“According to State Health Facts, a project of the Henry J. Kaiser Family Foundation, the total amount paid in medical-malpractice claims in 2009 was almost eight times higher in New York than Texas, with the average New York payment nearly three times higher.” Physicians keep voting with their feet to escape the New York model. [Joseph Nixon, NY Post; Coyote]

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Says the Arkansas man who has sued Microsoft for $500 billion over his XBox Live contract. [Seattle Post-Intelligencer]

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Today is the last day for public comment on the National Labor Relations Board’s controversial plan to speed up the timetable for unionization elections, and a flood of opposing comment has already come in. Earlier here.

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Charlotte Allen and Orin Kerr with more on what began as a report of a complaint about a professor’s classroom hypotheticals and has spiraled into a major embarrassment for the Delaware institution. Earlier here, etc.

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Drug test positive…

by Walter Olson on August 22, 2011

…on an old bottle of motor oil, resulting in 12 days in jail for a 66-year-old Minnesota woman. [Minneapolis Star-Tribune via Balko]

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“The U.S. Department of Agriculture defines a food desert as a low-income census tract where a large number of residents are more than a mile from a grocery store…. [L]ess than 4.5 percent of the U.S. population [falls into that category], yet roughly two-thirds of Americans are overweight or obese.” And that’s just the start of the difficulties with the food-desert theory [David Gratzer, Washington Examiner]

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Gone fishin’

by Walter Olson on August 12, 2011

I will be taking a week or so away from the blog to enjoy the summer and will be holding comments until my return. See you soon.

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In a new Reason symposium on how to revitalize the American job market, I explain my answer to that question.

More: This set off a round of discussion on employment blogs including Jon Hyman (nominating FLSA for vaporization), Suzanne Boy (concur), Daniel Schwartz (leave laws), Suzanne Lucas (citing “the fabulous Overlawyered.com”), and the ABA Journal.

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August 12 roundup

by Walter Olson on August 12, 2011

  • More reviews of Schools for Misrule: Counterpoint (U. of Chicago), Wilson Trivino at PurePolitics.com;
  • “Cops Collar 12 Year Old for “Walking Alone” in Downtown Toronto” [Free-Range Kids] Cop tells mom kids under ten “by law are not allowed outside unsupervised except in their parents’ yard.” [western Maryland, same]
  • As lawmakers seek budget cuts, school finance litigators are on the march to counter their plans [WSJ Law Blog]
  • Wouldn’t waive regs: “U.S. blocks $1 million Italian supercar” [CNN Money]
  • You see, entrepreneurial suit-filing does create jobs: “Hike in Wage-and-Hour Litigation Spurs Demand for Calif. Employment Law Associates” [ABA Journal] How U.S. Congress devastated American Samoa through minimum wage hikes [Mark Perry]
  • CCAF objects in Sirius class action settlement [PoL, earlier]
  • “The Phantom Menace of Sleep Deprived Doctors” [Darshak Sanghavi, NY Times Magazine]

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Bad enough when the media caters to this sort of thing, but when government itself does it, you may have crossed into Arpaio territory [Coyote] Related: David Kravets, Wired.

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A dispatch from Britain makes David Frum’s jaw drop.

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Lemonade Freedom Day

by Walter Olson on August 12, 2011

Raise a defiant glass on August 20. Hey, that’s my birthday! Earlier here, here; more from CEI’s Ryan Young and Iain Murray in a post, podcast and column, Freedom Center of Missouri (map of “The Government War on Kid-Run Concession Stands”), and Ken at Popehat.

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British Columbia lawyer Erik Magraken shares this photo.

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“A gipsy family accused of making life a misery is using legal aid to fund a human rights challenge in the European courts for being evicted – from a travellers’ camp.” [Telegraph]

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August 11 roundup

by Walter Olson on August 11, 2011

  • Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
  • “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
  • After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
  • “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
  • Fark.com settles a patent suit for $0 (rough language);
  • Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
  • Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]

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You’ll probably never see them unless Congress chooses to repeal or amend the Passenger Vessel Services Act of 1886, which bars most cruise operators from coastwise routes. [Matt Welch]

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Prosecutors bring in adorable “therapy dogs” to assist witnesses in rape and abuse trials. Aside from the jury sympathy issue, and the possible sending of “this is a victim” signals, defense lawyers argue that the dogs’ presence makes testimony easier whether accusations are true or not: “They argue that as a therapy dog, Rosie responds to people under stress by comforting them, whether the stress comes from confronting a guilty defendant or lying under oath.” [N.Y. Times] More: Greenfield.

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Which is good advice for many other touchy sorts of plaintiffs too, not just for the Thomas M. Cooley Law School of Lansing, Michigan [Mike Masnick, TechDirt, earlier]

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