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Overlawyered



Chronicling the high cost of our legal system



Last Build Date: Thu, 08 Dec 2016 10:51:26 +0000

 



Eugene Volokh vs. Deborah Rhode on hostile environment and ABA 8.4(g)

Thu, 08 Dec 2016 10:51:26 +0000

At last month’s Federalist Society National Lawyers Convention, Eugene Volokh debated Deborah Rhode on whether hostile environment law on and off campus often violates the First Amendment. The discussion also got onto Model Rule 8.4 (g), adopted by the American Bar Association a few months ago, which makes it “professional misconduct” for an attorney to […]

Eugene Volokh vs. Deborah Rhode on hostile environment and ABA 8.4(g) is a post from Overlawyered - Chronicling the high cost of our legal system




Parents sue school counselor over student suicide

Thu, 08 Dec 2016 05:05:40 +0000

In Loudoun County, Virginia, the parents of Jay Gallagher are suing school counselor Richard Bader following the suicide of their 18-year-old son [Washington Post]: The lawsuit accuses the school counselor of negligence and ignoring school guidelines that direct counselors to notify parents if their children express suicidal thoughts. But Julia Judkins, Bader’s attorney, said the […]

Parents sue school counselor over student suicide is a post from Overlawyered - Chronicling the high cost of our legal system




December 7 roundup

Wed, 07 Dec 2016 11:18:32 +0000

“Lawyer sues 20-year-old student who gave a bad Yelp review, loses badly” [Joe Mullin, ArsTechnica] Gown makers’ associational liberty not to sell to Trump family should also protect florist Barronelle Stutzman [Stephanie Slade/Reason; Eugene Volokh on legal treatment of private discrimination based on political belief or association] What to expect from Trump on legal policy: […]

December 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system




60 Minutes on ADA Drive-By Lawsuits

Tue, 06 Dec 2016 10:49:55 +0000

On Sunday Anderson Cooper at CBS “60 Minutes” covered one of our favorite issues: the way lawyers and clients sue retail businesses by the dozens or hundreds over defects in ADA accessibility compliance and then cash in the complaints for quick settlements. Actually entering the business is not always necessary: it can be enough to […]

60 Minutes on ADA Drive-By Lawsuits is a post from Overlawyered - Chronicling the high cost of our legal system




“The State of American Criminal Justice”

Tue, 06 Dec 2016 05:05:54 +0000

All-day Cato conference tomorrow (register or watch online) has a line-up that includes attorney Ken White, civil libertarian Harvey Silverglate, Judge Shira Scheindlin, and Families Against Mandatory Minimums vice president Kevin Ring, with Cato researchers moderating each panel. Tags: crime and punishment

“The State of American Criminal Justice” is a post from Overlawyered - Chronicling the high cost of our legal system




Free speech roundup

Mon, 05 Dec 2016 11:07:02 +0000

Tomorrow (Tues., Dec. 6) Cato Digital presents panel discussion “Free Speech in the Age of Trump” with Flemming Rose, Nick Gillespie, and Kat Murti [register or watch live online] Eventually, Supreme Court will have to consider a First Amendment challenge to cyberbullying laws [ABA Journal] Tactical use of libel suits cries out for remedy, but […]

Free speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system




Debating a constitutional convention this week

Sun, 04 Dec 2016 22:46:07 +0000

New York listeners: I’m scheduled to be a guest on Brian Lehrer’s popular WNYC radio show tomorrow (Monday) morning, probably 10:30 a.m. or so, debating famed Harvard Law professor Larry Lessig on the topic of a convention to propose amendments to the U.S. Constitution. (Lessig supports that idea, I’m skeptical). That’s a foretaste of the […]

Debating a constitutional convention this week is a post from Overlawyered - Chronicling the high cost of our legal system




“Justice Scalia’s Telecommunications Legacy”

Sat, 03 Dec 2016 19:05:22 +0000

Antonin Scalia’s work on telecommunications deregulation before he became a judge is not one of the more widely known parts of his career, but as director of a White House office on telecom policy in the 1970s he played a key role in promoting removal of old legal barriers to competition and innovation, which in […]

“Justice Scalia’s Telecommunications Legacy” is a post from Overlawyered - Chronicling the high cost of our legal system




Labor and employment roundup

Fri, 02 Dec 2016 11:18:11 +0000

“Apprenticeships: Useful Alternative, Tough to Implement” [Gail Heriot, Cato Institute Policy Analysis] “Hiring Without Headaches – A Possibility or Fantasy?” [Daniel Schwartz on President Obama/Stephen Colbert “job interview”] Employee misclassification as ULP: Obama NLRB “is now basically creating unfair labor practices out of thin air” [Jon Hyman] In the mail: Jeb Kinnison, “Death by HR: […]

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system




Liability roundup

Thu, 01 Dec 2016 11:13:14 +0000

Truckers scramble as liability insurers exit from fleet coverage after giant verdicts [Brian Baskin, WSJ] Court rejects demand for netting at Major League Baseball venues: fans “lacked standing to sue because they could not show a sufficient likelihood they would be injured at future games” [Jonathan Stempel, Reuters] Talcum powder: “St. Louis Jury Returns Another […]

Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system