Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Tue, 09 Feb 2010 16:22:00 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 New federal push to force local schools to ban sweets http://overlawyered.com/2010/02/new-federal-push-to-force-local-schools-to-ban-sweets/ http://overlawyered.com/2010/02/new-federal-push-to-force-local-schools-to-ban-sweets/#comments Tue, 09 Feb 2010 16:22:00 +0000 Walter Olson http://overlawyered.com/?p=16016 The feds apparently expect their newest incursion into local school autonomy to go as easily as taking candy from a baby, which always was a puzzling figure of speech [New York Times]

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]]> http://overlawyered.com/2010/02/new-federal-push-to-force-local-schools-to-ban-sweets/feed/ 0 “We need a Commander in Chief, not a professor of law standing at the lectern.” http://overlawyered.com/2010/02/we-need-a-commander-in-chief-not-a-professor-of-law-standing-at-the-lectern/ http://overlawyered.com/2010/02/we-need-a-commander-in-chief-not-a-professor-of-law-standing-at-the-lectern/#comments Tue, 09 Feb 2010 16:13:11 +0000 Walter Olson http://overlawyered.com/?p=16014 Law professor Ann Althouse reacts to a Sarah Palin-ism.

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]]> http://overlawyered.com/2010/02/we-need-a-commander-in-chief-not-a-professor-of-law-standing-at-the-lectern/feed/ 0 “Man Sues for Extra Time on LSAT, Claiming ADHD” http://overlawyered.com/2010/02/man-sues-for-extra-time-on-lsat-claiming-adhd/ http://overlawyered.com/2010/02/man-sues-for-extra-time-on-lsat-claiming-adhd/#comments Tue, 09 Feb 2010 15:03:47 +0000 Walter Olson http://overlawyered.com/?p=15981 “A prospective law school student who alleges he has a disability filed a suit in U.S. District Court in the Western District of Texas, seeking a court order to force the Law School Admissions Council to provide him with accommodations under the Americans with Disabilities Act for the Law School Admissions Test.” [Texas Lawyer via ABA Journal]

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]]> http://overlawyered.com/2010/02/man-sues-for-extra-time-on-lsat-claiming-adhd/feed/ 0 “How the Plaintiffs Bar Bought the Senate” http://overlawyered.com/2010/02/how-the-plaintiffs-bar-bought-the-senate/ http://overlawyered.com/2010/02/how-the-plaintiffs-bar-bought-the-senate/#comments Tue, 09 Feb 2010 12:19:55 +0000 Walter Olson http://overlawyered.com/?p=16008 My Manhattan Institute colleague Jim Copland has an op-ed today in the WSJ explaining how current campaign finance rules magnify the influence of trial lawyers, as through the favored status of “bundling”. Excerpt:

Over the current six-year senatorial election cycle, four of the top seven donors to the campaign committee and leadership PAC of Senate Majority Leader Harry Reid (D., Nev.) were plaintiffs firms. Plaintiffs firms were the top two donors to Senate Majority Whip Dick Durbin (D., Ill.).

The first piece of legislation signed by President Obama—the Lilly Ledbetter Fair Pay Act of 2009 — gutted statutes of limitation in employment lawsuits. The first legislative triumph for new Sen. Al Franken (D., Minn.), an amendment to the defense appropriations bill, foreclosed employment arbitration clauses for federal contractors.

More from Jim at Point of Law, including a mention of Trial Lawyers, Inc.: K Street–A Report on the Litigation Lobby 2010, the newest installment in the Trial Lawyers, Inc. series, which will be available later today here.

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]]> http://overlawyered.com/2010/02/how-the-plaintiffs-bar-bought-the-senate/feed/ 2 A 70 year post-mortem right of publicity? http://overlawyered.com/2010/02/a-70-year-post-mortem-right-of-publicity/ http://overlawyered.com/2010/02/a-70-year-post-mortem-right-of-publicity/#comments Tue, 09 Feb 2010 05:22:37 +0000 Walter Olson http://overlawyered.com/?p=16006 Under a proposed bill in the New York legislature, the owners of (say) Marilyn Monroe’s estate would be entitled to prevent the use of her persona in advertising for many years to come. [Trademark Blog]

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]]> http://overlawyered.com/2010/02/a-70-year-post-mortem-right-of-publicity/feed/ 0 Now in paperback: Philip K. Howard’s “Life Without Lawyers, Restoring Responsibility in America” http://overlawyered.com/2010/02/now-in-paperback-philip-k-howards-life-without-lawyers-restoring-responsibility-in-america/ http://overlawyered.com/2010/02/now-in-paperback-philip-k-howards-life-without-lawyers-restoring-responsibility-in-america/#comments Tue, 09 Feb 2010 05:12:20 +0000 Walter Olson http://overlawyered.com/?p=16004 The WSJ Law Blog interviews the well-known author (The Death of Common Sense, The Collapse of the Common Good), Covington & Burling lawyer, and founder of Common Good. I praised the hardcover edition last year.

