- TSA asserts security-line authority against … suspected embezzlers? [Coyote, Ken at Popehat]
- “How the Next Hurricane Could Bankrupt Florida” [Eli Lehrer, Frum Forum]
- In Yahoo settlement “vast majority of the class gets nothing” [Frith, Cal Civil Justice]
- Royal road to legal riches: work for the federal prosecutor in Manhattan [David Zaring, Conglomerate]
- Taxpayers, get ready to bail out union pension plans [The Lid]
- Japan moving closer to U.S.-style securities litigation? [D&O Diary]
- “Is the Contemporary Supreme Court Really That Conservative?” [Bartels, ConcurOp]
- “EEOC encourages anonymous harassment complaints” [eleven years ago at Overlawyered]
Posts Tagged ‘Supreme Court’
A reminder: anti-arbitration is anti-consumer
The Center for Class Action Fairness filed an amicus brief yesterday on behalf of consumers in the Supreme Court case of AT&T Mobility v. Concepcion; Public Citizen brought a suit successfully striking an arbitration provision in a cell-phone contract as “unconscionable” because it did not provide for bringing class actions—even though consumers as a whole would be better off with the generous arbitration provision than with opportunity for the class action. Of course, then trial lawyers lose out. More at Point of Law; and Public Citizen’s page on the case has other briefs and links to (generally pro-trial-lawyer) blog commentary.
August 4 roundup
- “Wacky warning dept.: Steven Morris v. Harley-Davidson Motor Co.” [Wajert and Ted at PoL]
- “Are HOA Foreclosures a Necessary Tool or an Extortion Racket?” [Jurow, Business Insider]
- “Court Under Roberts Is Most Restrained in Decades” [Adler/Volokh, earlier]
- New Jersey Supreme Court confirms equestrian center’s legal protection in horseback-injury case [NJLRA]
- White-collar prosecution: Is “Conscious Avoidance” the Next “Honest Services”? [Christine Hurt, Conglomerate]
- Cy pres class action giveaways arrive in Canada [National Post]
- More on why Wal-Mart is spending big to fight a relatively low OSHA fine [Paul Greenberg, earlier]
- Older jobseekers find offers scarce? Someone should pass a law! Oh wait [four years ago on Overlawyered]
NYT: Roberts Court “most conservative in decades”
Ilya Shapiro sees some heroic simplification — at the least — going on in that sweeping assertion.
Tom Goldstein on Supreme Court misconceptions
The publisher of SCOTUSBlog on why most of the quick ideological readings of the current Supreme Court are at best caricatures, and in particular why “it is inaccurate to describe the Court as methodically on the march to the right.” (via Adler/Volokh).
Extraterritorial application of securities law
Someone must think there’s a big emergency, because Capitol Hill lawmakers are moving remarkably quickly on a partial overturn of the Supreme Court’s new 8-0 Morrison ruling, which was handed down less than two weeks ago. [Julian Ku, Opinio Juris] (& welcome Daniel Fisher, Forbes readers).
Christian Legal Society v. Martinez
By a 5-4 vote, the Supreme Court upholds a policy at the University of California’s Hastings Law that gives short shrift to the principle of freedom of association. [Roger Pilon, Cato at Liberty] More: Eugene Volokh thinks the Court made the right call in the case, while Richard Epstein thinks it didn’t.
June 24 roundup
- “IP Lawyer Who Spotted Expired Patent on Solo Cup Lid Loses Quest for Trillions in Damages” [ABA Journal, earlier on “false markings” suits here, here, etc.]
- Like we’re surprised: Linda Greenhouse favors sentimental (“Poor Joshua!”) side in 1989 DeShaney case and hopes Elena Kagan does too [NYT Opinionator, my take a few years back]
- Why is Le Monde in financial trouble? For one thing, firing a printing plant employee costs €466,000 [Frédéric Filloux, Monday Note via MargRev]
- “Will these salt peddlers stop at nothing?” Michael Kinsley on NYT sodium-as-next-tobacco coverage [Atlantic Wire]
- “‘Victim’ Gets $4.17 Coupon, Lawyers Get $10 Million Cash”: Expedia class action settlement [John Frith, California Civil Justice Blog]
- Scruggs investigation finally over as feds drop probe of political operative P.L. Blake; several figures in Mississippi scandal are up for release soon from prison [Jackson Clarion Ledger]
- $20 billion Gulf spill fund: “Oil Gushes and Power Rushes” [Sullum, Althouse]
- “NYC Naked Cowboy to Naked Cowgirl: Stop copying me” [AP]
June 11 roundup
- Automakers fight Bruce Braley/trial lawyer effort on Capitol Hill to overturn NHTSA preemption [Dow Jones, WSJ Law Blog, David Freddoso/Examiner, Carter Wood and more at PoL]
- Twombly/Iqbal can curb sue-’em-all, sort-’em-out-later charges of civil conspiracy [Sachse/Drug & Device Law, earlier]
- Claim: Obama, Kagan, Sotomayor typify “postradical” law school generation [David Fontana, Chronicle of Higher Ed via Wasserman/Prawfs (counter: “there are a lot of us liberal doctrinalists out here …And students are learning that vision in law school”), Althouse (“Spare me! There are plenty of strongly liberal and lefty lawprofs and if you want theoretical ambition you can find it.”)]
- FTC report contemplates much wider federal intervention in media business [Jarvis/BuzzMachine, Tapscott/Examiner, Coyote, Steele/LEF, Stoll/Future of Capitalism, LA Times, ShopFloor, Jarvis/NY Post, Pethokoukis/Reuters, Suderman/Reason] Is scary McChesneyite “Free Press” making headway in administration? [Riggs, Daily Caller]
- “Law and Society Boycott Resolution Gets Arizona Immigration Law Wrong” [Chin, Prawfs]
- “Appeal of Crunch Berries Case Dismissed” [Lowering the Bar, earlier]
- “Senior U.N. official” demanding end to U.S. use of drones against Al Qaeda in Afghanistan also happens to be NYU lawprof [NY Times, 16th/last paragraph of story]
- Unintended consequences: 1932 cut in judges’ pensions changed Supreme Court history [Magliocca, ConcurOp]
May 18 roundup
- Upside-down logic of Supreme Court’s Comstock, Graham cases: imprison youthful offenders for life only if they haven’t had protections of formal trial [Popehat, Pilon, Shapiro, Volokh, Pattis] Kennedy returns to use of international “consensus” as guide in constitutional interpretation [Shapiro, Bader]
- Connecticut AG Richard Blumenthal, noted scourge of misleading ad promotion (as in the Sony ghost blurber case), falsely claimed Vietnam service [Raymond Hernandez, NY Times] Cf. the curious “Harvard swim captain” claims investigated by Chris Fountain. More: AllahPundit.
- Louisiana politico Theriot: my suit against online critics is meant not to shut anyone up but to pick up useful tips on governance [Times-Picayune, Jefferson Report, Volokh, NY Times]
- South Carolina juries not allowed to hear evidence about seat belt use in car crashes [Pero]
- More links on “Lady KaGa” Supreme Court nomination [Cato at Liberty, Ted at PoL]
- Risk of “minor” injuries may result in end to Naval Academy tradition of stunt climb [John J. Miller, NRO]
- “Art of the Steal,” documentary on epic battle over donor intent in case of suburban Philadelphia Barnes collection [Kauffmann/TNR, L.A. Times, CultureGrrl/ArtsJournal]
- “Why Good Intentions are Often Not Enough: The Potential for Ethical Blindness in Legal Decision-Making” [Kath Hall (Australian National University), SSRN via Andrew Perlman, Legal Ethics Forum]