Justinian Lane

Inter Alia on the Internet – Wednesday Edition

Still getting back into the swing of things at law school.  I’ve got a rather large class load: Criminal Procedure, Evidence, Civil Trial Advocacy I, Insurance law, Food & Drug Law, and Administrative Law.  My Civ Trial professor seems like a great and well-qualified guy, but I have to wonder: Why is it every “trial professor” I meet is a defense lawyer?  Do plaintiffs’ lawyers just not go into teaching?

  • Vioxx plaintiffs’ lawyers will get 32% of the settlement as their fee, not the usual 1/3rd to 40%.  Still, because the fee amounts to $1.5 billion, expect the usual suspects to howl about greedy trial lawyers and the rest of their standard shtick. 

  • Heller hypocrisy watch: It’s fair to say that conservatives cheered the Court’s decision in Heller.  Will they also cheer the $1,069 per hour fee requested by the Heller lawyers since taxpayers have to pay it?  More on the fee request at 

  • In other gun news, if you’re convicted of domestic abuse in Wyoming, don’t expect to get your gun rights back anytime soon

  • Alaskan Republicans must really believe “innocent until proven guilty.”  Ted Stevens won the primary.

  • Also from Alaska – Eight reasons why FDA Preemption is a bad idea.

  • Here’s a medical malpractice case that’s been going on for over nine years, still with no trial (or money) for the plaintiff.  I bet the plaintiff would like to see some real tort reform.

  • At Overlawyered, guest-blogger Daniel Schwartz quotes Twain (but really Disraeli) about lies, damned lies, and statistics.  He suggests that even though the total number of lawsuit filings are down, they’re really up.  Not sure I buy that.

  • Howard Bashman comments on an article about Biden and his role in the Bork & Thomas hearings.  Regardless of the truth, the anti-lawyer crowd will still hate Biden because he’s a lawyer who supports a robust civil justice system.  I also learned he teaches a Con Law class.  Wouldn’t it be weird to have a President and a VP who understand the Constitution?  (And who don’t think tort reform is the cure for everything that ails us?)

  • Lawsuit alleges that police officers beat a 12 year old girl and threatened to shoot her puppy because she was allegedly a prostitute. 

  • Speaking of prostitutes: A suspended police officer in Texas (of course) claim that having sex with prostitutes was (a) part of his job duties, and (b) not an act of infidelity towards his wife.  If he’s reinstated, I suspect that the Beaumont police department will be flooded with applications. 

  • Litigation benefits entire communities.  Take that, economic arguments against litigation!

  • The poor and the middle class fare better under Democratic administrations than under Republican administrations.  “[T]he real incomes of middle-class families have grown twice as fast under Democrats as they have under Republicans, while the real incomes of working poor families have grown six times as fast under Democrats as they have under Republicans.”

  • Yet another reason pharmaceutical companies are loathe to disclose problems with their drugs: When they do, their stock tanks.  I wish there was a way to solve this problem while still protecting the public and the pharmaceuticals.

  • Bankruptcies are up nearly thirty percent. “[T]he number of filings this quarter (the three-month period that ended in June) is the highest the federal judiciary has seen since the first quarter of 2006. That spike was largely attributed to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and filings leveled by March 2006.”  So, will the Feds bailout the banks by giving them money directly, or by “reforming” the bankruptcy law further? 

  • How Not to Obtain Online Consent, or Why Panera Bread Owes Me Free Muffins is worth a read. 

  • Insurance-defrauding doctor gets death penalty for murdering a patient.  Will any reformers argue that this is bad policy because it reduces the supply of physicians? 

  • After the Digitek debacle, this is very disheartening: “On August 12, FDA issued a warning letter to Novartis's Sandoz generic unit. The letter focused on manufacturing processes for a blood pressure medication. According to the letter, the manufacturing process did not undergo proper validation and FDA therefore questioned whether further distributing the product was prudent given the lack of solid process controls.”  Will Novartis/Sandoz wait two years to recall the drugs like Actavis did with Digitek?  Will the FDA ever get the teeth it needs?

  • Nan Nash wanted to change his name to F--- Censorship.  Request denied.  Maybe my libertarian nature is showing, but I disagree with the court’s decision.  If, as the court says, a man has a common law right to call himself anything he wants, then the state should have to recognize the man by that name. 

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Posted at 6:50 PM, Aug 27, 2008 in Roundup
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One cannot pass time of great seriousness of a massive storm facing New Orleans without sending hopeful thoughts to all in its path, including a relative.

One also cannot pass this frightening weather development without pointing out a naturalistic experiment. See the competence of FEMA directed by a rent seeking lawyer three years ago, versus the performance of FEMA of today led by a disaster person.

That lends support to a proposed Constitutional Amendment, "No person who has passed a year of any law school may sit on any bench, nor occupy any legislative seat, nor hold any ministerial or policy position in the Executive Branch."

Posted by: Supremacy Claus | August 31, 2008 12:15 AM