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]]> http://overlawyered.com/2010/02/now-in-paperback-philip-k-howards-life-without-lawyers-restoring-responsibility-in-america/feed/ 0 “Heart Attack restaurant owner sues Heart Stoppers owner over theme” http://overlawyered.com/2010/02/heart-attack-restaurant-owner-sues-heart-stoppers-owner-over-theme/ http://overlawyered.com/2010/02/heart-attack-restaurant-owner-sues-heart-stoppers-owner-over-theme/#comments Mon, 08 Feb 2010 18:13:52 +0000 Walter Olson http://overlawyered.com/?p=15979 Arizona vs. Florida eateries: “Two US restaurants are battling in court over who originated the medical disaster theme of serving food unhealthy enough to put diners in hospital.” [Telegraph, SlashFood]

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]]> http://overlawyered.com/2010/02/heart-attack-restaurant-owner-sues-heart-stoppers-owner-over-theme/feed/ 2 Texas prosecutor charges nurses for reporting doctor http://overlawyered.com/2010/02/texas-prosecutor-charges-nurses-for-reporting-doctor/ http://overlawyered.com/2010/02/texas-prosecutor-charges-nurses-for-reporting-doctor/#comments Mon, 08 Feb 2010 14:26:24 +0000 Ted Frank http://overlawyered.com/?p=16000 Two Winkler County nurses filed accusations of problematic practices against Doctor Rolando G. Arafiles Jr. before the Texas Medical Board in April; a prosecutor who was friends with the doctor has now charged the two with a felony, “misuse of official information.” Local and national nursing associations have protested and established a legal defense fund. (Kevin Sack, “Nurse to Stand Trial for Reporting Doctor”, New York Times, Feb. 6; KFDA (undated)). It’s possible that the nurses made false accusations maliciously, but that seems something that could be handled through civil suits and then only after the Texas Medical Board adjudicated the complaints. Such overreaching by doctors could backfire, as it would give credence to the proposition that medical malpractice lawsuits are a necessary check to incompetent doctors.

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]]> http://overlawyered.com/2010/02/texas-prosecutor-charges-nurses-for-reporting-doctor/feed/ 4 February 8 roundup http://overlawyered.com/2010/02/february-8-roundup-3/ http://overlawyered.com/2010/02/february-8-roundup-3/#comments Mon, 08 Feb 2010 13:28:53 +0000 Walter Olson http://overlawyered.com/?p=15988
  • Cleverer approach NFL might have taken in “Who Dat” affair [Schwimmer, HuffPo, earlier here, here, etc.]
  • Justice Anthony Kennedy: influence of unionized prison guards in passing California’s three-strikes law “sick” [LA Times]
  • Federal prosecutors going after poster designer Shepard Fairey for untruth in civil lawsuit? How strange is that? [Kennerly]
  • Plaintiff in complaint against Mark Steyn before Canadian rights tribunal boasted of having “increase[d] the cost of publishing anti-Islamic material” [NRO "Corner"; earlier here, here, here, etc.]
  • Federal jury rejects wrongful birth suit against Elkton, Maryland obstetrician [Miller, more on wrongful birth]
  • Forced-reincarnation suit against Oprah Winfrey dismissed, George W. and Laura Bush off hook too [WV Record]
  • “How to Report the News”: funny plug-and-use TV reporting template [YouTube/Charlie Brooker, Newswipe, UK]
  • “Virginia Legislators Kill Bills to Mandate Child Support for Adult College Students” [Hans Bader/CEI "Open Market", earlier here and here]
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    ]]>     http://overlawyered.com/2010/02/february-8-roundup-3/feed/ 1     “Get what’s yours! Demented, explosion-filled ad for injury lawyer” http://overlawyered.com/2010/02/get-whats-yours-demented-explosion-filled-ad-for-injury-lawyer/ http://overlawyered.com/2010/02/get-whats-yours-demented-explosion-filled-ad-for-injury-lawyer/#comments Mon, 08 Feb 2010 05:16:19 +0000 Walter Olson http://overlawyered.com/?p=15983
    Those grainy explosions and cars hurtling through the air look awfully familiar, as if they’ve appeared in other law firms’ footage. At any rate, this Berger & Green ad from Pittsburgh is getting attention via a link on BoingBoing.

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