Author Archives: Brian Wolfman

Florida Supreme Court strikes down legislative damages cap under Florida constitution’s equal protection guarantee

The Florida Supreme Court yesterday responded "yes" to this question certified to it from the U.S. Court of Appeals for the Eleventh CIrcuit: DOES THE STATUTORY CAP ON WRONGFUL DEATH NONECONOMIC DAMAGES, FLA. STAT. § 766.118, VIOLATE THE RIGHT TO EQUAL PROTECTION UNDER ARTICLE I, SECTION 2 OF THE FLORIDA CONSTITUTION?  The Florida Supreme Court […]

Bloomberg Businessweek article: Target could have prevented its massive data breach just by paying attention

That's the topic of this Bloomberg Businessweek article. Here's an interesting excerpt: On Saturday, Nov. 30, the hackers had set their traps and had just one thing to do before starting the attack: plan the data’s escape route. As they uploaded exfiltration malware to move stolen credit card numbers—first to staging points spread around the […]

Pretty bad news on Freedom of Information Act implementation — 48 years after enactment

The Center for Effective Government has issued Making the Grade: Access to Information Scorecard 2014. This report grades the 15 federal agencies that receive the most Freedom of Information Act (5 U.S.C. 552) requests on their implementation of the Act. The report finds that the Act often is not implemented as Congress intended. Read a […]

CFPB names three executives

The Consumer Financial Protection Bureau yesterday named three people to senior posts: (1) Christopher D. Carroll as the Assistant Director and Chief Economist for the Office of Research in the Bureau’s Research, Markets, and Regulations Division; (2) Daniel Dodd-Ramirez as the Assistant Director of Financial Empowerment in the Bureau’s Consumer Education and Engagement Division; and […]

Is bankruptcy an effective tool in preventing foreclosure?

For a variety of answers, see an empirical study by Alan White and Carolina Reid called Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis. Here is the abstract: Do homeowner bankruptcy filings work to delay or prevent home foreclosures, and how do they compare to voluntary loan modifications specifically targeted to mortgage relief? […]

Discrimination against obese people in employment

The number of obese people has skyrocketed in recent years, which has focused some lawmakers on discrimination against obese people, including in employment. Some jurisdictions have enacted laws against this type of employment discrimination. In Legal Largesse or Big, Fat Failure: Do Weight Discrimination Laws Improve Employment Outcomes of the Obese?, Jennifer Shinall looks at […]