now filed 30,000 lawsuits against file-sharing music fans [Wired “Threat Level”, Ambrogi]
- Recently at Point of Law: Ohio’s Supreme Court in the balance this November; Biden vs. legal reform; guestblogging by Peggy Little and Jane Genova; Lilly Ledbetter at Democratic convention; big Peter Angelos cellphone-cancer case strikes out; call for Australian no-fault cerebral palsy fund; and more;
- Massachusetts high court ruling that docs can be sued over their patients’ medication-impaired behavior is predictably leading to new suits [Globe, Brockton hospital crash; earlier]
- What Alinsky-style “community organizers” do [York, NRO via Bookworm Room] “Organizers break laws if they have to.” [Thomas Geoghegan @ Slate — and he’s being admiring]
- California trial lawyers successfully gut original Schwarzenegger plan to reform award of punitive damages [four years ago on Overlawyered]
While the commentariat is gripped by discussion of whether Gov. Sarah Palin should have cut personal travel expenses only by 68 percent compared with her predecessor as Alaska’s chief executive, or by some higher amount, maybe it’s worth pausing a moment to note that the dean of New York’s Congressional delegation — and the most powerful figure in Congress in charge of tax legislation! — has just been caught not paying his taxes.
More: Turns out tax compliance is hard. Who knew?
- High-profile trial lawyer and Hillary fundraiser John Coale now backing McCain, believes plaintiff-friendly Sen. Lindsey Graham, a confidant of the GOP candidate, will sway him on liability issues [Gerstein, NY Sun, Tapper/ABC, Haddad/Newsweek] More on McCain-Graham friendship [New Republic]
- Reasonably neutral evaluation of contrasting McCain and Obama positions [Chris Nichols, NC Trial Law Blog]
- No Naderite he? Sen. Biden has generally taken a “protect the golden goose” approach toward his state’s niche as provider of corporate law [Pileggi, Bainbridge]
- Palin’s views on legal reform mostly unknown; Alaska (like Delaware) has one of the most highly regarded state legal systems, and wouldn’t it be fun if the state’s distinctive and longstanding (if somewhat attenuated) loser-pays rule got mentioned in the campaign?
- Lending spice to campaign: prospect that victorious Dems might criminally prosecute Bush officials [Guardian (U.K.), Memeorandum, OpenLeft (“we’ll put people in prison” vows whistleblower trial lawyer/Democratic Florida Congressional candidate Alan Grayson)] Some differences of opinion among Obama backers on war crimes trials [Turley (Cass Sunstein flayed for go-slow approach); Kerr @ Volokh (Dahlia Lithwick doesn’t think it has to be Nuremberg or nothing); earlier]
- If anyone’s keeping track of these things, co-blogger Ted is much involved with the McCain campaign this fall, I am not involved with anyone’s, so discount (or don’t discount) accordingly.
Expect some controversy over hints that the Alaska Governor may have expressed sympathy with the argued right of criminal juries to decide on matters of law as well as fact, perhaps in the process acquitting some violators of unjust laws. Despite its extensive pedigree in Anglo-American legal history, that position has become highly unpopular with most authorities in bench and bar, even as it remains popular with many Americans at the grass roots. (Eugene Volokh, Sept. 3). Some blog background on the subject: Randy Barnett, Dan Markel, Anne Reed, Eric Muller, Tim Lynch.
Perhaps a candidate for the “Damned if you do, damned if you don’t” files? From Gov. Sarah Palin’s ethics disclosure form to the Attorney General of Alaska concerning allegations that she improperly sought the removal of Alaska state trooper Mike Wooten, an estranged brother-in-law who’d made threats against her family:
It was a matter of public importance that some Alaska State Troopers seemed to feel themselves above the law. Beyond the governor’s own personal experience, the state was sued for troopers’ violations of constitutional rights, occasionally losing jury trials that would cost the taxpayers substantial money. And, of course, such abuses of power by troopers are exactly the kind of corruption that the governor has long opposed. On occasion, Governor Palin would let Monegan know that she felt this was a problem within the Department of Public Safety; Monegan has told the press that at least once the Governor included mention of Wooten as a prime example of someone who was a problem within the department. Monegan himself told the Washington Post about an e-mail Governor Palin sent him after he informed the governor about one such jury trial loss.