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Walter  Olson

Chronicling the high cost of our legal system

Categories: Law

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Update: Philly council approves shop Plexiglass crackdown
By a 14-3 vote, the Philadelphia city council has approved a bill one of whose objectives is to require "stop and go" convenience stores to take down Plexiglass ("bulletproof") partitions between cashiers and customers [Max Marin, City and State PA; ...
Sunday, December 17, 2017

D.C.'s childcare credentialism, cont'd
From Jarrett Dieterle and Shoshana Clara Weissmann of R Street Institute in a comment on a Washington, D.C. government rulemaking (see earlier): Even in a nation overwhelmed by well-intentioned but misguided occupational licensing laws, the District ...
Saturday, December 16, 2017

Federal judges and trial experience
Ken White sheds light on the current flap about a nominee for U.S. District Court who hasn't argued a motion and had trouble at a hearing identifying some reasonably well-known elements of current federal civil procedure. As Ken points out, those gap...
Saturday, December 16, 2017

Labor and employment roundup
Spotted in Senate tax bill: what sounds like an excellent proposal to cut off worker-classification lawsuits [Shu-Yi Oei and Diane M. Ring (who take a very different view of the provision) via Caron/TaxProf] Federalist Society convention video on fut...
Friday, December 15, 2017

Ted Folkman, "Some Thoughts On Consumer Arbitration"
The campaign against consumer arbitration has sought over the years to establish a number of propositions: that the process favors business over consumers, that the arbitrator is in the pocket of the corporate repeat player, that you can't get discov...
Friday, December 15, 2017

Can online media resist "creeping censorship" from EU?
Pressure from EU to keep extreme speech off social media risks "creeping censorship" affecting users in the U.S. How can and should companies push back? [Danielle Citron, Cato Policy Analysis] Tags: Europe, Facebook, free speech, Google, hate speech,...
Thursday, December 14, 2017

Philadelphia may ban bulletproof glass in delis
Today the Philadelphia city council may vote on a bill to ban bulletproof glass at hundreds of small delis. My New York Post take: are they crazy? "Have you ever been served food at a sit-down restaurant establishment through a solid barrier? That is...
Thursday, December 14, 2017

"Last-Minute Whistle-Blowing Before An Expected Termination to Create A ‘Retaliation' Claim"
Some lawyers actually train potential clients to find something to blow the whistle on when the prospect of termination is nigh. "But perhaps in the future this may change and ambush firings will become the norm to avoid this kind of thing." [Coyote]...
Thursday, December 14, 2017

December 13 roundup
Cakes and coercion: "Endorse the state's right to coerce speech or conscience and you have ceded a principle that can so easily come back to haunt you." [Andrew Sullivan, New York mag] "The legal course has some advantages. You can use state power, u...
Wednesday, December 13, 2017

Study: Occupational licensing reduces interstate migration
Potentially an important observation [Janna E. Johnson and Morris M. Kleiner, NBER]: Occupational licensure, one of the most significant labor market regulations in the United States, may restrict the interstate movement of workers. We analyze the in...
Wednesday, December 13, 2017

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