Posts Tagged ‘sports’

Liability roundup

  • “TriMet faulted Laing for failing to heed warning signs … and earbuds playing loud music. Laing’s attorneys argued it couldn’t be determined what volume the music was playing at at the time of impact.” [Aimee Green, Oregonian; $15 million jury verdict for woman who dashed in front of train reduced to $682,800]
  • “When Are Athletes Liable for Injuries They Cause?” [Eugene Volokh on Nixon v. Clay, Utah Supreme Court]
  • Former Alabama Sen. Luther Strange has written a law review article on local government abuse of public nuisance law in industrywide litigation [Stephen McConnell, Drug and Device Law] “California’s disturbing lead paint ruling is going interstate. Magistrate cites it in opioid MDL to support tribal nuisance claims under Montana law” [Daniel D. Fisher on Blackfeet Tribe v. Amerisource] Federal judge should have said no to Rhode Island climate change/public nuisance suit [Michael Krauss, Forbes]
  • “Will New York law change veterinary malpractice?” [Christopher J. Allen, Veterinary News]
  • Supreme Court’s 5-4 ruling on class action counterclaim removal in Home Depot U.S.A. v. Jackson leaves Congress to fix what Judge Paul Niemeyer called a loophole in the Class Action Fairness Act [Diane Flannery, Trent Taylor & Drew Gann, McGuireWoods, Federalist Society teleforum with Ted Frank]
  • In Missouri, logjam for liability reform breaks at last as Gov. Mike Parson signs four pieces of legislation into law [Daily Star Journal (Warrensburg, Mo.); Beck on forum-shopping measure]

Higher education roundup

  • Harvard lawprof Ronald Sullivan Jr. driven from post as faculty dean of a residential house at the university after student protests of his representation of Harvey Weinstein [Jeannie Suk Gersen, New Yorker; Dianna Bell, WBUR; and for a different perspective Tyler Cowen] Stuart Taylor, Jr. has some questions about Harvard’s investigation, on charges of sexual misconduct, of noted economist Roland G. Fryer Jr. [Real Clear Investigations] 30 protesters rush the stage, ending Harvard President Lawrence Bacow’s speech: “The heckler’s veto has no place” [Robby Soave, Reason]
  • Rules mandating gender quotas in hiring committees at French universities may have backfired, as “committees affected by the quota were significantly less likely to hire women” [Chris Woolston, Nature]
  • Maryland lawmaker proposes collective bargaining for student athletes [Bruce DePuyt, Maryland Matters]
  • “…and suggested that Plaintiff obtain an expensive genetic test to see if she could qualify as Native American or American Indian to garner better chances of being accepted to” the professional school [John S. Rosenberg, Minding the Campus] Families of wealth and standing have special reason to dislike standardized testing. But they’re quite good at dressing up their resentments as progressive [Daniel Friedman, Quillette]
  • “Does Yale Law School’s Antidiscrimination Policy on Subsidies for Student Employment Discriminate on the Basis of Religion? [Ilya Somin, who concludes that it doesn’t]
  • This year, as every year, checking the line-up of commencement speakers provides a handy way to size up the Forces of Unanimity on the American campus [Keith Whittington]

Baltimore moves to seize Preakness Stakes race

Baltimore mayor Catherine Pugh has filed suit seeking to seize the famed Preakness Stakes race — trademarks, business deals, and all — through eminent domain. I’ve got a few things to say about that in Monday’s Wall Street Journal. Ilya Somin at Volokh Conspiracy has an analysis that quotes my piece.

For those just catching up with the underlying story, Pamela Wood covers it at the Baltimore Sun/Capital Gazette as does Robert H. Thomas at Inverse Condemnation. See also my 2014 Cato take on an earlier episode in Maryland’s history of “smash and grab” eminent domain methods.

