Posts Tagged ‘Texas’

February 27 roundup

  • In move to protect itself against patent trolls, Apple plans to close retail stores in the troll-favored Eastern District of Texas [Joe Rossignol, MacRumors; Sarah Perez, TechCrunch]
  • Don’t: “Civil Rights Lawyer Faked Cancer to Delay Cases, Illinois Bar Authorities Say” [Scott Flaherty, American Lawyer]
  • Don’t: “* lies about joint stipulation for extension * FABRICATES OPPOSITION BRIEF * constructs false chain of emails, forwards to partner. Dude, just doing the work would have been WAY less effort.” [Keith Lee thread on Twitter, with punch line being what the New York courts did by way of discipline; Jason Grant, New York Law Journal]
  • I’m quoted disagreeing (cordially) with Sen. Mike Lee on whether criticism of judicial nominees at hearings based on their religious views oversteps Constitution’s Religious Test Clause [Mark Tapscott, Epoch Times; my 2017 post at Secular Right]
  • Colorado may become 13th state to enact National Popular Vote interstate compact, an attempted workaround of the Electoral College. This critique of the idea is from 2008 [John Samples, Cato; Emily Tillett, CBS]
  • New York law imposes strict liability on simple possession of a gravity knife, leaves enforcement to official whim, and lacks a mens rea (guilty mind) requirement. The Constitution demands better [Ilya Shapiro on Cato Institute cert amicus brief in Copeland v. Vance, earlier and more on such laws]

Asset forfeiture: Philly, Texas, South Carolina, Mississippi

Investigation of asset forfeiture outrages in Philadelphia, where the D.A. “pursued nearly door-to-door confiscation of real estate” on some blocks [Ryan Briggs, Plan Philly] Texas police made more than $50 million in 2017 from seizing people’s property, but not everyone was guilty of a crime [Texas Tribune] How police departments in South Carolina make millions by seizing property [Anna Lee, Nathaniel Cary and Mike Ellis, Greenville News] “Civil Asset Forfeiture: An Overview & Conversation”, short video featuring Stefan Cassella and Darpana Sheth [Federalist Society] And this is how the Governor of Mississippi, Phil Bryant, defends forfeiture [@PhilBryantMS on Twitter]

Medical roundup

Forensics roundup

Liability roundup

Campus climate roundup

  • In separate incidents, public universities (Rutgers and the University of New Mexico, respectively) discipline a professor and a med student over vulgar and inflammatory political postings on their personal Facebook pages. First Amendment trouble [FIRE on Rutgers case; Eugene Volokh: Rutgers, UNM cases]
  • Defend someone who’s facing Title IX charges, and you just might yourself find yourself facing Title IX charges too along with the withholding of your degree [ABA Journal on Yogesh Patil case; Drew Musto, Cornell Sun (19 Cornell law profs write to president to criticize withholding of Ph.D.); Scott Greenfield]
  • Social justice bureaucracy within University of Texas might be bigger than some whole universities [Mark Pulliam] “Ohio State employs 88 diversity-related staffers at a cost of $7.3M annually” [Derek Draplin, The College Fix]
  • “Male, pale and stale university professors are to be given ‘reverse mentors’ to teach them about unconscious bias, under a new [U.K.] Government funded scheme” [Camilla Turner, Telegraph]
  • “Wow, this is truly astounding. A *published* paper [on gender differences in trait variability] was deleted and an imposter paper of same length and page numbers substituted to appease a mob.” [Theodore P. Hill, Quillette, as summarized by Alex Tabarrok] Reception of James Damore episode on campus: “[T]hose of us working in tech have been trying to figure out what we can and cannot say on the subject of diversity. You might imagine that a university would be more open to discussing his ideas, but my experience suggests otherwise.” [Stuart Reges, Quillette]
  • Speak not of oaths: Cal Poly San Luis Obispo is latest public institution to require diversity statements of all faculty, staff applicants [Rita Loffredo, The College Fix] Harvard students “will be required to complete a Title IX training module to enroll in fall 2018 classes” [Jamie D. Halper, Harvard Crimson]

Opioids roundup

  • Prisoners die of drug overdoses at a high rate in their first week after release. That’s in part a prohibition-related problem [Jeffrey Miron, Cato]
  • “Drug testing kits can detect the presence of fentanyl and other contaminants — but in many places, including Illinois, they are classified as illegal drug paraphernalia.” [Steve Chapman]
  • “Hospitalized Patients Are Civilian Casualties in the Government’s War on Opioids” [Jeffrey A. Singer, Cato, more]
  • Texas: “Opioid lawyers pumped $110K into LaHood’s campaign after Bexar County DA hired them” [David Yates, Southeast Texas Record] “State senator working with Watts on home turf opioid lawsuit, lawyers billing Hidalgo County $3,800 an hour” [SE Texas Record]
  • “Cities Vs. States: A Looming Battle For Control Of High-Stakes Opioid Litigation” [Daniel Fisher on Tennessee AG’s intervention]
  • All 50 states have now adopted prescription drug monitoring programs, but do they work as intended? [Jeffrey Singer, Jacob Sullum]

Medical roundup

Texas battles foster care decree

Do teenagers have a constitutional right to drivers’ education as a part of substantive due process? That’s one question raised by a hard-fought battle over federal judge Janis Jack’s virtual takeover of the Texas foster care system. The state has strongly pressed its defense, and the Fifth Circuit has stayed Jack’s injunction. As with earlier ventures into institutional reform litigation in such fields as school finance and busing, special education, and prison reform, the case raises separation of powers issues by transferring the power of the purse into judicial hands and delegating essentially legislative powers to special masters and, implicitly, to private advocacy lawyers who drive the process. [Mark Pulliam/Law and Liberty, first and second parts; Robert T. Garrett, Dallas News; more on foster care, institutional reform litigation and its frequent result, consent decrees]

Environment roundup