Vaccinations generally benefit society. If kids are not vaccinated because their parents won't allow it, the kids may become ill as a result (of course), and the kids may also infect other people. Should parents be held liable for injuries to others caused by exposure to their unvaccinated kids? Liability would not only compensate the […]
Category Archives: Uncategorized
Former Freedom of Information Act litigator and now law prof Margaret Kwoka has been writing articles on the Act. Read Margaret's most recent: Unconstrained Deference, Chenery, and FOIA. Here's the abstract: Litigation fails adequately to check agency secrecy decisions under the Freedom of Information Act (FOIA). To vindicate the public’s right to know what its […]
by Richard Bahrenburg (guest poster) When the day at work seems to drag and the day seems never ending, along comes a meme to cheer you up. A successful meme is a perfect mix of great photographic timing and clever word choice. Although many meme creating websites exist, not many people know that there may […]
by Brian Wolfman Last April, the Supreme Court decided Genesis HealthCare v. Symczyk, which held that an opt-in collective action brought under the Fair Labor Standard Act was moot on the assumption that an unaccepted offer from the defendant to the lead plaintiff of "complete relief" mooted the lead plaintiff's individual claim. (The Court made […]
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Check out this thought-provoking article from the Boston Globe about why texting and driving remains such a persistent problem. We all know that texting and driving can be dangerous (and by "all,"the article cites an amazing 94% figure from a federal survey about the number of people who know this is a risky practice). Yet […]
by Brian Wolfman As we've explained in a series of recent posts, in Carrera v. Bayer, the Third Circuit reversed a grant of class certification on the ground that the class wasn't "ascertainable." Among other things, the panel said that the class of purchasers of an over-the-counter weight-loss product had not shown that it would be […]
by Jeff Sovern House Financial Services Committee Chair Jeb Hensarling is still blaming regulation for the Great Recession. He recently pened an op-ed for the American Banker, Regulation – Not Lack Thereof – Led U.S. into Financial Crisis. In it, he repeats the right wing's frequently-debunked claim that the Community Reinvestment Act caused lenders to make the loans that […]
In a recent analysis of complaints submitted to the Consumer Financial Protection Bureau about financial services, the consulting firm Deloitte found that mortgage-related issues are the basis for most of the 94,000 complaints posted so far and that customer misunderstanding is often the problem. The Washington Post has a short write-up of the findings and […]
by Paul Alan Levy A fun exercise by Jonathan Band estimates the value of Wikipedia at tens of billions of dollars, with this punchline: "Wikipedia demonstrates that highly valuable content can be created by non-professionals [without the incentives provided] by the copyright system."