Discrimination law roundup

  • New EEOC chief data officer says machine learning algorithms may soon enable agency to predict, and deploy resources against, workplace bias before it happens [Paige Smith, Bloomberg Law]
  • “The BSO, in a statement, defended its pay structure, saying that the flute and oboe are not comparable, in part because the oboe is more difficult to play and there is a larger pool of flutists.” [Geoff Edgers, Washington Post/Allentown Morning Call]
  • Even they can’t comply: “The case was ironic since the commission is charged with eliminating discrimination in Pennsylvania.” [Matt Miller, PennLive, on the Pennsylvania Human Relations Commission’s jury loss in a race discrimination complaint] “Do as they say, not as they do: employees accuse Planned Parenthood of pregnancy discrimination” [Jon Hyman]
  • Fourth Circuit: maybe Title VII doesn’t create a right to swipe files from HR [Jon Hyman]
  • Although libertarians support legalizing marijuana, they should not support laws that bar employers from discriminating on the basis of marijuana use [Jeffrey Miron, Cato]
  • “Why do women earn less than men? Evidence from train and bus operators” [Valentin Bolotnyy and Natalia Emanuel via Tyler Cowen]
  • Minnesota jury orders women’s football team and league to pay $20,000 to transgender applicant turned away [Mary Lynn Smith, Minneapolis Star Tribune]

October 10 roundup

  • “Heisman Trophy People Sue HeismanWatch For Using Images Of The Trophy And Stating Its Name” [Timothy Geigner, TechDirt]
  • At elite law schools, the days when a centrist liberal like Elena Kagan could offer a welcome to Federalist Society types are fast drawing to a close, writes Reihan Salam [The Atlantic]
  • Being able to link to federal court cases and legal materials would be huge: legislation from Rep. Doug Collins (R-Ga.) “would require that the courts make PACER documents available for download free of charge” [Timothy Lee, ArsTechnica]
  • “UPDATE: Judge Rules Province Has No Duty to Recognize Bigfoot” [Kevin Underhill, Lowering the Bar, earlier]
  • First state with such a law: “California governor signs bill banning sale of animal-tested cosmetics” [John Bowden, The Hill]
  • North Carolina bar says lawyer “defrauded, deceived and embezzled funds from two mentally disabled clients who were declared innocent after spending 31 years in prison” [Joseph Neff, Marshall Project]

Free speech roundup

  • “Lucha Underground Wrestling Sends Legal Threat To Journalists For Publishing ‘Spoilers'” [Tim Geigner, TechDirt]
  • Watch what you say about lawyers: politically active Baton Rouge trial lawyer threatens political blog The Hayride over critical coverage [The Hayride, Robert Davis/Louisiana Record]
  • Update: Stanford’s Mark Jacobson drops defamation lawsuit against other scientists [Jonathan Adler, earlier]
  • Update: federal judge tells town of Sibley, Iowa to stop threatening resident who runs website complaining about way town smells [ACLU of Iowa, earlier]
  • Recent topics in FIRE “So To Speak” podcast series include Great Firewall of China, interview with former Evergreen State professor Bret Weinstein, Masterpiece Cakeshop case at SCOTUS, Is there a campus free speech crisis?
  • “Spanish Hate/Anti-Terrorism Speech Laws Doing Little But Locking Up Comedians, Artists, And Dissidents” [Tim Cushing, TechDirt; a recent Scottish case]

Schools roundup

  • Union contracts can result in truant-teacher syndrome [Larry Sand, City Journal]
  • “A Review of Department of Education Programs: Transgender Issues, Racial Quotas in School Discipline, and Campus Sexual Assault Mandates” [Linda Chavez et al., Regulatory Transparency Project]
  • Why is the FBI getting involved in college sports recruiting scandals? [Cato podcast with Ilya Shapiro]
  • School lobby in Pennsylvania, unable to defeat taxpayer advocates at ballot box, hopes to win in court instead [Matt Miller, PennLive on school finance suit]
  • “End Federal Pressure for Racial Quotas in Special Education” [Hans Bader, CEI]
  • Irvington, N.J.: “Student to get $6M after tripping, breaking arm in gym class” [AP/TribLive]

Can Congress compel states to ban things?

The Supreme Court’s “anti-commandeering” doctrine holds that the federal government lacks authority under the Constitution simply to order state governments to implement federal programs or act affirmatively in other ways. Did Congress overstep this bound when it enacted the Professional and Amateur Sports Protection Act of 1992 (PASPA), a federal statute that with some exceptions forbids states to “authorize” sports gambling “by law”? That question has come up in a case in which New Jersey sought to repeal some of its old gambling laws. [Ilya Shapiro and David McDonald on Cato’s amicus brief participation supporting New Jersey’s petition for Supreme Court review in Christie v. NCAA et al.]